[Congressional Record Volume 167, Number 193 (Wednesday, November 3, 2021)]
[Senate]
[Pages S7726-S7760]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4225. Mr. MERKLEY (for himself, Mr. Wyden, Mr. Padilla, 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 of subtitle E of title X, add the following:

     SEC. 1043. ADDITIONS TO THE SMITH RIVER NATIONAL RECREATION 
                   AREA; DESIGNATION OF COMPONENTS OF THE NATIONAL 
                   WILD AND SCENIC RIVERS SYSTEM.

       (a) Additions to the Smith River National Recreation 
     Area.--
       (1) Definitions.--Section 3 of the Smith River National 
     Recreation Area Act (16 U.S.C. 460bbb-1) is amended--
       (A) in paragraph (1), by striking ``referred to in section 
     4(b)'' and inserting ``entitled `Proposed Smith River 
     National Recreation Area' and dated July 1990''; and
       (B) in paragraph (2), by striking ``the Six Rivers National 
     Forest'' and inserting ``an applicable unit of the National 
     Forest System''.
       (2) Boundaries.--Section 4(b) of the Smith River National 
     Recreation Area Act (16 U.S.C. 460bbb-2(b)) is amended--
       (A) in paragraph (1)--
       (i) in the first sentence, by inserting ``and on the map 
     entitled `Proposed Additions to the Smith River National 
     Recreation Area' and dated November 14, 2019'' after 
     ``1990''; and
       (ii) in the second sentence, by striking ``map'' and 
     inserting ``maps''; and
       (B) in paragraph (2), by striking ``map'' and inserting 
     ``maps described in paragraph (1)''.
       (3) Administration.--Section 5 of the Smith River National 
     Recreation Area Act (16 U.S.C. 460bbb-3) is amended--
       (A) in subsection (b)--
       (i) in paragraph (1), in the first sentence, by striking 
     ``the map'' and inserting ``the maps''; and
       (ii) in paragraph (2)--

       (I) in subparagraph (A), by striking ``area shall be on'' 
     and inserting ``area and any portion of the recreation area 
     in the State of Oregon shall be on roadless''; and
       (II) by adding at the end the following:

       ``(I) The Kalmiopsis Wilderness shall be managed in 
     accordance with the Wilderness Act (16 U.S.C. 1131 et 
     seq.).'';
       (B) in subsection (c), by striking ``by the amendments made 
     by section 10(b) of this Act'' and inserting ``within the 
     recreation area''; and
       (C) by adding at the end the following:
       ``(d) Study; Report.--
       ``(1) In general.--Not later than 5 years after the date of 
     enactment of this subsection, the Secretary shall conduct a 
     study of the area depicted on the map entitled `Proposed 
     Additions to the Smith River National Recreation Area' and 
     dated November 14, 2019, that includes inventories and 
     assessments of streams, fens, wetlands, lakes, other water 
     features, and associated land, plants (including Port-Orford-
     cedar), animals, fungi, algae, and other values, and unstable 
     and potentially unstable aquatic habitat areas in the study 
     area.
       ``(2) Modification of management plans; report.--On 
     completion of the study under paragraph (1), the Secretary 
     shall--
       ``(A) modify any applicable management plan to fully 
     protect the inventoried values under the study, including to 
     implement additional standards and guidelines; and
       ``(B) submit to Congress a report describing the results of 
     the study.
       ``(e) Wildfire Management.--Nothing in this Act affects the 
     authority of the Secretary (in cooperation with other 
     Federal, State, and local agencies, as appropriate) to 
     conduct wildland fire operations within the recreation area, 
     consistent with the purposes of this Act.
       ``(f) Vegetation Management.--Nothing in this Act prohibits 
     the Secretary from conducting vegetation management projects 
     (including wildfire resiliency and forest health projects) 
     within the recreation area, to the extent consistent with the 
     purposes of the recreation area.
       ``(g) Application of Northwest Forest Plan and Roadless 
     Rule to Certain Portions of the Recreation Area.--Nothing in 
     this Act affects the application of the Northwest Forest Plan 
     or part 294 of title 36, Code of Federal Regulations 
     (commonly referred to as the `Roadless Rule') (as in effect 
     on the date of enactment of this subsection), to portions of 
     the recreation area in the State of Oregon that are subject 
     to the plan and those regulations as of the date of enactment 
     of this subsection.
       ``(h) Protection of Tribal Rights.--
       ``(1) In general.--Nothing in this Act diminishes any right 
     of an Indian Tribe.
       ``(2) Memorandum of understanding.--The Secretary shall 
     seek to enter into a memorandum of understanding with 
     applicable Indian Tribes with respect to--
       ``(A) providing the Indian Tribes with access to the 
     portions of the recreation area in the State of Oregon to 
     conduct historical and cultural activities, including the 
     procurement of noncommercial forest products and materials 
     for traditional and cultural purposes; and
       ``(B) the development of interpretive information to be 
     provided to the public on the history of the Indian Tribes 
     and the use of the recreation area by the Indian Tribes.''.
       (4) Acquisition.--Section 6(a) of the Smith River National 
     Recreation Area Act (16 U.S.C. 460bbb-4(a)) is amended--
       (A) in the fourth sentence, by striking ``All lands'' and 
     inserting the following:
       ``(4) Applicable law.--All land'';
       (B) in the third sentence--
       (i) by striking ``The Secretary'' and inserting the 
     following:
       ``(3) Method of acquisition.--The Secretary'';
       (ii) by striking ``or any of its political subdivisions'' 
     and inserting ``, the State of Oregon, or any political 
     subdivision of the State of California or the State of 
     Oregon''; and
       (iii) by striking ``donation or'' and inserting ``purchase, 
     donation, or'';
       (C) in the second sentence, by striking ``In exercising'' 
     and inserting the following:
       ``(2) Consideration of offers by secretary.--In 
     exercising'';
       (D) in the first sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(1) In general.--The Secretary''; and
       (E) by adding at the end the following:
       ``(5) Acquisition of cedar creek parcel.--On the adoption 
     of a resolution by the State Land Board of Oregon and subject 
     to available funding, the Secretary shall acquire all right, 
     title, and interest in and to the approximately 555 acres of 
     land known as the `Cedar Creek Parcel' located in sec. 16, T. 
     41 S., R. 11 W., Willamette Meridian.''.
       (5) Fish and game.--Section 7 of the Smith River National 
     Recreation Area Act (16 U.S.C. 460bbb-5) is amended--
       (A) in the first sentence, by inserting ``or the State of 
     Oregon'' after ``State of California''; and
       (B) in the second sentence, by inserting ``or the State of 
     Oregon, as applicable'' after ``State of California''.
       (6) Management planning.--Section 9 of the Smith River 
     National Recreation Area Act (16 U.S.C. 460bbb-7) is 
     amended--
       (A) in the first sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(a) Revision of Management Plan.--The Secretary''; and
       (B) by adding at the end the following:
       ``(b) Smith River National Recreation Area Management Plan 
     Revision.--As soon as practicable after the date of the first 
     revision of the forest plan after the date of enactment of 
     this subsection, the Secretary shall revise the management 
     plan for the recreation area--
       ``(1) to reflect the expansion of the recreation area into 
     the State of Oregon under section 1043 of the National 
     Defense Authorization Act for Fiscal Year 2022; and
       ``(2) to include an updated recreation action schedule to 
     identify specific use and development plans for the areas 
     described in the map entitled `Proposed Additions to the 
     Smith River National Recreation Area' and dated November 14, 
     2019.''.
       (7) Streamside protection zones.--Section 11(b) of the 
     Smith River National Recreation Area Act (16 U.S.C. 460bbb-
     8(b)) is amended by adding at the end the following:
       ``(24) Each of the river segments described in subparagraph 
     (B) of section 3(a)(92) of the Wild and Scenic Rivers Act (16 
     U.S.C. 1274(a)(92)).''.
       (8) State and local jurisdiction and assistance.--Section 
     12 of the Smith River National Recreation Area Act (16 U.S.C. 
     460bbb-9) is amended--
       (A) in subsection (a), by striking ``California or any 
     political subdivision thereof'' and inserting ``California, 
     the State of Oregon, or a political subdivision of the State 
     of California or the State of Oregon'';
       (B) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``California or its political subdivisions'' 
     and inserting

[[Page S7727]]

     ``California, the State of Oregon, or a political subdivision 
     of the State of California or the State of Oregon''; and
       (C) in subsection (c), in the first sentence--
       (i) by striking ``California and its political 
     subdivisions'' and inserting ``California, the State of 
     Oregon, and any political subdivision of the State of 
     California or the State of Oregon''; and
       (ii) by striking ``State and its political subdivisions'' 
     and inserting ``State of California, the State of Oregon, and 
     any political subdivision of the State of California or the 
     State of Oregon''.
       (b) Wild and Scenic River Designations.--
       (1) North fork smith additions, oregon.--
       (A) Finding.--Congress finds that the source tributaries of 
     the North Fork Smith River in the State of Oregon possess 
     outstandingly remarkable wild anadromous fish and 
     prehistoric, cultural, botanical, recreational, and water 
     quality values.
       (B) Designation.--Section 3(a)(92) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1274(a)(92)) is amended--
       (i) in subparagraph (B), by striking ``scenic'' and 
     inserting ``wild'';
       (ii) by redesignating subparagraphs (A) through (C) as 
     clauses (i) through (iii), respectively, and indenting 
     appropriately;
       (iii) in the matter preceding clause (i) (as so 
     redesignated), by striking ``The 13-mile'' and inserting the 
     following:
       ``(A) In general.--The 13-mile''; and
       (iv) by adding at the end the following:
       ``(B) Additions.--The following segments of the source 
     tributaries of the North Fork Smith River, to be administered 
     by the Secretary of Agriculture in the following classes:
       ``(i) The 13.26-mile segment of Baldface Creek from its 
     headwaters, including all perennial tributaries, to the 
     confluence with the North Fork Smith in T. 39 S., R 10 W., T. 
     40 S., R. 10 W., and T. 41 S., R. 11 W., Willamette Meridian, 
     as a wild river.
       ``(ii) The 3.58-mile segment from the headwaters of Taylor 
     Creek to the confluence with Baldface Creek, as a wild river.
       ``(iii) The 4.38-mile segment from the headwaters of the 
     unnamed tributary to Biscuit Creek and the headwaters of 
     Biscuit Creek to the confluence with Baldface Creek, as a 
     wild river.
       ``(iv) The 2.27-mile segment from the headwaters of Spokane 
     Creek to the confluence with Baldface Creek, as a wild river.
       ``(v) The 1.25-mile segment from the headwaters of Rock 
     Creek to the confluence with Baldface Creek, flowing south 
     from sec. 19, T. 40 S., R. 10 W., Willamette Meridian, as a 
     wild river.
       ``(vi) The 1.31-mile segment from the headwaters of the 
     unnamed tributary number 2 to the confluence with Baldface 
     Creek, flowing north from sec. 27, T. 40 S., R. 10 W., 
     Willamette Meridian, as a wild river.
       ``(vii) The 3.6-mile segment from the 2 headwaters of the 
     unnamed tributary number 3 to the confluence with Baldface 
     Creek, flowing south from secs. 9 and 10, T. 40 S., R. 10 W., 
     Willamette Meridian, as a wild river.
       ``(viii) The 1.57-mile segment from the headwaters of the 
     unnamed tributary number 4 to the confluence with Baldface 
     Creek, flowing north from sec. 26, T. 40 S., R. 10 W., 
     Willamette Meridian, as a wild river.
       ``(ix) The 0.92-mile segment from the headwaters of the 
     unnamed tributary number 5 to the confluence with Baldface 
     Creek, flowing north from sec. 13, T. 40 S., R. 10 W., 
     Willamette Meridian, as a wild river.
       ``(x) The 4.90-mile segment from the headwaters of Cedar 
     Creek to the confluence with North Fork Smith River, as a 
     wild river.
       ``(xi) The 2.38-mile segment from the headwaters of 
     Packsaddle Gulch to the confluence with North Fork Smith 
     River, as a wild river.
       ``(xii) The 2.4-mile segment from the headwaters of 
     Hardtack Creek to the confluence with North Fork Smith River, 
     as a wild river.
       ``(xiii) The 2.21-mile segment from the headwaters of the 
     unnamed creek to the confluence with North Fork Smith River, 
     flowing east from sec. 29, T. 40 S., R. 11 W., Willamette 
     Meridian, as a wild river.
       ``(xiv) The 3.06-mile segment from the headwaters of Horse 
     Creek to the confluence with North Fork Smith River, as a 
     wild river.
       ``(xv) The 2.61-mile segment of Fall Creek from the Oregon 
     State border to the confluence with North Fork Smith River, 
     as a wild river.
       ``(xvi)(I) Except as provided in subclause (II), the 4.57-
     mile segment from the headwaters of North Fork Diamond Creek 
     to the confluence with Diamond Creek, as a wild river.
       ``(II) Notwithstanding subclause (I), the portion of the 
     segment described in that subclause that starts 100 feet 
     above Forest Service Road 4402 and ends 100 feet below Forest 
     Service Road 4402 shall be administered as a scenic river.
       ``(xvii) The 1.02-mile segment from the headwaters of 
     Diamond Creek to the Oregon State border in sec. 14, T. 40 
     S., R. 10 W., Willamette Meridian, as a wild river.
       ``(xviii) The 1.14-mile segment from the headwaters of 
     Acorn Creek to the confluence with Horse Creek, as a wild 
     river.
       ``(xix) The 8.58-mile segment from the headwaters of Chrome 
     Creek to the confluence with North Fork Smith River, as a 
     wild river.
       ``(xx) The 2.98-mile segment from the headwaters Chrome 
     Creek tributary number 1 to the confluence with Chrome Creek, 
     0.82 miles upstream from the mouth of Chrome Creek in the 
     Kalmiopsis Wilderness, flowing south from sec. 15, T. 40 S., 
     R. 11 W., Willamette Meridian, as a wild river.
       ``(xxi) The 2.19-mile segment from the headwaters of Chrome 
     Creek tributary number 2 to the confluence with Chrome Creek, 
     3.33 miles upstream from the mouth of Chrome Creek in the 
     Kalmiopsis Wilderness, flowing south from sec. 12, T. 40 S., 
     R. 11 W., Willamette Meridian, as a wild river.
       ``(xxii) The 1.27-mile segment from the headwaters of 
     Chrome Creek tributary number 3 to the confluence with Chrome 
     Creek, 4.28 miles upstream from the mouth of Chrome Creek in 
     the Kalmiopsis Wilderness, flowing north from sec. 18, T. 40 
     S., R. 10 W., Willamette Meridian, as a wild river.
       ``(xxiii) The 2.27-mile segment from the headwaters of 
     Chrome Creek tributary number 4 to the confluence with Chrome 
     Creek, 6.13 miles upstream from the mouth of Chrome Creek, 
     flowing south from Chetco Peak in the Kalmiopsis Wilderness 
     in sec. 36, T. 39 S., R. 11 W., Willamette Meridian, as a 
     wild river.
       ``(xxiv) The 0.6-mile segment from the headwaters of Wimer 
     Creek to the border between the States of Oregon and 
     California, flowing south from sec. 17, T. 41 S., R. 10 W., 
     Willamette Meridian, as a wild river.''.
       (2) Expansion of smith river, oregon.--Section 3(a) of the 
     Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by 
     striking paragraph (111) and inserting the following:
       ``(111) Smith river, california and oregon.--The segment 
     from the confluence of the Middle Fork Smith River and the 
     North Fork Smith River to the Six Rivers National Forest 
     boundary, including the following segments of the mainstem 
     and certain tributaries, to be administered by the Secretary 
     of Agriculture in the following classes:
       ``(A) Mainstem.--The segment from the confluence of the 
     Middle Fork Smith River and the South Fork Smith River to the 
     Six Rivers National Forest boundary, as a recreational river.
       ``(B) Rowdy creek.--
       ``(i) Upper.--The segment from and including the headwaters 
     to the California-Oregon State line, as a wild river.
       ``(ii) Lower.--The segment from the California-Oregon State 
     line to the Six Rivers National Forest boundary, as a 
     recreational river.''.
                                 ______
                                 
  SA 4226. 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 X, add the following:

     SEC. 10____. SUTTON MOUNTAIN AND PAINTED HILLS AREA WILDFIRE 
                   RESILIENCY PRESERVATION AND ECONOMIC 
                   ENHANCEMENT.

       (a) Definitions.--In this section:
       (1) Active habitat restoration.--The term ``active habitat 
     restoration'' means, with respect to an area, to restore and 
     enhance the ecological health of the area through the use of 
     management tools consistent with this section.
       (2) City.--The term ``City'' means the city of Mitchell, 
     Oregon.
       (3) County.--The term ``County'' means Wheeler County, 
     Oregon.
       (4) Ecological health.--The term ``ecological health'' 
     means the ability of the ecological processes of a native 
     ecosystem to function in a manner that maintains the 
     structure, composition, activity, and resilience of the 
     ecosystem over time, including an ecologically appropriate 
     diversity of plant and animal communities, habitats, and 
     conditions that are sustainable through successional 
     processes.
       (5) Landowner.--The term ``landowner'' means an owner of 
     non-Federal land that enters into a land exchange with the 
     Secretary under subsection (c)(1).
       (6) Lower unit.--The term ``Lower Unit'' means the area 
     that consists of the approximately 27,184 acres of land 
     generally depicted as ``Proposed National Monument-Lower 
     Unit'' on the Map.
       (7) Management plan.--The term ``management plan'' means 
     the management plan for the Monument developed by the 
     Secretary under subsection (b)(4)(B).
       (8) Map.--The term ``Map'' means the map prepared by the 
     Bureau of Land Management entitled ``Sutton Complex-Painted 
     Hills National Monument Proposal'' and dated October 27, 
     2021.
       (9) Monument.--The term ``Monument'' means the Sutton 
     Mountain National Monument established by subsection (b)(1).
       (10) Passive habitat management.--The term ``passive 
     habitat management'' means those actions that are proposed or 
     implemented to address degraded or non-functioning resource 
     conditions that are expected to improve the ecological health 
     of the area without additional on-the-ground actions, such 
     that resource objectives and desired outcomes are anticipated 
     to be reached without additional human intervention.

[[Page S7728]]

       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (12) State.--The term ``State'' means the State of Oregon.
       (13) Upper unit.--The term ``Upper Unit'' means the area 
     that consists of the approximately 38,023 acres of land 
     generally depicted as ``Proposed National Monument-Upper 
     Unit'' on the Map.
       (b) Establishment of Sutton Mountain National Monument.--
       (1) In general.--There is established in the State the 
     Sutton Mountain National Monument, consisting of the 
     following 2 management units, as generally depicted on the 
     Map:
       (A) Upper Unit.
       (B) Lower Unit.
       (2) Purposes.--The purposes of the Monument are--
       (A) to increase the wildfire resiliency of Sutton Mountain 
     and the surrounding area; and
       (B) to conserve, protect, and enhance the long-term 
     ecological health of Sutton Mountain and the surrounding area 
     for present and future generations.
       (3) Objectives.--To further the purposes of the Monument 
     described in paragraph (2), and consistent with those 
     purposes, the Secretary shall manage the Monument for the 
     benefit of present and future generations--
       (A) to support and promote the growth of local communities 
     and economies;
       (B) to promote the scientific and educational values of the 
     Monument;
       (C) to maintain sustainable grazing on the Federal land 
     within the Upper Unit and Lower Unit, in accordance with 
     applicable Federal law;
       (D) to promote recreation, historical, cultural, and other 
     uses that are sustainable, in accordance with applicable 
     Federal law;
       (E) to ensure the conservation, protection, restoration, 
     and improved management of the ecological, social, and 
     economic environment of the Monument, including geological, 
     paleontological, biological, wildlife, riparian, and scenic 
     resources;
       (F) to reduce the risk of wildfire within the Monument and 
     the surrounding area, including through juniper removal and 
     habitat restoration, as appropriate; and
       (G)(i) to allow for active habitat restoration in the Lower 
     Unit; and
       (ii) to allow for passive habitat management in the Upper 
     Unit and Lower Unit.
       (4) Management authorities.--
       (A) In general.--The Secretary shall manage the Monument--
       (i) in accordance with--

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

       (ii) in a manner that--

       (I) improves wildfire resiliency; and
       (II) ensures the conservation, protection, and improved 
     management of the ecological, social, and economic 
     environment of the Monument, including geological, 
     paleontological, biological, wildlife, riparian, and scenic 
     resources, North American Indian Tribal and cultural and 
     archaeological resource sites, and additional cultural and 
     historic sites and culturally significant native species.

       (B) Management plan.--
       (i) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall develop a 
     comprehensive management plan for the long-term conservation 
     and management of the Monument that fulfills the purposes of 
     the Monument described in paragraph (2).
       (ii) Requirements.--The management plan developed under 
     clause (i) shall--

       (I) describe the appropriate uses and management of each of 
     the Upper Unit and the Lower Unit, consistent with the 
     purposes and objectives of this section;
       (II) include an assessment of ecological conditions of the 
     Monument, including an assessment of--

       (aa) the status, causes, and rate of juniper encroachments 
     at the Monument; and
       (bb) the ecological impacts of the juniper encroachments at 
     the Monument;

       (III) identify science-based, short-term and long-term, 
     active habitat restoration and passive habitat management 
     actions--

       (aa) to reduce wildfire risk and improve the resilience of 
     native plant communities; and
       (bb) to restore historical native vegetation communities, 
     including the prioritization of the removal of invasive 
     annual grasses and juniper trees in the Lower Unit;

       (IV) include a habitat restoration opportunities component 
     that prioritizes--

       (aa) restoration within the Lower Unit; and
       (bb) maintenance of the existing wilderness character of 
     the Upper Unit;

       (V) include a riparian conservation and restoration 
     component to support anadromous and other native fish, 
     wildlife, and other riparian resources and values in the 
     monument;
       (VI) include a recreational enhancement component that 
     prioritizes--

       (aa) new and expanded opportunities for mechanized and 
     nonmechanized recreation in the Lower Unit; and
       (bb) enhancing nonmechanized, primitive, and unconfined 
     recreation opportunities in the Upper Unit;

       (VII) include an active habitat restoration component that 
     prioritizes, with respect to the Lower Unit--

       (aa) the restoration of native ecosystems;
       (bb) the enhancement of recreation and grazing activities; 
     and
       (cc) activities that will reduce wildfire risk;

       (VIII) include a passive habitat management component that 
     prioritizes, with respect to the Upper Unit--

       (aa) the restoration of native ecosystems; and
       (bb) management activities that will reduce the risk of 
     wildfire;

       (IX) determine measurable and achievable management 
     objectives, consistent with the management objectives 
     described in paragraph (3), to ensure the ecological health 
     of the Monument;
       (X) develop a monitoring program for the Monument so that 
     progress towards ecological health objectives can be 
     determined;
       (XI) include, as an integral part, a comprehensive 
     transportation plan developed in accordance with paragraph 
     (5); and
       (XII) include, as an integral part, a wildfire mitigation 
     plan developed in accordance with subparagraph (D).

       (C) Wildfire risk assessment .--Not later than 1 year after 
     the date of enactment of this Act, the Secretary, in 
     consultation with the Governor's Council on Wildfire Response 
     of the State, shall conduct a wildfire risk assessment of the 
     Upper Unit and the Lower Unit.
       (D) Wildfire mitigation plan.--
       (i) In general.--Not later than 2 years after the date on 
     which the wildfire risk assessment is conducted under 
     subparagraph (C), the Secretary shall develop, based on the 
     wildfire risk assessment, a wildfire mitigation plan as part 
     of the management plan developed under subparagraph (B) that 
     identifies, evaluates, and prioritizes management activities 
     that can be implemented in the Lower Unit to mitigate 
     wildfire risk to structures and communities located near the 
     Monument.
       (ii) Plan components.--The wildfire mitigation plan 
     developed under clause (i) shall include--

       (I) appropriate vegetation management projects (including 
     mechanical treatments to reduce hazardous fuels and improve 
     ecological health and resiliency);
       (II) necessary evacuation routes for communities located 
     near the Monument, to be developed in consultation with the 
     State and local fire agencies;
       (III) strategies for public dissemination of emergency 
     evacuation plans and routes;
       (IV) appropriate passive habitat management activities; and
       (V) strategies or management requirements to protect items 
     of value identified at the Monument, consistent with the 
     applicable fire management plan and the document prepared by 
     the National Interagency Fire Center entitled ``Interagency 
     Standards for Fire and Fire Aviation Operations'' or 
     successor interagency agreement or guidance.

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

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

       (E) Temporary roads.--
       (i) In general.--Consistent with the purposes of this 
     section and the comprehensive transportation plan under 
     paragraph (5), the Secretary may travel off-road or establish 
     temporary roads within the Lower Unit to implement the 
     wildfire mitigation plan developed under subparagraph (D).
       (ii) Effect on wildfire management.--Nothing in this 
     subsection affects the authority of the Secretary, in 
     cooperation with other Federal, State, and local agencies, as 
     appropriate, to conduct wildland fire operations at the 
     Monument, consistent with the purposes of this section.
       (F) Incorporation of acquired land and interests in land.--
     Any land or interest in land within the boundary of the 
     Monument or adjacent to the Monument that is acquired by the 
     United States shall--
       (i) become part of the Monument; and
       (ii) be managed in accordance with--

       (I) this section; and
       (II) applicable Federal laws.

       (5) Comprehensive transportation plan.--
       (A) In general.--The Secretary shall develop as part of the 
     management plan a comprehensive transportation plan for the 
     Monument, which shall address--
       (i) motorized, mechanized, and nonmotorized use;
       (ii) the maintenance and closure of motorized and 
     nonmotorized routes; and
       (iii) travel access.
       (B) Prohibition of motorized and mechanized use in the 
     upper unit.--Except as provided in subparagraphs (C), (D), 
     and (G), motorized and mechanized use shall be prohibited in 
     the Upper Unit.
       (C) Prohibition of off-road motorized travel.--Except in 
     cases in which motorized or mechanized vehicles are needed 
     for administrative purposes, ecological restoration projects, 
     or to respond to an emergency, the use of motorized or 
     mechanized vehicles in the Monument shall be permitted only 
     on routes designated by the transportation plan developed 
     under subparagraph (A).
       (D) Prohibition of new construction.--Except as provided in 
     subparagraph (E), no new motorized routes of any type shall 
     be constructed within the Monument unless the Secretary 
     determines, in consultation with the public, that the 
     motorized route is necessary for public safety in the Upper 
     Unit or Lower Unit.

[[Page S7729]]

       (E) Temporary motorized routes in the lower unit.--
     Notwithstanding subparagraph (D), temporary motorized routes 
     may be developed in the Lower Unit to assist with the removal 
     of juniper.
       (F) Trails.--Nothing in this paragraph limits the authority 
     of the Secretary to construct or maintain trails for 
     nonmotorized or nonmechanized use in the Upper Unit or Lower 
     Unit.
       (G) Access to inholdings.--The Secretary shall provide 
     reasonable access to inholdings within the boundaries of the 
     Monument to provide private landowners the reasonable use of 
     the inholdings, in accordance with section 1323(b) of the 
     Alaska National Interest Lands Conservation Act (16 U.S.C. 
     3210(b)).
       (H) Modifications to existing roads.--
       (i) In general.--Consistent with the purposes of this 
     section, the existing roads described in clause (ii) may be 
     modified or altered within 50 feet on either side of the 
     applicable road, as the Secretary determines to be necessary 
     to support use of motorized or mechanized vehicles for 
     access, utility development, or public safety.
       (ii) Description of roads.--The roads referred to in clause 
     (i) are Burnt Ranch Road, Twickenham Road, Girds Creek Road, 
     and the Logging Road, as depicted on the Map.
       (iii) Right-of-way.--The Secretary shall grant to the 
     County a right-of-way for maintenance and repair within 50 
     feet of Twickenham Road and Girds Creek Road.
       (6) Grazing.--
       (A) In general.--The grazing of livestock in the Monument, 
     if established before the date of enactment of this Act, 
     shall be allowed to continue--
       (i) subject to--

       (I) such reasonable regulations, policies, and practices as 
     the Secretary considers necessary; and
       (II) applicable law (including regulations); and

       (ii) in a manner consistent with the authorities described 
     in paragraph (4).
       (B) Voluntary relinquishment of grazing permits or 
     leases.--
       (i) Acceptance by secretary.--The Secretary shall accept 
     the voluntary relinquishment of any valid existing permits or 
     leases authorizing grazing on public land, all or a portion 
     of which is within the Monument.
       (ii) Termination.--With respect to each permit or lease 
     voluntarily relinquished under clause (i), the Secretary 
     shall--

       (I) terminate the grazing permit or lease; and
       (II) ensure a permanent end to grazing on the land covered 
     by the permit or lease.

       (iii) Partial relinquishment.--

       (I) In general.--If a person holding a valid grazing permit 
     or lease voluntarily relinquishes less than the full level of 
     grazing use authorized under the permit or lease under clause 
     (i), the Secretary shall--

       (aa) reduce the authorized grazing level to reflect the 
     voluntary relinquishment; and
       (bb) modify the permit or lease to reflect the revised 
     level.

       (II) Authorized level.--To ensure that there is a permanent 
     reduction in the authorized level of grazing on the land 
     covered by a permit or lease voluntarily relinquished under 
     subclause (I), the Secretary shall not allow grazing use to 
     exceed the authorized level established under that subclause.

       (7) Prohibition on construction of new facilities.--No new 
     facilities may be constructed in the Monument unless the 
     Secretary determines that the facility--
       (A) will be minimal in nature;
       (B) is consistent with the purposes of the Monument 
     described in paragraph (2); and
       (C) is necessary--
       (i) to enhance botanical, fish, wildlife, or watershed 
     conditions;
       (ii) to provide for public information, health, or safety;
       (iii) for the management of livestock; or
       (iv) for the management, but not promotion, of recreation.
       (8) Release of wilderness study area.--
       (A) Finding.--Congress finds that, for purposes of section 
     603(c) of the Federal Land Policy and Management Act of 1976 
     (43 U.S.C. 1782(c)), any portion of Federal land designated 
     as a wilderness study area within the Monument as of the date 
     of enactment of this Act has been adequately studied for 
     wilderness designation.
       (B) Release.--The land described in subparagraph (A)--
       (i) 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
       (ii) shall be managed in accordance with--

       (I) this section; and
       (II) applicable land use plans adopted under section 202 of 
     that Act (43 U.S.C. 1712).

       (9) Effect on existing rights.--Nothing in this 
     subsection--
       (A) terminates any valid right-of-way on land included in 
     the Monument that is in existence on the date of enactment of 
     this Act; or
       (B) affects the ability of an owner of a private inholding 
     within, or private land adjoining, the boundary of the 
     Monument to obtain permits or easements from any Federal 
     agency with jurisdiction over the Monument to support 
     existing uses, access, management, or maintenance of the 
     private property.
       (10) Water rights and infrastructure.--Nothing in this 
     subsection--
       (A) constitutes an express or implied claim or denial on 
     the part of the Federal Government regarding an exemption 
     from State water laws; or
       (B) prohibits access to existing water infrastructure 
     within the boundaries of the Monument.
       (11) Tribal rights.--Nothing in this subsection alters, 
     modifies, enlarges, diminishes, or abrogates the treaty 
     rights of any Indian Tribe.
       (c) Land Exchanges.--
       (1) Authorization.--
       (A) Faulkner exchange.--
       (i) In general.--Subject to paragraphs (2) through (8), if 
     the owner of the non-Federal land described in clause (ii)(I) 
     offers to convey to the United States all right, title, and 
     interest of the landowner in and to the non-Federal land, the 
     Secretary shall--

       (I) accept the offer; and
       (II) on receipt of acceptable title to the non-Federal land 
     and subject to valid existing rights, convey to the landowner 
     all right, title, and interest of the United States in and to 
     the Federal land described in clause (ii)(II).

       (ii) Description of land.--

       (I) Non-federal land.--The non-Federal land referred to in 
     clause (i) is the approximately 15 acres of non-Federal land 
     identified on the Map as ``Faulkner to BLM''.
       (II) Federal land.--The Federal land referred to in clause 
     (i)(II) is the approximately 10 acres of Federal land 
     identified on the Map as ``BLM to Faulkner''.

       (B) Quant exchange.--
       (i) In general.--Subject to paragraphs (2) through (8), if 
     the owner of the non-Federal land described in clause (ii)(I) 
     offers to convey to the United States all right, title, and 
     interest of the landowner in and to the non-Federal land, the 
     Secretary shall--

       (I) accept the offer; and
       (II) on receipt of acceptable title to the non-Federal land 
     and subject to valid existing rights, convey to the landowner 
     all right, title, and interest of the United States in and to 
     the Federal land described in clause (ii)(II).

       (ii) Description of land.--

       (I) Non-federal land.--The non-Federal land referred to in 
     clause (i) is the approximately 236 acres of non-Federal land 
     identified on the Map as ``Quant to BLM''.
       (II) Federal land.--The Federal land referred to in clause 
     (i)(II) is the approximately 271 acres of Federal land 
     identified on the Map as ``BLM to Quant''.

       (C) Twickenham livestock llc exchange.--
       (i) In general.--Subject to paragraphs (2) through (8), if 
     the owner of the non-Federal land described in clause (ii)(I) 
     offers to convey to the United States all right, title, and 
     interest of the landowner in and to the non-Federal land, the 
     Secretary shall--

       (I) accept the offer; and
       (II) on receipt of acceptable title to the non-Federal land 
     and subject to valid existing rights, convey to the landowner 
     all right, title, and interest of the United States in and to 
     the Federal land described in clause (ii)(II).

       (ii) Description of land.--

       (I) Non-federal land.--The non-Federal land referred to in 
     clause (i) is the approximately 574 acres of non-Federal land 
     identified on the Map as ``Twickenham to BLM''.
       (II) Federal land.--The Federal land referred to in clause 
     (i)(II) is the approximately 566 acres of Federal land 
     identified on the Map as ``BLM to Twickenham''.

       (2) Applicable law.--Except as otherwise provided in this 
     subsection, the Secretary shall carry out each land exchange 
     under paragraph (1) in accordance with section 206 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1716).
       (3) Conditions.--Each land exchange under paragraph (1) 
     shall be subject to such terms and conditions as the 
     Secretary may require.
       (4) Equal value exchange.--
       (A) In general.--The value of the Federal land and non-
     Federal land to be exchanged under paragraph (1)--
       (i) shall be equal; or
       (ii) shall be made equal in accordance with subparagraph 
     (B).
       (B) Equalization.--
       (i) Surplus of federal land.--If the value of Federal land 
     exceeds the value of non-Federal land to be conveyed under a 
     land exchange authorized under paragraph (1), the value of 
     the Federal land and non-Federal land shall be equalized by 
     reducing the acreage of the Federal land to be conveyed, as 
     determined to be appropriate and acceptable by the Secretary 
     and the landowner.
       (ii) Surplus of non-federal land.--If the value of the non-
     Federal land exceeds the value of the Federal land, the value 
     of the Federal land and non-Federal land shall be equalized 
     by reducing the acreage of the non-Federal land to be 
     conveyed, as determined to be appropriate and acceptable by 
     the Secretary and the landowner.
       (5) Appraisals.--
       (A) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary and the landowner shall 
     select an appraiser to conduct an appraisal of the Federal 
     land and non-Federal land to be exchanged under paragraph 
     (1).
       (B) Requirements.--An appraisal under subparagraph (A) 
     shall be conducted in accordance with nationally recognized 
     appraisal standards, including--
       (i) the Uniform Appraisal Standards for Federal Land 
     Acquisitions; and
       (ii) the Uniform Standards of Professional Appraisal 
     Practice.
       (6) Surveys.--
       (A) In general.--The exact acreage and legal description of 
     the Federal land and non-Federal land to be exchanged under

[[Page S7730]]

     paragraph (1) shall be determined by surveys approved by the 
     Secretary.
       (B) Costs.--The Secretary and the landowner shall divide 
     equally between the Secretary and the landowner--
       (i) the costs of any surveys conducted under subparagraph 
     (A); and
       (ii) any other administrative costs of carrying out the 
     land exchange under this subsection.
       (7) Valid existing rights.--The exchange of Federal land 
     and non-Federal land under paragraph (1) shall be subject to 
     any easements, rights-of-way, and other valid rights in 
     existence on the date of enactment of this Act.
       (8) Deadline for completion of land exchange.--It is the 
     intent of Congress that the land exchanges under paragraph 
     (1) be completed by the date that is not later than 2 years 
     after the date of enactment of this Act.
       (d) Withdrawal.--
       (1) In general.--Subject to valid existing rights, the 
     Federal land and any interest in the Federal land included 
     within the Monument is withdrawn from--
       (A) entry, appropriation, new rights-of-way, and disposal 
     under the public land laws;
       (B) location, entry, and patent under the mining laws; and
       (C) operation of--
       (i) the mineral leasing and geothermal leasing laws; and
       (ii) except as provided in paragraph (2), the minerals 
     materials laws.
       (2) Road maintenance.--As the Secretary determines to be 
     consistent with the purposes of this section and the 
     management plan, the Secretary may permit the development of 
     saleable mineral resources, for road maintenance use only, in 
     a location identified on the Map as an existing ``gravel 
     pit'' within the area withdrawn by paragraph (1), if the 
     development was authorized before the date of enactment of 
     this Act.
       (e) Treatment of State Land and Mineral Interests.--
       (1) Acquisition required.--The Secretary shall acquire, for 
     approximately equal value and as agreed to by the Secretary 
     and the State, any land and interests in land owned by the 
     State within the area withdrawn by subsection (d)(1).
       (2) Acquisition methods.--The Secretary shall acquire the 
     State land and interests in land under paragraph (1) in 
     exchange for--
       (A) the conveyance of Federal land or Federal mineral 
     interests that are outside the boundaries of the area 
     withdrawn by subsection (d)(1);
       (B) a payment to the State; or
       (C) a combination of the methods described in subparagraphs 
     (A) and (B).
       (f) Conveyances of Bureau of Land Management Land to the 
     City of Mitchell, Oregon, and Wheeler County, Oregon.--
       (1) In general.--Notwithstanding the land use planning 
     requirements of sections 202 and 203 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1712, 1713)--
       (A) on the request of the City, the Secretary shall convey 
     to the City, without consideration, the approximately 1,327 
     acres of Federal land generally depicted on the Map as ``City 
     of Mitchell Conveyance''; and
       (B) on request of the County, the Secretary shall convey to 
     the County, without consideration, the approximately 159 
     acres of Federal land generally depicted on the Map as 
     ``Wheeler County Conveyance''.
       (2) Use of conveyed land.--
       (A) In general.--Subject to subparagraphs (B) and (C), the 
     Federal land conveyed under paragraph (1) shall be used for 
     recreation or other public purposes consistent with the Act 
     of June 14, 1926 (commonly known as the ``Recreation and 
     Public Purposes Act'') (44 Stat. 741, chapter 578; 43 U.S.C. 
     869 et seq.).
       (B) Affordable or senior housing.--Not more than 50 acres 
     of the Federal land conveyed under paragraph (1)(A) may be 
     used for the construction of affordable or senior housing.
       (C) Economic development.--Not more than 50 acres of the 
     Federal land conveyed under paragraph (1)(A) may be used to 
     support economic development.
       (3) Map and legal descriptions.--
       (A) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall finalize legal 
     descriptions of the parcels of land to be conveyed under 
     paragraph (1).
       (B) Corrections of errors.--The Secretary may correct minor 
     errors in the Map or the legal descriptions.
       (C) Availability.--The Map and legal descriptions shall be 
     on file and available for public inspection in the 
     appropriate offices of the Bureau of Land Management.
       (4) Reversion.--
       (A) In general.--If any parcel of land conveyed under 
     paragraph (1) ceases to be used for the purposes described in 
     paragraph (2), the land shall, at the discretion of the 
     Secretary based on the determination of the Secretary of the 
     best interests of the United States, revert to the United 
     States.
       (B) Responsibility of local governmental entity.--If the 
     Secretary determines under subparagraph (A) that the land 
     should revert to the United States, and if the Secretary 
     determines that the land is contaminated with hazardous 
     waste, the City or the County, as applicable, shall be 
     responsible for remediation of the contamination.
       (5) Tribal rights.--Nothing in this subsection alters, 
     modifies, enlarges, diminishes, or abrogates the treaty 
     rights of any Indian Tribe.
       (g) Coordination With Units of Local Government.-- The 
     Secretary shall coordinate with units of local government, 
     including the County commission and the City, in accordance 
     with section 202 of the Federal Land Policy and Management 
     Act of 1976 (43 U.S.C. 1712) and section 1610.3-1 of title 
     43, Code of Federal Regulations (or a successor regulation) 
     in--
       (1) developing the management plan;
       (2) prioritizing implementation of project-level activities 
     under the management plan;
       (3) developing activities that implement the management 
     plan; and
       (4) carrying out any other activities under this section.
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 4227. Mr. RISCH (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, insert the following:

     SEC. ___. SECURING ENERGY INFRASTRUCTURE.

       Section 5726 of division E of the National Defense 
     Authorization Act for Fiscal Year 2020 (Public Law 116-92; 6 
     U.S.C. 189 note) is amended--
       (1) in subsection (a)(2)--
       (A) by striking ``means an entity'' and inserting the 
     following: ``means--
       ``(A) an'';
       (B) in subparagraph (A) (as so designated), by striking the 
     period at the end and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(B) a manufacturer of critical digital components in 
     industrial control systems.'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking ``2-
     year'' and inserting ``4-year''; and
       (B) in paragraph (1), by striking ``(including critical 
     component manufacturers in the supply chain)'';
       (3) in subsection (d), by striking paragraph (2) and 
     inserting the following:
       ``(2) Updated report.--Not later than 2 years after the 
     date on which funds are first disbursed under the Program, 
     the Secretary shall update the report submitted under 
     paragraph (1) and submit the updated report to the 
     appropriate congressional committees.''; and
       (4) in subsection (h)--
       (A) in paragraph (1), by striking ``$10,000,000'' and 
     inserting ``$20,000,000''; and
       (B) in paragraph (2), by striking ``$1,500,000'' and 
     inserting ``$3,000,000''.
                                 ______
                                 
  SA 4228. Mr. RISCH (for himself, Mr. Hoeven, Mrs. Capito, Mr. Crapo, 
Mr. Kennedy, Ms. Cortez Masto, Ms. Murkowski, 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 appropriate place, insert the following:

     SEC. __. FEDERAL AND STATE TECHNOLOGY PARTNERSHIP PROGRAM.

       Section 34 of the Small Business Act (15 U.S.C. 657d) is 
     amended--
       (1) in subsection (a), by adding at the end the following:
       ``(11) Underperforming state.--The term `underperforming 
     State' means a State participating in the SBIR or STTR 
     program that has been calculated by the Administrator to be 
     one of 26 States receiving the fewest SBIR and STTR first 
     phase awards (as described in paragraphs (4) and (6), 
     respectively, of section 9(e)).'';
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (E)--

       (I) in clause (iii), by striking ``and'' at the end;
       (II) in clause (iv), by striking the period at the end and 
     inserting ``; and''; and
       (III) by adding at the end the following:

       ``(v) to prioritize applicants located in an 
     underperforming State.'';
       (B) in paragraph (2)(B)(vi)--
       (i) in subclause (II), by striking ``and'' at the end; and
       (ii) by adding at the end the following:

       ``(IV) located in an underperforming State; and'';

       (C) in paragraph (3), by striking ``Not more than one 
     proposal'' and inserting ``There is no limit on the number of 
     proposals that''; and
       (D) by adding at the end the following:

[[Page S7731]]

       ``(6) Additional assistance for underperforming states.--
     Upon application by a recipient that is located in an 
     underperforming State, the Administrator may--
       ``(A) provide additional assistance to the recipient; and
       ``(B) waive the matching requirements under subsection 
     (e)(2).
       ``(7) Limitation on awards.--The Administrator may only 
     make 1 award or enter into 1 cooperative agreement per State 
     in a fiscal year.'';
       (3) in subsection (e)--
       (A) in paragraph (2)--
       (i) to by amending subparagraph (A) to read as follows:
       ``(A) In general.--The non-Federal share of the cost of an 
     activity (other than a planning activity) carried out using 
     an award or under a cooperative agreement under this section 
     shall be--
       ``(i) 25 cents for each Federal dollar, in the case of a 
     recipient that will serve small business concerns located in 
     an underperforming State, as calculated using the data from 
     the previous fiscal year; and
       ``(ii) except as provided in subparagraph (B), 75 cents for 
     each Federal dollar, in the case of a recipient that will 
     serve small business concerns located in a State that is not 
     described in clause (i) that is receiving SBIR and STTR first 
     phase awards, as described in paragraphs (4) and (6), 
     respectively, of section 9(e).'';
       (ii) in subparagraph (D), by striking ``, beginning with 
     fiscal year 2001'' and inserting ``and make publicly 
     available on the website of the Administration, beginning 
     with fiscal year 2022''; and
       (iii) by adding at the end the following:
       ``(E) Payment.--The non-Federal share of the cost of an 
     activity carried out by a recipient may be paid by the 
     recipient over the course of the period of the award or 
     cooperative agreement.''; and
       (B) by adding at the end the following:
       ``(4) Amount of award.--In carrying out the FAST program 
     under this section--
       ``(A) the Administrator shall make and enter into awards or 
     cooperative agreements;
       ``(B) each award or cooperative agreement described in 
     subparagraph (A) shall be for not more than $500,000, which 
     shall be provided over 2 fiscal years; and
       ``(C) any amounts left unused in the third quarter of the 
     second fiscal year may be retained by the Administrator for 
     future FAST program awards.
       ``(5) Reporting.--Not later than 6 months after receiving 
     an award or entering into a cooperative agreement under this 
     section, a recipient shall report to the Administrator--
       ``(A) the number of awards made under the SBIR or STTR 
     program;
       ``(B) the number of applications submitted for the SBIR or 
     STTR program;
       ``(C) the number of consulting hours spent;
       ``(D) the number of training events conducted; and
       ``(E) any issues encountered in the management and 
     application of the FAST program.'';
       (4) in subsection (f)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A)--

       (I) by striking ``Small Business Innovation Research 
     Program Reauthorization Act of 2000'' and inserting 
     ``National Defense Authorization Act for Fiscal Year 2022''; 
     and
       (II) by inserting ``and Entrepreneurship'' before ``of the 
     Senate'';

       (ii) in subparagraph (B), by striking ``and'' at the end;
       (iii) in subparagraph (C), by striking the period at the 
     end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(D) a description of the process used to ensure that 
     underperforming States are given priority application status 
     under the FAST program.''; and
       (B) in paragraph (2)--
       (i) in the paragraph heading, by striking ``Annual'' and 
     inserting ``Biennial'';
       (ii) in the matter preceding subparagraph (A), by striking 
     ``annual'' and inserting ``biennial'';
       (iii) in subparagraph (B), by striking ``and'' at the end;
       (iv) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon; and
       (v) by adding at the end the following:
       ``(D) the proportion of awards provided to and cooperative 
     agreements entered into with underperforming States; and
       ``(E) a list of the States that were determined by the 
     Administrator to be underperforming States, and a description 
     of any changes in the list compared to previously submitted 
     reports.''; and
       (5) in subsection (g)(2)--
       (A) by striking ``2004'' and inserting ``2022''; and
       (B) by inserting ``and Entrepreneurship'' before ``of the 
     Senate''.
                                 ______
                                 
  SA 4229. Mr. CRAMER submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1516. ACTIVE PROTECTION OF THE MAJOR RANGE AND TEST 
                   FACILITY BASE.

       (a) Authority.--The Secretary of Defense may take, and may 
     authorize members of the Armed Forces and officers and 
     civilian employees of the Department of Defense to take, such 
     actions described in subsection (b) as are necessary to 
     mitigate the threat, as determined by the Secretary, that a 
     space-based asset may pose to the security or operation of 
     the Major Range and Test Facility Base (as defined in section 
     196(i) of title 10, United States Code).
       (b) Actions Described.--The actions described in this 
     subsection are the following:
       (1) To detect, identify, monitor, and track space-based 
     assets without consent.
       (2) Consistent with the statutory authority of the 
     Secretary, to take such proactive actions as necessary to 
     ensure that the Major Range and Test Facility Base is able to 
     perform its intended function and meet operational and 
     security requirements.
                                 ______
                                 
  SA 4230. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

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

       (a) Definition of State-owned National Guard Facility.--
     Section 2700 of title 10, United States Code, is amended by 
     adding at the end the following new paragraph:
       ``(4) The term `State-owned National Guard facility' means 
     land owned and operated by a State when such land is used for 
     training the National Guard pursuant to chapter 5 of title 32 
     with funds provided by the Secretary of Defense or the 
     Secretary of a military department, even though such land is 
     not under the jurisdiction of the Department of Defense.''.
       (b) Authority for Defense Environmental Restoration 
     Program.--Section 2701(a)(1) of such title is amended, in the 
     first sentence, by inserting ``and at State-owned National 
     Guard facilities'' before the period.
       (c) Responsibility for Response Actions.--Section 
     2701(c)(1) of such title is amended by adding at the end the 
     following new subparagraph:
       ``(D) Each State-owned National Guard facility being used 
     for training at the time of actions leading to contamination 
     by hazardous substances or pollutants or contaminants.''.
                                 ______
                                 
  SA 4231. Mr. CRUZ (for himself and Mr. Inhofe) submitted an amendment 
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and 
intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        On page 125, line 19, strike ``foam'' and insert 
     ``solution''.
                                 ______
                                 
  SA 4232. Mr. REED (for himself and Mr. Inhofe) submitted an amendment 
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and 
intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 596. AUTHORIZATION TO AWARD MEDAL OF HONOR TO PRIVATE 
                   FIRST CLASS CHARLES R. JOHNSON FOR ACTS OF 
                   VALOR DURING THE KOREAN WAR.

       (a) 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 President may award the Medal of Honor under 
     section 7271 of such title to Private First Class (PFC) 
     Charles R. Johnson for the acts of valor described in 
     subsection (b).
       (b) Acts of Valor Described.--The acts of valor referred to 
     in subsection (a) are the actions of PFC Charles R. Johnson 
     on June 11-

[[Page S7732]]

     12, 1953, as a member of the Army serving in Korea during the 
     Korean War.
                                 ______
                                 
  SA 4233. Mr. REED (for himself and Mr. Young) submitted an amendment 
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and 
intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        In title X, add at the end the following:

     Subtitle H--Council on Military, National, and Public Service

     SEC. 1071. ESTABLISHMENT OF COUNCIL ON MILITARY, NATIONAL, 
                   AND PUBLIC SERVICE.

       (a) Establishment.--
       (1) In general.--There is established in the Executive 
     Office of the President a Council on Military, National, and 
     Public Service (in this section referred to as the 
     ``Council'').
       (2) Functions.--The Council shall--
       (A) advise the President with respect to promoting and 
     expanding opportunities for military service, national 
     service, and public service for all people of the United 
     States;
       (B) coordinate policies and initiatives of the executive 
     branch to promote and expand opportunities for military 
     service, national service, and public service; and
       (C) coordinate policies and initiatives of the executive 
     branch to foster an increased sense of service and civic 
     responsibility among all people of the United States.
       (b) Composition.--
       (1) Director.--The President shall appoint an individual to 
     serve as the Assistant to the President for Military, 
     National, and Public Service and the Director of the Council, 
     who shall serve at the pleasure of the President. The 
     Assistant to the President for Military, National, and Public 
     Service shall serve as the head of the Council.
       (2) Membership.--In addition to the Director, the Council 
     shall be composed of such officers as the President may 
     designate.
       (3) Meetings.--The Council shall meet on a quarterly basis, 
     or more frequently as the Director of the Council may direct.
       (c) Responsibilities of the Council.--The Council shall--
       (1) assist and advise the President and the heads of 
     Executive agencies in the establishment of policies, goals, 
     objectives, and priorities to promote service and civic 
     responsibility among all people of the United States;
       (2) develop and recommend to the President and the heads of 
     Executive agencies policies of common interest to Executive 
     agencies for increasing the participation, and propensity of 
     people of the United States to participate, in military 
     service, national service, and public service in order to 
     address national security and other current and future needs 
     of the United States including policies for--
       (A) reevaluating benefits for the Federal public service 
     and national service programs in order to increase awareness 
     of and remove barriers to entry into such programs;
       (B) ensuring that the participation in and leadership of 
     the military, the Federal public service, and national 
     service programs reflects the diversity of the United States 
     including by race, gender, ethnicity, and disability status; 
     and
       (C) developing pathways to service for high school 
     graduates, college students, and recent college graduates;
       (3) serve as the interagency lead for identifying critical 
     skills to address national security and other needs of the 
     United States, with responsibility for coordinating 
     governmentwide efforts to address gaps in critical skills and 
     identifying methods to recruit and retain individuals 
     possessing such critical skills;
       (4) serve as a forum for Federal officials responsible for 
     military service, national service, and public service 
     programs to coordinate and develop interagency, cross-service 
     initiatives;
       (5) lead the effort of the Federal Government to develop 
     joint awareness and recruitment, retention, and marketing 
     initiatives involving military service, national service, and 
     public service, including the sharing of marketing and 
     recruiting research between and among service agencies;
       (6) consider approaches for assessing impacts of service on 
     the needs of the United States and individuals participating 
     in and benefitting from such service;
       (7) consult, as the Council considers advisable, with 
     representatives of non-Federal entities, including State, 
     local, and Tribal governments, State and local educational 
     agencies, State Commissions, institutions of higher 
     education, nonprofit organizations, philanthropic 
     organizations, and the private sector, in order to promote 
     and develop initiatives to foster and reward military 
     service, national service, and public service;
       (8) oversee the response to and implementation of, as 
     appropriate, the recommendations of the National Commission 
     on Military, National, and Public Service established under 
     section 553 of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2132);
       (9) not later than 2 years after the date of enactment of 
     this Act, and quadrennially thereafter, prepare and submit to 
     the President and Congress a Quadrennial Military, National, 
     and Public Service Strategy, which shall set forth--
       (A) a review of programs and initiatives of the Federal 
     Government relating to the mandate of the Council;
       (B) notable initiatives by State, local, and Tribal 
     governments and by nongovernmental entities to increase 
     awareness of and participation in service programs;
       (C) current and foreseeable trends for service to address 
     the needs of the United States; and
       (D) a program for addressing any deficiencies identified by 
     the Council, together with recommendations for legislation;
       (10) not later than 4 years after the date of enactment of 
     this Act, and quadrennially thereafter, prepare and submit to 
     the President and Congress a Quadrennial Report on Cross-
     Service Participation on the basis of the activities carried 
     out under the strategy submitted under paragraph (9);
       (11) prepare, for inclusion in the annual budget submission 
     by the President to Congress under section 1105 of title 31, 
     United States Code, a detailed, separate analysis by budget 
     function, by agency, and by initiative area for the preceding 
     fiscal year, the current fiscal year, and the fiscal years 
     for which the budget is submitted, identifying the amounts of 
     gross and net appropriations or obligational authority and 
     outlays for initiatives, consistent with the priorities of 
     the President, under the Quadrennial Military, National, and 
     Public Service Strategy, with separate displays for mandatory 
     and discretionary amounts;
       (12) develop a joint national service messaging strategy 
     that incorporates domestic and international service that 
     both the Corporation for National and Community Service and 
     the Peace Corps would promote; and
       (13) perform such other functions as the President may 
     direct.
       (d) Responsibilities of the Director of the Council.--In 
     addition to duties relating to the responsibilities of the 
     Council described in subsection (c), the Director of the 
     Council shall--
       (1) coordinate with the Assistant to the President for 
     National Security Affairs for any matter that may affect 
     national security;
       (2) at the discretion of the President, serve as 
     spokesperson of the executive branch on issues related to 
     military service, national service, and public service;
       (3) upon request by a committee or subcommittee of the 
     Senate or of the House of Representatives, appear before any 
     such committee or subcommittee to represent the position of 
     the executive branch on matters within the scope of the 
     responsibilities of the Council; and
       (4) perform such other functions as the President may 
     direct.
       (e) Organizational Matters.--
       (1) Assistant to the president for military, national, and 
     public service.--The Assistant to the President for Military, 
     National, and Public Service shall be compensated at the rate 
     of basic pay prescribed for level II of the Executive 
     Schedule under section 5313 of title 5, United States Code.
       (2) Staff.--The Council may employ officers and employees 
     as necessary to carry out of the functions of the Council. 
     Such officers and employees of the Council shall be 
     compensated at a rate not more than the rate of basic pay 
     prescribed for level IV of the Executive Schedule under 
     section 5315 of title 5, United States Code.
       (3) Experts and consultants.--The Council may, as necessary 
     to carry out of the functions of the Council, procure 
     temporary and intermittent services of experts and 
     consultants under section 3109(b) of title 5, United States 
     Code, at rates for individuals that do not exceed the daily 
     equivalent of the annual rate of basic pay prescribed for 
     level V of the Executive Schedule under section 5316 of that 
     title.
       (4) Advisory committees.--The Council may, in carrying out 
     the functions of the Council, direct a member of the Council 
     to establish advisory committees composed of representatives 
     from outside the Federal Government.
       (5) Authority to accept gifts.--The Council may accept, 
     use, and dispose of gifts or donations of services, goods, 
     and property, except for cash, from non-Federal entities for 
     the purposes of aiding and facilitating the work of the 
     Council.
       (6) Authority to accept voluntary services.--
     Notwithstanding section 1342 of title 31, United States Code, 
     the Council may accept and employ voluntary and uncompensated 
     services in furtherance of the purposes of the Council.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
       (g) Conforming Amendment.--Section 1105(a) of title 31, 
     United States Code, is amended by adding at the end the 
     following:
       ``(40) a separate statement of the amount of appropriations 
     requested for the Council on Military, National, and Public 
     Service in the Executive Office of the President.
       ``(41) a detailed, separate analysis by budget function, by 
     agency, and by initiative area for the preceding fiscal year, 
     the current fiscal year, and the fiscal years for which the 
     budget is submitted, identifying the amounts of gross and net 
     appropriations or obligational authority and outlays for 
     initiatives, consistent with the priorities of the President, 
     under the Quadrennial Military,

[[Page S7733]]

     National, and Public Service Strategy required by section 
     1071(c)(9) of the National Defense Authorization Act for 
     Fiscal Year 2022, with separate displays for mandatory and 
     discretionary amounts.''.

     SEC. 1072. INTERNET-BASED SERVICE PLATFORM.

       (a) Declaration of Policy.--It is the policy of the United 
     States, in promoting a culture of service in the United 
     States and meeting the recruiting needs for military service, 
     national service, and public service programs, to provide a 
     comprehensive, interactive, and integrated internet-based 
     platform to enable the people of the United States to learn 
     about and connect with service organizations and 
     opportunities and assist in the recruiting needs of service 
     organizations.
       (b) Definitions.--In this section:
       (1) Director.--The term ``Director'' means the Director of 
     the Council on Military, National, and Public Service.
       (2) Member.--The term ``member'' means an individual who is 
     a member of the Service Platform under this section.
       (3) Service mission.--The term ``service mission'' means 
     the objectives of a service organization or a service 
     opportunity.
       (4) Service opportunity.--The term ``service opportunity'' 
     means any paid, volunteer, or other position with a service 
     organization.
       (5) Service organization.--The term ``service 
     organization'' means any military service, national service, 
     or public service organization that participates in the 
     Service Platform.
       (6) Service platform.--The term ``Service Platform'' means 
     the comprehensive, interactive, and integrated internet-based 
     platform established under this section.
       (7) Service type.--The term ``service type'' means the 
     period and form of service with a service organization, 
     including part-time, full-time, term limited, sabbatical, 
     temporary, episodic, or emergency options for paid, 
     volunteer, or stipend-based service.
       (8) State.--The term ``State'' means the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     and any other territory or possession of the United States.
       (9) Uniformed services.--The term ``uniformed services'' 
     has the meaning given such term in subsection (a)(5) of 
     section 101 of title 10, United States Code.
       (c) Establishment of the Service Platform.--The Director, 
     in coordination with the Director of the Office of Management 
     and Budget, shall establish, maintain, and promote the 
     Service Platform to serve as a centralized resource and 
     database for the people of the United States to learn about 
     and connect with organizations and opportunities related to 
     military service, national service, or public service and for 
     such organizations to identify people of the United States 
     with the skills necessary to address the needs of such 
     organizations.
       (d) Operation of Service Platform.--
       (1) Public accessibility.--The Director, in coordination 
     with the Director of the Office of Management and Budget, 
     shall determine, and make accessible to the public, 
     information about service organizations and service 
     opportunities, without any requirement that an individual 
     seeking such access become a member.
       (2) Members.--
       (A) In general.--Any individual meeting criteria 
     established by the Director by regulation may register as a 
     member under subparagraph (B).
       (B) Registration.--
       (i) In general.--An individual that registers under this 
     subparagraph as a member shall be entitled to access 
     information about service organizations and service 
     opportunities available through the Service Platform.
       (ii) Information and consent from individual.--An 
     individual meeting the criteria established under 
     subparagraph (A) and seeking to become a member--

       (I) shall provide to the Director such information as the 
     Director may determine necessary to facilitate the 
     functionality of the Service Platform;
       (II) shall, unless specifically electing not to, consent to 
     share any information entered into the Service Platform with, 
     and to be contacted by, any public service or national 
     service organization that participates in the Service 
     Platform;
       (III) may consent to share any information entered into the 
     Service Platform with, and to be contacted by, any uniformed 
     service that participates in the Service Platform;
       (IV) may consent to be contacted for potential service with 
     any national service or public service organization in the 
     event of a national emergency; and
       (V) may consent to be contacted to join the uniformed 
     services on a voluntary basis during an emergency requiring 
     national mobilization.

       (iii) Verification.--Upon receipt of the information and, 
     as relevant, consent from an individual under clause (ii), 
     the Director shall--

       (I) verify that the individual has not previously 
     registered as a member; and
       (II) if such individual has not previously registered as a 
     member, register such individual as a member and by written 
     notice (including by electronic communication), notify such 
     member of such registration.

       (3) Use of service platform.--
       (A) Additional information.--The Service Platform shall 
     enable a member to provide additional information to improve 
     the functionality of the Service Platform, as determined 
     relevant by the Director, including information regarding the 
     member's--
       (i) educational background;
       (ii) employment background;
       (iii) professional skills, training, licenses, and 
     certifications;
       (iv) service organization preferences;
       (v) service type preferences;
       (vi) service mission preferences; and
       (vii) geographic preferences.
       (B) Updates.--A member may, at any time, update the 
     personal and other information of the member available on the 
     Service Platform.
       (C) Renewal of consent regarding military service.--The 
     Director shall send to a member who consents to serve under 
     paragraph (2)(B)(ii)(V) an annual request to confirm the 
     continued consent to serve by the member.
       (4) Withdrawal of members.--A member may withdraw as a 
     member by submitting to the Director a request to withdraw. 
     Not later than 30 days after the date of such request to 
     withdraw, all records regarding such member shall be removed 
     from the Service Platform and any other data storage 
     locations the Director may use relating to the Service 
     Platform, notwithstanding any obligations under chapter 31 of 
     title 44, United States Code (commonly known as the ``Federal 
     Records Act of 1950'').
       (e) Service Organizations.--
       (1) Executive agencies and military departments.--All 
     Executive agencies and military departments shall participate 
     in the Service Platform as service organizations.
       (2) Non-federal service organizations.--State, local, and 
     Tribal government agencies, and nongovernmental organizations 
     that undertake national service programs, may participate in 
     the Service Platform, subject to subsection (h).
       (3) Information on service organizations.--Each service 
     organization participating in the Service Platform shall make 
     available on the Service Platform--
       (A) information sufficient for a member to identify and 
     understand the service opportunities and service mission of 
     such service organization;
       (B) information on the availability of service 
     opportunities by service type;
       (C) internet links to the hiring and recruiting websites of 
     such service organization; and
       (D) such additional information as the Director may 
     require.
       (4) Additional platforms not precluded.--Nothing in this 
     subsection shall prevent any service organization from 
     establishing or maintaining a separate internet-based system 
     or platform to recruit individuals for employment or for 
     volunteer or other service opportunities.
       (f) Minimum Design Requirements.--The Service Platform 
     shall--
       (1) provide the public with access to information on 
     service organizations and service opportunities through an 
     internet-based system that is user-friendly, interactive, 
     accessible, and fully functional through mobile applications 
     and other widely used communications media, without a 
     requirement that any person seeking such access register as a 
     member;
       (2) provide an individual with the ability to register as a 
     member in order to customize their experience in accordance 
     with subsection (d)(3)(A), including providing mechanisms 
     to--
       (A) connect such member with service organizations and 
     service opportunities that match the interests of the member; 
     and
       (B) ensure robust search capabilities to facilitate the 
     ability of the member to explore service organizations and 
     service opportunities;
       (3) include mechanisms to enable a service organization to 
     connect with members who have consented to be contacted and 
     meet the needs of such service organization;
       (4) incorporate, to the extent permitted by law and 
     regulation, the ability of a member to securely upload 
     information on education, employment, and skills related to 
     the service organizations and service opportunities from 
     internet-based professional, recruiting, and social media 
     systems, consistent with security requirements;
       (5) ensure compatibility with relevant information systems 
     of Executive agencies and military departments;
       (6) use state-of-the-art technology and analytical tools to 
     facilitate the efficacy of the Service Platform in connecting 
     members with service opportunities and service organizations; 
     and
       (7) retain all personal information in a manner that 
     protects the privacy of members in accordance with section 
     552a of title 5, United States Code, and other applicable 
     law, provide access to information relating to a member only 
     in accordance with the consent of the member or as required 
     by applicable law, and incorporate data security and control 
     policies that are adequate to ensure the confidentiality and 
     security of information provided and maintained on the 
     Service Platform.
       (g) Development of Service Platform Plan.--
       (1) Implementation plan.--Not later than 180 days after the 
     date of enactment of this Act, the Director, in coordination 
     with the Director of the Office of Management and Budget, 
     shall develop a detailed plan to implement the Service 
     Platform that complies with all the requirements of this 
     section.
       (2) Consultation required.--In developing the plan under 
     this subsection, the Director shall consult with the 
     Secretary of Defense,

[[Page S7734]]

     the Chief Executive Officer of the Corporation for National 
     and Community Service, the Director of the Office of 
     Personnel Management, the head of the United States Digital 
     Service and, as needed, the heads of other Executive 
     agencies. Such consultation may include seeking assistance in 
     the design, development, and creation of the Service 
     Platform.
       (3) Technical advice permitted.--
       (A) In general.--In developing the plan under this 
     subsection, the Director may--
       (i) seek and receive technical advice from experts outside 
     of the Federal Government; and
       (ii) form a committee of such experts to assist in the 
     design and development of the Service Platform.
       (B) Volunteer service.--Notwithstanding section 1342 of 
     title 31, United States Code, the Director may accept the 
     voluntary services of such experts under this paragraph.
       (C) Federal advisory committee act.--A committee of the 
     experts formed under this paragraph shall not be subject to 
     the Federal Advisory Committee Act (5 U.S.C. App.).
       (4) Information collection authorized.--
       (A) In general.--In developing the plan under this 
     subsection, the Director may collect information from the 
     public through focus groups, surveys, and other mechanisms.
       (B) Paperwork reduction act.--The requirements under 
     subchapter I of chapter 35 of title 44, United States Code 
     (commonly known as the ``Paperwork Reduction Act'') shall not 
     apply to activities authorized under this paragraph.
       (h) Regulations.--Not later than 12 months after the date 
     of enactment of this Act, the Director of the Office of 
     Management and Budget shall issue regulations to carry out 
     this section including--
       (1) procedures that enable State, local, and Tribal 
     government agencies to participate in the Service Platform as 
     service organizations;
       (2) procedures that enable nongovernmental organizations 
     that undertake national service programs to participate in 
     the Service Platform as service organizations; and
       (3) a timeline to implement the procedures described in 
     subparagraphs (A) and (B).
       (i) Reports to Congress.--Not later than 12 months after 
     the date of enactment of this Act and annually thereafter, 
     the Director, in coordination with the Director of the Office 
     of Management and Budget, shall provide a report to Congress 
     on the Service Platform. Such report shall include the 
     following:
       (1) Details on the status of implementation of the Service 
     Platform and plans for further development of the Service 
     Platform.
       (2) Participation rates of service organizations and 
     members.
       (3) The number of individuals visiting the Service 
     Platform, the number of service organizations participating 
     in the platform, and the number of service opportunities 
     available in the preceding 12-month period.
       (4) Information on any cybersecurity or privacy concerns.
       (5) The results of any surveys or studies undertaken to 
     increase the use and efficacy of the Service Platform.
       (6) Any additional information the Director or the 
     President considers appropriate.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Director for each fiscal year such 
     funds as may be necessary to carry out this section.
       (k) Selective Service System.--Section 10 of the Military 
     Selective Service Act (50 U.S.C. 3809) is amended by adding 
     at the end the following:
       ``(i) Service Platform.--The Director of Selective Service 
     shall provide to all registrants, on the website of the 
     Selective Service System and in communications with 
     registrants relating to registration, information about the 
     Service Platform established under section 1072 of the 
     National Defense Authorization Act for Fiscal Year 2022. The 
     Director of Selective Service shall provide to each 
     registrant, at the time of registration, an option to 
     transfer to the Service Platform the information the 
     registrant has provided to the Selective Service System. The 
     Director of Selective Service shall consult with the Director 
     of the Council on Military, National, and Public Service to 
     ensure that information provided by the Selective Service 
     System is compatible with the information requirements of the 
     Service Platform.''.

     SEC. 1073. PILOT PROGRAM TO COORDINATE MILITARY, NATIONAL, 
                   AND PUBLIC SERVICE RECRUITMENT.

       (a) Pilot Program Authorized.--The Director of the Council 
     on Military, National, and Public Service may carry out a 
     pilot program in coordination with departments and agencies 
     responsible for recruiting individuals for military service, 
     national service, and public service, to focus on recruiting 
     individuals from underserved markets and demographic 
     populations, such as those defined by gender, geography, 
     socioeconomic status, and critical skills, as determined by 
     each participating department or agency, to better reflect 
     the demographics of the United States while ensuring that 
     recruiting needs are met.
       (b) Consultation.--In developing a pilot program under this 
     section, the Director of the Council on Military, National, 
     and Public Service shall consult with the Secretary of 
     Defense, the Secretary of Homeland Security, the secretaries 
     of the military departments, the Commandant of the United 
     States Coast Guard, the Chief Executive Officer of the 
     Corporation for National and Community Service, the Director 
     of the Peace Corps, and the Director of the Office of 
     Personnel Management.
       (c) Duration.--The pilot program under this section shall 
     terminate not earlier than 2 years after the date of 
     commencement of such pilot program.
       (d) Status Reports.--Not later than 12 months after the 
     date of commencement of the pilot program authorized under 
     this section, and not later than 12 months thereafter, the 
     Director of the Council on Military, National, and Public 
     Service shall submit to Congress reports evaluating the pilot 
     program carried out under this section.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 1074. JOINT MARKET RESEARCH AND RECRUITING PROGRAM TO 
                   ADVANCE MILITARY AND NATIONAL SERVICE.

       (a) Program Authorized.--The Secretary of Defense, the 
     Chief Executive Officer of the Corporation for National and 
     Community Service, and the Director of the Peace Corps may 
     carry out a joint market research, market studies, 
     recruiting, and advertising program to complement the 
     existing programs of the military departments, the national 
     service programs administered by the Corporation, and the 
     Peace Corps.
       (b) Information Sharing Permitted.--Section 503 of title 
     10, United States Code, shall not be construed to prohibit 
     sharing of information among, or joint marketing efforts of, 
     the Department of Defense, the Corporation for National and 
     Community Service, and the Peace Corps to carry out this 
     section.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for carrying 
     out this section.

     SEC. 1075. INFORMATION SHARING TO ADVANCE MILITARY AND 
                   NATIONAL SERVICE.

       (a) Establishment of Plan.--The Secretary of Defense, the 
     Chief Executive Officer of the Corporation for National and 
     Community Service, and the Director of the Peace Corps shall 
     establish a joint plan to provide an applicant who is 
     ineligible, or otherwise not selected, for service in the 
     Armed Forces, in a national service program administered by 
     the Corporation for National and Community Service, or in the 
     Peace Corps, with information about the forms of service for 
     which such applicant has not applied.
       (b) Report to Congress.--Not later than 12 months after the 
     date of enactment of this Act, the Secretary of Defense, the 
     Chief Executive Officer of the Corporation for National and 
     Community Service, and the Director of the Peace Corps shall 
     submit to Congress a report on the plan established under 
     subsection (a).

     SEC. 1076. TRANSITION OPPORTUNITIES FOR MILITARY 
                   SERVICEMEMBERS AND NATIONAL SERVICE 
                   PARTICIPANTS.

       (a) Employment Assistance.--Section 1143(c)(1) of title 10, 
     United States Code, is amended by inserting ``the Corporation 
     for National and Community Service,'' after ``State 
     employment agencies,''.
       (b) Employment Assistance, Job Training Assistance, and 
     Other Transitional Services: Department of Labor.--
       (1) In general.--Section 1144 of title 10, United States 
     Code, is amended--
       (A) in subsection (a)--
       (i) in paragraph (1), by striking ``and the Secretary of 
     Veterans Affairs,'' and inserting ``the Secretary of Veterans 
     Affairs, and the Chief Executive Officer of the Corporation 
     for National and Community Service,'';
       (ii) in paragraph (2), by striking ``and the Secretary of 
     Veterans Affairs'' and inserting ``the Secretary of Veterans 
     Affairs, and the Chief Executive Officer of the Corporation 
     for National and Community Service''; and
       (iii) in paragraph (3), by inserting ``and the Chief 
     Executive Officer'' after ``The Secretaries'';
       (B) in subsection (b), by adding at the end the following:
       ``(11) Provide information on public service opportunities, 
     training on public service job recruiting, and the advantages 
     of careers with the Federal Government.'';
       (C) in subsection (c)(2)(A), by striking ``and the 
     Secretary of Veterans Affairs,'' and inserting ``, the 
     Secretary of Veterans Affairs, and the Chief Executive 
     Officer of the Corporation for National and Community 
     Service,'';
       (D) in subsection (d), in the matter preceding paragraph 
     (1), by inserting ``and the Chief Executive Officer of the 
     Corporation for National and Community Service'' after ``the 
     Secretaries''; and
       (E) by adding at the end the following new subsection:
       ``(g) Corporation for National and Community Service 
     Programs.--In establishing and carrying out a program under 
     this section, the Chief Executive Officer of the Corporation 
     for National and Community Service shall do the following:
       ``(1) Provide information concerning national service 
     opportunities, including--
       ``(A) opportunities to acquire and enhance technical skills 
     available through national service;
       ``(B) certifications and verifications of job skills and 
     experience available through national service;
       ``(C) support services and benefits available during terms 
     of national service; and
       ``(D) job analysis techniques, job search techniques, and 
     job interview techniques specific to approved national 
     service positions

[[Page S7735]]

     (as defined in section 101 of the National and Community 
     Service Act of 1990 (42 U.S.C. 12511)).
       ``(2) Inform members of the armed forces that the 
     Department of Defense and the Department of Homeland Security 
     are required, under section 1143(a) of this title, to provide 
     proper certification or verification of job skills and 
     experience acquired while on active duty that may have 
     application to service in programs of the Corporation for 
     National and Community Service.
       ``(3) Work with military and veterans' service 
     organizations and other appropriate organizations in 
     promoting and publicizing job fairs for such members.
       ``(4) Provide information about disability-related 
     employment and education protections.''.
       (2) Conforming and clerical amendments.--
       (A) Heading amendment.--The heading of section 1144 of such 
     title is amended to read as follows:

     ``Sec. 1144. Employment assistance, job training assistance, 
       and other transitional services: Department of Labor and 
       the Corporation for National and Community Service''.

       (B) Table of sections.--The table of sections at the 
     beginning of chapter 58 of such title is amended by striking 
     the item relating to section 1144 and inserting the following 
     new item:

``1144. Employment assistance, job training assistance, and other 
              transitional services: Department of Labor and the 
              Corporation for National and Community Service.''.
       (c) Authorities and Duties of the Chief Executive 
     Officer.--Section 193A(b) of the National and Community 
     Service Act of 1990 (42 U.S.C. 12651d(b)) is amended--
       (1) in paragraph (24), by striking ``and'' at the end;
       (2) in paragraph (25), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(26) ensure that individuals completing a partial or full 
     term of service in a program under subtitle C or E or part A 
     of title I of the Domestic Volunteer Service Act of 1973 (42 
     U.S.C. 4951 et seq.) receive information about military and 
     public service opportunities for which they may qualify or in 
     which they may be interested.''.

     SEC. 1077. JOINT REPORT TO CONGRESS ON INITIATIVES TO 
                   INTEGRATE MILITARY AND NATIONAL SERVICE.

       (a) Reporting Requirement.--Not later than 4 years after 
     the date of enactment of this Act and quadrennially 
     thereafter, the Director of the Council on Military, 
     National, and Public Service established under section 1071, 
     in coordination with the Secretary of Defense, the Chief 
     Executive Officer of the Corporation for National and 
     Community Service, and the Director of the Peace Corps, shall 
     submit to Congress a joint report on cross-service 
     recruitment, including recommendations for increasing joint 
     advertising and recruitment initiatives for the Armed Forces, 
     programs administered by the Corporation for National and 
     Community Service, and the Peace Corps.
       (b) Contents of Report.--Each report under subsection (a) 
     shall include the following:
       (1) The number of Peace Corps volunteers and participants 
     in national service programs administered by the Corporation 
     for National and Community Service, who previously served as 
     a member of the Armed Forces.
       (2) The number of members of the Armed Forces who 
     previously served in the Peace Corps or in a program 
     administered by the Corporation for National and Community 
     Service.
       (3) An assessment of existing (as of the date of the 
     reports submission) joint recruitment and advertising 
     initiatives undertaken by the Department of Defense, the 
     Peace Corps, or the Corporation for National and Community 
     Service.
       (4) An assessment of the feasibility and cost of expanding 
     such existing initiatives.
       (5) An assessment of ways to improve the ability of the 
     reporting agencies to recruit individuals from the other 
     reporting agencies.
       (c) Consultation.--The Director of the Council on Military, 
     National, and Public Service established under section 1071, 
     the Secretary of Defense, the Chief Executive Officer of the 
     Corporation for National and Community Service, and the 
     Director of the Peace Corps shall undertake studies of 
     recruiting efforts that are necessary to carry out the 
     provisions of this section. Such studies may be conducted 
     using any funds appropriated to those entities under Federal 
     law other than this subtitle.

     SEC. 1078. DEFINITIONS.

       In this subtitle:
       (1) Council on military, national, and public service.--The 
     term ``Council on Military, National, and Public Service'' 
     means the Council on Military, National, and Public Service 
     established under section 1071.
       (2) Executive agency.--The term ``Executive agency'' has 
     the meaning given that term in section 105 of title 5, United 
     States Code.
       (3) Military department.--The term ``military department'' 
     means each of the military departments listed in section 102 
     of title 5, United States Code.
       (4) Military service.--The term ``military service'' means 
     active service (as defined in subsection (d)(3) of section 
     101 of title 10, United States Code) or active status (as 
     defined in subsection (d)(4) of such section) in one of the 
     Armed Forces (as defined in subsection (a)(4) of such 
     section).
       (5) National service.--The term ``national service'' means 
     participation, other than military service or public service, 
     in a program that--
       (A) is designed to enhance the common good and meet the 
     needs of communities, the States, or the United States;
       (B) is funded or facilitated by--
       (i) an organization described in section 501(c)(3) of the 
     Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of such Code;
       (ii) an institution of higher education as defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001); or
       (iii) the Federal Government or a State, Tribal, or local 
     government; and
       (C) is a program--
       (i) authorized in--

       (I) the Peace Corps Act (22 U.S.C. 2501 et seq.);
       (II) section 171 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3226) relating to the YouthBuild 
     Program;
       (III) the Domestic Volunteer Service Act of 1973 (42 U.S.C. 
     4950 et seq.); or
       (IV) the National and Community Service Act of 1990 (42 
     U.S.C. 12501 et seq.); or

       (ii) determined to be another relevant program by the 
     Director of the Council on Military, National, and Public 
     Service.
       (6) Public service.--The term ``public service'' means 
     civilian employment in the Federal Government or a State, 
     Tribal, or local government.
       (7) Service.--The term ``service'' means a personal 
     commitment of time, energy, and talent to a mission that 
     contributes to the public good by protecting the Nation and 
     the citizens of the United States, strengthening communities, 
     States, or the United States, or promoting the general social 
     welfare.
       (8) State commission.--The term ``State Commission'' means 
     a State Commission on National and Community Service 
     maintained by a State pursuant to section 178 of the National 
     and Community Service Act of 1990 (42 U.S.C. 12638).
                                 ______
                                 
  SA 4234. Mrs. SHAHEEN (for herself, Ms. Collins, Mr. Warner, Mr. 
Rubio, Mr. Risch, and 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:

       Strike section 1053 and insert the following:

     SEC. 1053. ANOMALOUS HEALTH INCIDENTS.

       (a) Definitions.--In this section:
       (1) Agency coordination lead.--The term ``Agency 
     Coordination Lead'' means a senior official designated by the 
     head of a relevant agency to serve as the Anomalous Health 
     Incident Agency Coordination Lead for such agency.
       (2) Appropriate national security committees.--The term 
     ``appropriate national security committees'' means--
       (A) the Committee on Armed Services of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Select Committee on Intelligence of the Senate;
       (D) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (E) the Committee on the Judiciary of the Senate;
       (F) the Committee on Armed Services of the House of 
     Representatives;
       (G) the Committee on Foreign Affairs of the House of 
     Representatives;
       (H) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       (I) the Committee on Homeland Security of the House of 
     Representatives; and
       (J) the Committee on the Judiciary of the House of 
     Representatives.
       (3) Interagency coordinator.--The term ``Interagency 
     Coordinator'' means the Anomalous Health Incidents 
     Interagency Coordinator designated pursuant to subsection 
     (b)(1).
       (4) Relevant agencies.--The term ``relevant agencies'' 
     means--
       (A) the Department of Defense;
       (B) the Department of State;
       (C) the Office of the Director of National Intelligence;
       (D) the Department of Justice;
       (E) the Department of Homeland Security; and
       (F) other agencies and bodies designated by the Interagency 
     Coordinator.
       (b) Anomalous Health Incidents Interagency Coordinator.--
       (1) Designation.--Not later than 30 days after the date of 
     the enactment of this Act, the President shall designate an 
     appropriate senior official as the ``Anomalous Health 
     Incidents Interagency Coordinator'', who shall work through 
     the President's designated National Security process--

[[Page S7736]]

       (A) to coordinate the United States Government's response 
     to anomalous health incidents;
       (B) to coordinate among relevant agencies to ensure 
     equitable and timely access to assessment and care for 
     affected personnel, dependents, and other appropriate 
     individuals;
       (C) to ensure adequate training and education for United 
     States Government personnel; and
       (D) to ensure that information regarding anomalous health 
     incidents is efficiently shared across relevant agencies in a 
     manner that provides appropriate protections for classified, 
     sensitive, and personal information.
       (2) Designation of agency coordination leads.--
       (A) In general.--The head of each relevant agency shall 
     designate a Senate-confirmed or other appropriate senior 
     official, who shall--
       (i) serve as the Anomalous Health Incident Agency 
     Coordination Lead for the relevant agency;
       (ii) report directly to the head of the relevant agency 
     regarding activities carried out under this section;
       (iii) perform functions specific to the relevant agency, 
     consistent with the directives of the Interagency Coordinator 
     and the established interagency process;
       (iv) participate in interagency briefings to Congress 
     regarding the United States Government response to anomalous 
     health incidents; and
       (v) represent the relevant agency in meetings convened by 
     the Interagency Coordinator.
       (B) Delegation prohibited.--An Agency Coordination Lead may 
     not delegate the responsibilities described in clauses (i) 
     through (v) of subparagraph (A).
       (3) Secure reporting mechanisms.--Not later than 90 days 
     after the date of the enactment of this Act, the Interagency 
     Coordinator shall--
       (A) ensure that agencies develop a process to provide a 
     secure mechanism for personnel, their dependents, and other 
     appropriate individuals to self-report any suspected exposure 
     that could be an anomalous health incident;
       (B) ensure that agencies share all relevant data with the 
     Office of the Director of National Intelligence through 
     existing processes coordinated by the Interagency 
     Coordinator; and
       (C) in establishing the mechanism described in subparagraph 
     (A), prioritize secure information collection and handling 
     processes to protect classified, sensitive, and personal 
     information.
       (4) Briefings.--
       (A) In general.--Not later than 60 days after the date of 
     the enactment of this Act, and quarterly thereafter for the 
     following 2 years, the Agency Coordination Leads shall 
     jointly provide a briefing to the appropriate national 
     security committees regarding progress made in achieving the 
     objectives described in paragraph (1).
       (B) Elements.--The briefings required under subparagraph 
     (A) shall include--
       (i) an update on the investigation into anomalous health 
     incidents impacting United States Government personnel and 
     their family members, including technical causation and 
     suspected perpetrators;
       (ii) an update on new or persistent incidents;
       (iii) threat prevention and mitigation efforts to include 
     personnel training;
       (iv) changes to operating posture due to anomalous health 
     threats;
       (v) an update on diagnosis and treatment efforts for 
     affected individuals, including patient numbers and wait 
     times to access care;
       (vi) efforts to improve and encourage reporting of 
     incidents;
       (vii) detailed roles and responsibilities of Agency 
     Coordination Leads;
       (viii) information regarding additional authorities or 
     resources needed to support the interagency response; and
       (ix) other matters that the Interagency Coordinator or the 
     Agency Coordination Leads consider appropriate.
       (C) Unclassified briefing summary.--The Agency Coordination 
     Leads shall provide a coordinated, unclassified summary of 
     the briefings to Congress, which shall include as much 
     information as practicable without revealing classified 
     information or information that is likely to identify an 
     individual.
       (5) Retention of authority.--The appointment of the 
     Interagency Coordinator shall not deprive any Federal agency 
     of any authority to independently perform its authorized 
     functions.
       (6) Rule of construction.--Nothing in this subsection may 
     be construed to limit--
       (A) the President's authority under article II of the 
     United States Constitution; or
       (B) the provision of health care and benefits to afflicted 
     individuals, consistent with existing laws.
       (c) Development and Dissemination of Workforce Guidance.--
     The President shall direct relevant agencies to develop and 
     disseminate to their employees, not later than 30 days after 
     the date of the enactment of this Act, updated workforce 
     guidance that describes--
       (1) the threat posed by anomalous health incidents;
       (2) known defensive techniques; and
       (3) processes to self-report suspected exposure that could 
     be an anomalous health incident.
                                 ______
                                 
  SA 4235. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1237. CERTIFICATION REQUIREMENT FOR IMPOSING SANCTIONS 
                   WITH RESPECT TO MEMBERS OF QUADRILATERAL 
                   SECURITY DIALOGUE.

       Section 231 of the Countering America's Adversaries Through 
     Sanctions Act (22 U.S.C. 9525) is amended by adding at the 
     end the following:
       ``(g) Special Rule for Members of Quadrilateral Security 
     Dialogue.--
       ``(1) In general.--During the 10-year period beginning on 
     the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2022, the President may not 
     impose sanctions under this section with respect a 
     significant transaction described in subsection (a) engaged 
     in by the government of a member of the Quadrilateral 
     Security Dialogue unless, before imposing such sanctions, the 
     President certifies to the appropriate congressional 
     committees that--
       ``(A) that government is not participating in quadrilateral 
     cooperation between Australia, India, Japan, and the United 
     States on security matters that are critical to United States 
     strategic interests; or
       ``(B) the significant transaction--
       ``(i) took place after the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2022; and
       ``(ii) is not related to sustainment of a weapons system 
     purchased before such date of enactment.
       ``(2) Member of the quadrilateral security dialogue 
     defined.--In this subsection, the term `member of the 
     Quadrilateral Security Dialogue' means Australia, India, 
     Japan, or the United States.''.
                                 ______
                                 
  SA 4236. Mr. DAINES (for himself, Mr. McConnell, Mr. Burr, Mr. 
Lankford, Mrs. Hyde-Smith, Mr. Marshall, Mr. Tuberville, Mr. Cotton, 
Mr. Kennedy, Mr. Lee, Mrs. Blackburn, Mr. Johnson, Mr. Cassidy, Ms. 
Lummis, Mr. Braun, Mr. Cramer, Mr. Hoeven, Mr. Young, Mr. Toomey, Mr. 
Rubio, Ms. Ernst, Mr. Grassley, Mr. Boozman, Mr. Wicker, Mrs. Capito, 
Ms. Collins, Mr. Risch, Mr. Crapo, Mr. Hawley, Mr. Barrasso, 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 end of subtitle A of title X, add the following:

     SEC. 1004. PROHIBITION OF CASH SETTLEMENTS RESULTING FROM THE 
                   LAWFUL APPLICATION OF THE ZERO TOLERANCE POLICY 
                   FOR VIOLATIONS OF SECTION 275(A) OF THE 
                   IMMIGRATION AND NATIONALITY ACT.

       Notwithstanding any other provision of law, no Federal 
     funds may be used for settlement payments to individuals who, 
     as a result of their violation of section 275(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1325(a)), and in 
     accordance with the policy described in the memorandum of the 
     Attorney General regarding ``Zero-Tolerance for Offenses 
     Under 8 U.S.C. Sec.  1325(a)'', issued on April 6, 2018, were 
     detained by U.S. Customs and Border Protection if such 
     payments are intended to compensate such individuals for 
     being separated from family members during such detention.
                                 ______
                                 
  SA 4237. Mr. SCHATZ submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. NATIVE HAWAIIAN ORGANIZATIONS.

       (a) Competitive Thresholds.--Section 8020 of title VIII of 
     division A of the Department of Defense, Emergency 
     Supplemental Appropriations to Address Hurricanes in the Gulf 
     of Mexico, and Pandemic Influenza Act, 2006 (15 U.S.C. 637 
     note) is amended by striking

[[Page S7737]]

     ``with agencies of the Department of Defense'' and inserting 
     ``with agencies and departments of the Federal Government''.
       (b) Rulemaking.--Not later than 180 days after the date of 
     enactment of this Act, in order to carry out the amendments 
     made by subsection (a)--
       (1) the Administrator of the Small Business Administration, 
     in consultation with the Administrator for Federal 
     Procurement Policy, shall promulgate regulations; and
       (2) the Federal Acquisition Regulatory Council established 
     under section 1302(a) of title 41, United States Code, shall 
     amend the Federal Acquisition Regulation.
                                 ______
                                 
  SA 4238. 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 E of title XII, add the following:

     SEC. 1253. LIMITATION ON SECURITY ASSISTANCE AND MILITARY AND 
                   SECURITY COOPERATION WITH BURMA.

       (a) In General.--No agency or instrumentality of the United 
     States may supply any security assistance, grant permission 
     to retransfer defense articles originating in the United 
     States to, or engage in any military-to-military programs 
     with the armed forces or security forces of the Republic of 
     the Union of Myanmar (referred to in this section as 
     ``Burma''), including through training, observation, or 
     participation in regional exercises, until the date on which 
     the Secretary of Defense, in consultation with the Secretary 
     of State, certifies to the Committee on Armed Services of the 
     Senate, Committee on Foreign Relations of the Senate, the 
     Committee on Armed Services of the House of Representatives, 
     and the Committee on Foreign Affairs of the House of 
     Representatives that--
       (1) the armed forces of Burma (referred to in this section 
     as the ``Tatmadaw'') have returned control of the Government 
     of Burma to duly elected leadership;
       (2) the Government of Burma is clearly on the path to 
     civilian control over its security forces, including--
       (A) instituting constitutional reforms to relinquish 
     military participation in Government decision making;
       (B) abiding by international human rights standards; and
       (C) undertaking meaningful and significant security sector 
     reform, including transparency and accountability, to prevent 
     future abuses; and
       (3) each of the criteria described in subsection (b) have 
     been met.
       (b) Criteria.--The criteria described in this subsection 
     are--
       (1) adherence by the Tatmadaw to international humanitarian 
     law and international human rights law, including a pledge to 
     stop future human rights abuses;
       (2) support by the Tatmadaw for efforts to carry out 
     meaningful and comprehensive investigations of alleged 
     abuses, including--
       (A) taking steps to hold accountable those members of the 
     Tatmadaw who are responsible for human rights violations; and
       (B) advancing justice for survivors, including through 
     cooperating with the Independent International Fact-Finding 
     Mission on Myanmar, established by the United Nations Human 
     Rights Council in March 2017;
       (3) the Government of Burma, including the Tatmadaw--
       (A) allowing immediate and unfettered humanitarian access 
     to communities in areas affected by conflict, including 
     Rohingya communities in Rakhine State;
       (B) cooperating with the United Nations High Commissioner 
     for Refugees and organizations affiliated with the United 
     Nations to ensure--
       (i) the protection of displaced persons; and
       (ii) the safe and voluntary return of refugees and 
     internally displaced persons; and
       (C) extending recognition of human rights to all the people 
     of Rakhine State, including the Rohingya;
       (4) the cessation of Tatmadaw attacks on ethnic minority 
     groups and the constructive participation of the Tatmadaw in 
     the conclusion of a credible, nationwide cease-fire 
     agreement, political accommodation, and constitutional 
     change; and
       (5) the release of all political prisoners in Burma.
       (c) Report.--Not later than 30 days after the certification 
     under subsection (a), the Secretary of State, in coordination 
     with the Secretary of Defense, shall submit a report to the 
     congressional committees referred to in subsection (a) that 
     includes--
       (1) a description and assessment of the Government of 
     Burma's strategy for security sector reform, if applicable, 
     including governance and constitutional reforms to ensure 
     civilian control;
       (2) a description and assessment of the Government of 
     Burma's strategy and plans--
       (A) to end the involvement of the Tatmadaw in the illicit 
     trade in jade and other natural resources; and
       (B) to implement reforms to end corruption and illicit drug 
     trafficking;
       (3) a list of past military activities conducted by the 
     United States Government with the Government of Burma;
       (4) a description of the United States strategy for any 
     future military-military engagements between the United 
     States Armed Forces and the Tatmadaw, the Burma Police Force, 
     and armed ethnic groups;
       (5) an assessment of the progress of the Tatmadaw towards 
     developing a framework to implement human right reforms, 
     including steps taken by the Tatmadaw to demonstrate respect 
     for and implementation of international humanitarian law and 
     international human rights law;
       (6) an assessment of how any future engagement with the 
     Government of Burma will effectively further the protection 
     of human rights, including--
       (A) cooperation with civilian authorities to investigate 
     and prosecute cases of serious, credible, or gross human 
     rights violations; and
       (B) the elements of the military-to-military engagement 
     between the United States and Burma that promote the 
     implementation of human rights reforms;
       (7) an assessment of the progress on the peaceful 
     settlement of armed conflicts between the Government of Burma 
     and ethnic minority groups, including actions taken by the 
     Tatmadaw to adhere to cease-fire agreements and withdraw 
     forces from conflict zones;
       (8) an assessment of the Tatmadaw's recruitment and use of 
     children as soldiers; and
       (9) an assessment of the Tatmadaw's use of violence against 
     women, sexual violence, or other gender-based violence as a 
     tool of terror, war, or ethnic cleansing.
                                 ______
                                 
  SA 4239. Mr. MENENDEZ (for himself, Mr. Leahy, and Mr. Wyden) 
submitted an amendment intended to be proposed to amendment SA 3867 
submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end of title XII, add the following:

 Subtitle H--Saudi Arabia Accountability for Gross Violations of Human 
                               Rights Act

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``Saudi Arabia 
     Accountability for Gross Violations of Human Rights Act''.

     SEC. 1292. FINDINGS.

       Congress finds the following:
       (1) On October 2, 2018, Washington Post journalist Jamal 
     Khashoggi was murdered by Saudi Government agents in 
     Istanbul.
       (2) According to the United Nations Special Rapporteur's 
     June 2019 report, Mr. Khashoggi contacted the Saudi Embassy 
     in Washington regarding required documentation he needed to 
     obtain from Saudi authorities and ``was told to obtain the 
     document from the Saudi embassy in Turkey''.
       (3) According to press reports, Mr. Khashoggi's associates 
     were surveilled after having their phones infiltrated by 
     spyware.
       (4) On July 15, 2019, the House of Representatives passed 
     by a margin of 405-7 the Saudi Arabia Human Rights and 
     Accountability Act of 2019 (H.R. 2037), which required--
       (A) an unclassified report by the Director of National 
     Intelligence on parties responsible for Khashoggi's murder, a 
     requirement ultimately inserted into and passed as part of 
     the National Defense Authorization Act for Fiscal Year 2020 
     (Public Law 116-92);
       (B) visa sanctions on all persons identified in such 
     report; and
       (C) a report on human rights in Saudi Arabia.
       (5) On February 26, 2021, the Director of National 
     Intelligence released the report produced pursuant to 
     congressional direction, which stated, ``we assess that Saudi 
     Arabia's Crown Prince Muhammad bin Salman approved an 
     operation in Istanbul, Turkey to capture or kill Saudi 
     journalist Jamal Khashoggi.''. The report also identified 
     several individuals who ``participated in, ordered, or were 
     otherwise complicit in or responsible for the death of Jamal 
     Khashoggi on behalf of Muhammad bin Salman. We do not know 
     whether these individuals knew in advance that the operation 
     would result in Khashoggi's death.''.
       (6) Section 7031(c) of division K of the Consolidated 
     Appropriations Act, 2021 states ``Officials of foreign 
     governments and their immediate family members about whom the 
     Secretary of State has credible information have been 
     involved, directly or indirectly, in. . .a gross violation of 
     human rights. . . shall be ineligible for entry into the 
     United States.''.
       (7) Section 6 of the Arms Export Control Act (22 U.S.C. 
     2756) provides that no letters of offer may be issued, no 
     credits or guarantees may be extended, and no export licenses 
     may be issued with respect to any country determined by the 
     President to be engaged in a ``consistent pattern of acts of 
     intimidation or harassment directed against individuals in 
     the United States''.
       (8) Section 502B of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2304) directs the President to formulate and conduct 
     international

[[Page S7738]]

     security assistance programs of the United States in a manner 
     which will ``promote and advance human rights and avoid 
     identification of the United States, through such programs, 
     with governments which deny to their people internationally 
     recognized human rights and fundamental freedoms, in 
     violation of international law or in contravention of the 
     policy of the United States''.
       (9) Secretary of State Antony Blinken on February 26, 2021, 
     stated: ``As a matter of safety for all within our borders, 
     perpetrators targeting perceived dissidents on behalf of any 
     foreign government should not be permitted to reach American 
     soil. . . We have made absolutely clear that extraterritorial 
     threats and assaults by Saudi Arabia against activists, 
     dissidents, and journalists must end.''.

     SEC. 1293. SANCTIONS WITH RESPECT TO FOREIGN PERSONS LISTED 
                   IN THE REPORT OF THE DIRECTOR OF NATIONAL 
                   INTELLIGENCE ON THE MURDER OF JAMAL KHASHOGGI.

       (a) Imposition of Sanctions.--On and after the date that is 
     60 days after the date of the enactment of this Act, the 
     sanctions described in subsection (b) shall be imposed with 
     respect to each foreign person listed in the Office of the 
     Director of National Intelligence report titled ``Assessing 
     the Saudi Government's Role in the Killing of Jamal 
     Khashoggi'', dated February 11, 2021.
       (b) Sanctions Described.--
       (1) In general.--The sanctions described in this subsection 
     are the following:
       (A) Ineligibility for visas and admission to the united 
     states.--
       (i) Inadmissibility to the United States.
       (ii) Ineligibility to receive a visa or other documentation 
     to enter the United States.
       (iii) Ineligibility to otherwise be admitted or paroled 
     into the United States or to receive any other benefit under 
     the Immigration and Nationality Act (8 U.S.C. 110 et seq.).
       (B) Current visas revoked.--
       (i) Revocation of any visa or other entry documentation 
     regardless of when the visa or other entry documentation is 
     or was issued.
       (ii) A revocation under clause (i) shall--

       (I) take effect immediately; and
       (II) automatically cancel any other valid visa or entry 
     documentation that is in the foreign person's possession.

       (2) Exception to comply with international obligations.--
     Sanctions under paragraph (1) shall not apply with respect to 
     a foreign person if admitting or paroling the person into the 
     United States is necessary to permit the United States to 
     comply with the Agreement regarding the Headquarters of the 
     United Nations, signed at Lake Success June 26, 1947, and 
     entered into force November 21, 1947, between the United 
     Nations and the United States, or other applicable 
     international obligations.
       (3) Waiver in the interest of national security.--The 
     President may waive for an individual entry into the United 
     States the application of this section with respect to a 
     foreign person who is A-1 visa eligible and who is present in 
     or seeking admission into the United States for purposes of 
     official business if the President determines and transmits 
     to the appropriate congressional committees an unclassified 
     written notice and justification not later than 15 days 
     before the granting of such waiver, that such a waiver is in 
     the national security interests of the United States.
       (c) Suspension of Sanctions.--
       (1) In general.--The President may suspend in whole or in 
     part the imposition of sanctions otherwise required under 
     this section if the President certifies to the appropriate 
     congressional committees that the following criteria have 
     been met in Saudi Arabia:
       (A) The Government of Saudi Arabia is not arbitrarily 
     detaining citizens or legal residents of the United States 
     for arbitrary political reasons, including criticism of Saudi 
     government policies, peaceful advocacy of political beliefs, 
     or the pursuit of United States citizenship.
       (B) The Government of Saudi Arabia is cooperating in 
     outstanding criminal proceedings in the United States in 
     which a Saudi citizen or national departed from the United 
     States while the citizen or national was awaiting trial or 
     sentencing for a criminal offense committed in the United 
     States.
       (C) The Government of Saudi Arabia has made significant 
     numerical reductions in individuals detained for peaceful 
     political reasons, including activists, journalists, 
     bloggers, lawyers, or critics.
       (D) The Government of Saudi Arabia has disbanded any units 
     of its intelligence or security apparatus dedicated to the 
     forced repatriation of dissidents or critical voices in other 
     countries.
       (E) The Government of Saudi Arabia has made meaningful 
     public commitments to uphold internationally recognized 
     standards governing the use, sale, and transfer of digital 
     surveillance items and services that can be used to abuse 
     human rights.
       (F) The Government of Saudi Arabia has instituted 
     meaningful legal reforms to protect the rights of women, the 
     rights of freedom of expression and religion, and due process 
     in its judicial system.
       (2) Report.--Accompanying the certification described in 
     paragraph (1), the President shall submit to the appropriate 
     congressional committees a report that contains a detailed 
     description of Saudi Arabia's adherence to the criteria 
     described in the certification.
       (d) Definitions.--In this section:
       (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
     have the meanings given those terms in section 101 of the 
     Immigration and Nationality Act (8 U.S.C. 1101).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Affairs, the Committee on the 
     Judiciary, and the Permanent Select Committee on Intelligence 
     of the House of Representatives; and
       (B) the Committee on Foreign Relations, the Committee on 
     the Judiciary, and the Select Committee on Intelligence of 
     the Senate.
       (3) Foreign person.--The term ``foreign person'' means any 
     individual who is a citizen or national of a foreign country 
     (including any such individual who is also a citizen or 
     national of the United States).
       (4) Foreign person who is a-1 visa eligible.--The term 
     ``foreign person who is A-1 visa eligible'' means an alien 
     described in section 101(a)(15)(A)(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(A)(i)).
       (5) National.--The term ``national'', with respect to an 
     individual, has the meaning given that term in section 101 of 
     the Immigration and Nationality Act (8 U.S.C. 1101).
       (6) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity.

     SEC. 1294. REPORT ON INTIMIDATION OR HARASSMENT DIRECTED 
                   AGAINST INDIVIDUALS IN THE UNITED STATES AND 
                   OTHER MATTERS.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of State, in consultation with the Director of 
     National Intelligence and the Director of the Federal Bureau 
     of Investigation, shall submit to the appropriate 
     congressional committees a report identifying any entities, 
     instrumentalities, or agents of the Government of Saudi 
     Arabia engaged in ``a consistent pattern of acts of 
     intimidation or harassment directed against individuals in 
     the United States'' pursuant to section 6 of the Arms Export 
     Control Act (22 U.S.C. 2756).
       (b) Matters to Be Included.--The report required by 
     subsection (a) shall include the following:
       (1) A detailed description of such acts in the preceding 
     period.
       (2) A certification of whether such acts during the 
     preceding period constitute a ``consistent pattern of acts of 
     intimidation or harassment directed against individuals in 
     the United States'' pursuant to section 6 of the Arms Export 
     Control Act (22 U.S.C. 2756).
       (3) A determination of whether any United States-origin 
     defense articles were used in the commission of such acts.
       (4) A determination of whether entities, instrumentalities, 
     or agents of the Government of Saudi Arabia supported or 
     received support from foreign governments, including China, 
     in the commission of such acts.
       (5) Any actions taken by the United States Government to 
     deter incidents of intimidation or harassment directed 
     against individuals in the United States.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may contain a classified 
     annex.
       (d) Sunset.--This section shall terminate on the date that 
     is 5 years after the date of the enactment of this Act.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Permanent Select Committee on 
     Intelligence of the House of Representatives; and
       (2) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Select Committee on Intelligence of 
     the Senate.

     SEC. 1295. REPORT ON EFFORTS TO UPHOLD HUMAN RIGHTS IN UNITED 
                   STATES SECURITY ASSISTANCE PROGRAMS WITH THE 
                   GOVERNMENT OF SAUDI ARABIA.

       (a) In General.--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 
     on efforts of the Department of State to ensure that United 
     States security assistance programs with Saudi Arabia are 
     formulated in a manner that will ``avoid identification of 
     the United States, through such programs, with governments 
     which deny to their people internationally recognized human 
     rights and fundamental freedoms'' in accordance with section 
     502B of the Foreign Assistance Act (22 U.S.C. 2304).
       (b) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representative.

[[Page S7739]]

  


     SEC. 1296. REPORT ON CERTAIN ENTITIES CONNECTED TO FOREIGN 
                   PERSONS ON THE MURDER OF JAMAL KHASHOGGI.

       (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 heads of appropriate agencies, shall 
     submit to the appropriate congressional committees a report 
     on private, commercial, and nongovernmental entities, 
     including non-profit foundations, controlled in whole or in 
     part by any foreign person named in the Office of the 
     Director of National Intelligence report titled ``Assessing 
     the Saudi Government's Role in the Killing of Jamal 
     Khashoggi'', dated February 11, 2021.
       (b) Matters to Be Included.--The report required by 
     subsection (a) shall include the following:
       (1) A description of such entities.
       (2) A detailed assessment, based in part on credible open 
     sources and other publicly-available information, of the 
     roles, if any, such entities played in the murder of Jamal 
     Khashoggi or any other gross violations of internationally 
     recognized human rights.
       (3) A certification of whether any such entity is subject 
     to sanctions pursuant to the Global Magnitsky Human Rights 
     Accountability Act (22 U.S.C. 2656 note).
       (c) Form.--The report required by subsection (a) 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 Foreign Affairs and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives; and
       (2) the Committee on Foreign Relations and the Select 
     Committee on Intelligence of the Senate.
                                 ______
                                 
  SA 4240. Mr. MENENDEZ (for himself, Mr. Rubio, Mr. Merkley, and Mr. 
Coons) submitted an amendment intended to be proposed to amendment SA 
3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1253. SAFE HARBOR FOR HONG KONG REFUGEES.

       (a) Designation of Certain Residents of Hong Kong as 
     Priority 2 Refugees.--
       (1) In general.--The Secretary of State, in consultation 
     with the Secretary of Homeland Security, shall designate, as 
     Priority 2 refugees of special humanitarian concern, the 
     following categories of aliens:
       (A) Individuals who are residents of the Hong Kong Special 
     Administrative Region who suffered persecution, or have a 
     well-founded fear of persecution, on account of their 
     peaceful expression of political opinions or peaceful 
     participation in political activities or associations.
       (B) Individuals who have been formally charged, detained, 
     or convicted on account of their peaceful actions as 
     described in section 206(b)(2) of the United States-Hong Kong 
     Policy Act of 1992 (22 U.S.C. 5726).
       (C) The spouses, children, and parents (as such terms are 
     defined in subsections (a) and (b) of section 101 of the 
     Immigration and Nationality Act (8 U.S.C. 1101)) of 
     individuals described in subparagraph (A) or (B), except such 
     parents who are citizens of a country other than the People's 
     Republic of China.
       (2) Processing of hong kong refugees.--The processing of 
     individuals described in paragraph (1) for classification as 
     refugees may occur in Hong Kong or in a third country.
       (3) Eligibility for admission as refugees.--An alien may 
     not be denied the opportunity to apply for admission as a 
     refugee under this subsection primarily because such alien--
       (A) qualifies as an immediate relative of a citizen of the 
     United States; or
       (B) is eligible for admission to the United States under 
     any other immigrant classification.
       (4) Facilitation of admissions.--An applicant for admission 
     to the United States from the Hong Kong Special 
     Administrative Region may not be denied primarily on the 
     basis of a politically motivated arrest, detention, or other 
     adverse government action taken against such applicant as a 
     result of the participation by such applicant in protest 
     activities.
       (5) Exclusion from numerical limitations.--Aliens provided 
     refugee status under this subsection shall not be counted 
     against any numerical limitation under section 201, 202, 203, 
     or 207 of the Immigration and Nationality Act (8 U.S.C. 1151, 
     1152, 1153, and 1157).
       (6) Reporting requirements.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and every 90 days thereafter, the 
     Secretary of State and the Secretary of Homeland Security 
     shall submit a report regarding the matters described in 
     subparagraph (B) to--
       (i) the Committee on the Judiciary and the Committee on 
     Foreign Relations of the Senate; and
       (ii) the Committee on the Judiciary and the Committee on 
     Foreign Affairs of the House of Representatives.
       (B) Matters to be included.--Each report required under 
     subparagraph (A) shall include--
       (i) the total number of applications that are pending at 
     the end of the reporting period;
       (ii) the average wait-times for all applicants who are 
     currently pending--

       (I) employment verification;
       (II) a prescreening interview with a resettlement support 
     center;
       (III) an interview with U.S. Citizenship and Immigration 
     Services; or
       (IV) the completion of security checks; and

       (iii) the number of denials of applications for refugee 
     status, disaggregated by the reason for each such denial.
       (C) Form.--Each report required under subparagraph (A) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (D) Public reports.--The Secretary of State shall make each 
     report submitted under this paragraph available to the public 
     on the internet website of the Department of State.
       (7) Satisfaction of other requirements.--Aliens granted 
     status under this subsection as Priority 2 refugees of 
     special humanitarian concern under the refugee resettlement 
     priority system shall be considered to satisfy the 
     requirements under section 207 of the Immigration and 
     Nationality Act (8 U.S.C. 1157) for admission to the United 
     States.
       (b) Waiver of Immigrant Status Presumption.--
       (1) In general.--The presumption under the first sentence 
     of section 214(b) of the Immigration and Nationality Act (8 
     U.S.C. 1184(b)) that every alien is an immigrant until the 
     alien establishes that the alien is entitled to nonimmigrant 
     status shall not apply to an alien described in paragraph 
     (2).
       (2) Alien described.--
       (A) In general.--An alien described in this paragraph is an 
     alien who--
       (i) is a resident of the Hong Kong Special Administrative 
     Region on February 8, 2021;
       (ii) is seeking entry to the United States to apply for 
     asylum under section 208 of the Immigration and Nationality 
     Act (8 U.S.C. 1158); and
       (iii)(I) had a leadership role in civil society 
     organizations supportive of the protests in 2019 and 2020 
     relating to the Hong Kong extradition bill and the 
     encroachment on the autonomy of Hong Kong by the People's 
     Republic of China;
       (II) had an organizing role for such protests;
       (III) acted as a first aid responder for such protests;
       (IV) suffered harm while covering such protests as a 
     journalist;
       (V) provided paid or pro-bono legal services to 1 or more 
     individuals arrested for participating in such protests; or
       (VI) during the period beginning on June 9, 2019, and 
     ending on February 8, 2021, was formally charged, detained, 
     or convicted for his or her participation in such protests.
       (B) Exclusion.--An alien described in this paragraph does 
     not include any alien who is a citizen of a country other 
     than the People's Republic of China.
       (c) Refugee and Asylum Determinations Under the Immigration 
     and Nationality Act.--
       (1) Persecution on account of political opinion.--
       (A) In general.--For purposes of refugee determinations 
     under section 207 of the Immigration and Nationality Act (8 
     U.S.C. 1157), an individual whose citizenship, nationality, 
     or residency is revoked for having submitted to any United 
     States Government agency a nonfrivolous application for 
     refugee status, asylum, or any other immigration benefit 
     under the immigration laws (as defined in section 101(a) of 
     such Act (8 U.S.C. 1101(a))) shall be considered to have 
     suffered persecution on account of political opinion.
       (B) Nationals of the people's republic of china.--For 
     purposes of refugee determinations under section 207 of the 
     Immigration and Nationality Act (8 U.S.C. 1157), a national 
     of the People's Republic of China whose residency in the Hong 
     Kong Special Administrative Region, or any other area within 
     the jurisdiction of the People's Republic of China, as 
     determined by the Secretary of State, is revoked for having 
     submitted to any United States Government agency a 
     nonfrivolous application for refugee status, asylum, or any 
     other immigration benefit under the immigration laws shall be 
     considered to have suffered persecution on account of 
     political opinion.
       (2) Changed circumstances.--For purposes of asylum 
     determinations under section 208 of the Immigration and 
     Nationality Act (8 U.S.C. 1158), the revocation of the 
     citizenship, nationality, or residency of an individual for 
     having submitted to any United States Government agency a 
     nonfrivolous application for refugee status, asylum, or any 
     other immigration benefit under the immigration laws shall be 
     considered to be a changed circumstance under subsection 
     (a)(2)(D) of such section.
       (d) Statement of Policy on Encouraging Allies and Partners 
     to Make Similar Accommodations.--It is the policy of the 
     United States to encourage allies and partners of the United 
     States to make accommodations similar to the accommodations 
     made under this Act for residents of the

[[Page S7740]]

     Hong Kong Special Administrative Region who are fleeing 
     oppression by the Government of the People's Republic of 
     China.
       (e) Termination.--This section shall cease to have effect 
     on the date that is 5 years after the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 4241. 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--Combating International Cybercrime

     SEC. 1291. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Financial Services of the House of 
     Representatives.
       (2) Critical infrastructure.--The term ``critical 
     infrastructure'' means systems and assets, whether physical 
     or virtual, that are so vital to the United States that the 
     incapacity or destruction of such systems or assets would 
     have a debilitating impact on the security, economic 
     security, public health, or safety of the United States.
       (3) Cybercrime group.--The term ``cybercrime group'' means 
     any group practicing, or which has significant subgroups 
     which practice, international cybercrime.
       (4) International cybercrime.--The term ``international 
     cybercrime'' means unlawful activities involving citizens, 
     territory, or infrastructure of at least 1 country that is 
     intended--
       (A) to disrupt the confidentiality, integrity, or 
     availability of information systems for financial gain or in 
     order to economically benefit a third party;
       (B) to damage, delete, deteriorate, alter, or suppress 
     information systems; or
       (C) to distribute credentials, access codes, or similar 
     data.
       (5) Major cybercrime incident.--The term ``major cybercrime 
     incident'' means an act of cybercrime, or a series of such 
     acts, that--
       (A) results in the death of, or bodily injury to, 1 or more 
     United States citizens;
       (B) results in economic loss to United States persons in 
     excess of--
       (i) $5,000,000 in any single act of cybercrime; or
       (ii) $50,000,000 in a series of acts of cybercrime; or
       (C) materially disrupts United States critical 
     infrastructure.
       (6) State sponsor of international cybercrime..--The term 
     ``state sponsor of international cybercrime'' means a 
     country, the government of which systematically--
       (A) commits international cybercrime;
       (B) supports, facilitates, encourages, or expressly 
     consents to international cybercrime by third parties, 
     including contractors, proxies, and affiliates; or
       (C) fails to take reasonable steps to detect, investigate, 
     or address cybercrime occurring within its territory or 
     through the use of its infrastructure.

     SEC. 1292. FINDINGS.

       Congress finds the following:
       (1) Information and communication technologies underpin the 
     prosperity and national security of the United States. 
     However, the widespread use of these technologies also poses 
     serious risks. In particular, cybercrime (criminal activity 
     using digital means) presents an acute and growing threat to 
     the economic, strategic, and security interests of the United 
     States and its allies and partners.
       (2) Cybercriminals cause massive harm. According to 
     National Institute of Standards and Technology estimates, in 
     2016, United States businesses lost between $167,900,000,000 
     and $770,000,000,000 to cybercrime, corresponding to between 
     0.9 percent and 4.1 percent of the total United States gross 
     domestic product that year. The related risk and harm to 
     public health and safety is incalculable and can only be 
     expected to grow as digital technologies become more 
     intertwined in daily life.
       (3) Using a wide variety of tactics, cybercriminals--
       (A) steal United States intellectual property and sensitive 
     personal information;
       (B) defraud United States businesses and citizens; and
       (C) disrupt infrastructure critical to Americans' health 
     and safety.
       (4) The use of ransomware (malicious software that encrypts 
     and thereby prevents access to data) until a ransom, often 
     costing millions of dollars, is paid is a an especially 
     destructive form of cybercrime.
       (5) In 2021, ransomware groups--
       (A) crippled or endangered some of the United States' most 
     critical infrastructure, including water utilities, 
     hospitals, meat packing plants, and a critical fuel pipeline; 
     and
       (B) extracted hundreds of millions of dollars in ransom 
     from United States businesses and their insurers.
       (6) United States allies and partners have also suffered 
     major losses from cybercrime. Recent ransomware victims 
     include Swedish supermarkets, Ireland's national health 
     service, a leading European insurer, and a major German 
     chemical manufacturer.
       (7) The Council of Europe's Convention on Cybercrime, done 
     at Budapest November 23, 2001, states, ``an effective fight 
     against cybercrime requires increased, rapid and well-
     functioning international cooperation in criminal matters'' 
     and requires parties to outlaw digital fraud, digital 
     forgery, intellectual property theft through digital means, 
     and offenses against confidentiality, integrity, and 
     availability of computer data and systems, among other 
     misconduct.
       (8) In July 2021, the United Nations Group of Governmental 
     Experts on Advancing responsible State behavior in 
     cyberspace, which includes experts from the United States, 
     Russia, and China, issued a report stating that countries are 
     expected to ``take all appropriate and reasonably available 
     and feasible steps to detect, investigate and address'' known 
     cybercriminal activity emanating from within their borders.
       (9) Certain nations, including China, Russia, Iran, and 
     North Korea, ignore, facilitate, or directly participate in 
     cybercrime as a matter of national policy.
       (10) Russia is a global haven for cybercriminals, including 
     ransomware groups responsible for attacks on fuel pipelines, 
     meat packing plants, and supermarkets in the United States 
     and in Europe in 2021. These gangs operate freely and with 
     the Kremlin's tacit approval. By allowing cybercriminals to 
     operate with impunity, Russia threatens international 
     stability, undermines international institutions, and 
     disregards international norms.
       (11) The People's Republic of China uses cybercrime--
       (A) to undermine United States' interests; and
       (B) to victimize United States' businesses and government 
     agencies.
       (12) In July 2021, Secretary of State Blinken stated, ``The 
     PRC's Ministry of State Security (MSS) has fostered an 
     ecosystem of criminal contract hackers who carry out both 
     state-sponsored activities and cybercrime for their own 
     financial gain. ... These contract hackers cost governments 
     and business billions of dollars in stolen intellectual 
     property, ransom payments, and cybersecurity mitigation 
     efforts, all while the MSS has them on its payroll.''.
       (13) Cybercrime is central to North Korea's geopolitical 
     strategy, helping the Kim Jong Un regime maintain its grip on 
     power and providing essential resources for the country's 
     nuclear weapons program.
       (14) In February 2021, the Department of Justice indicted 3 
     North Korean military intelligence agents for a ``wide-
     ranging criminal conspiracy to conduct a series of 
     destructive cyberattacks, to steal and extort more than $1.3 
     billion of money and cryptocurrency from financial 
     institutions and companies, to create and deploy multiple 
     malicious cryptocurrency applications, and to develop and 
     fraudulently market a blockchain platform.''.
       (15) North Korean hackers are responsible for many of the 
     most brazen cybercrime campaigns, including--
       (A) the 2017 WannaCry global ransomware incident;
       (B) the 2014 cyberattack on Sony Pictures; and
       (C) the attempted theft of nearly $1,000,000,000 from the 
     Central Bank of Bangladesh in 2016.
       (16) The Iranian regime is a prolific sponsor of 
     cybercrime. Hackers linked to Iran's Islamic Revolutionary 
     Guard Corps target businesses, academic institutions, and 
     research organizations around the world.
       (17) In 2018, the Department of Justice indicted 9 Iranians 
     for a coordinated campaign of cyber intrusions into computer 
     systems belonging to 144 United States universities, 176 
     universities across 21 foreign countries, 47 domestic and 
     foreign private sector companies, the Department of Labor, 
     the Federal Energy Regulatory Commission, the State of 
     Hawaii, the State of Indiana, the United Nations, and the 
     United Nations Children's Fund.

     SEC. 1293. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) all nations must take reasonable steps to stop 
     cybercriminal activities from taking place within their 
     territories or through their infrastructure;
       (2) governments that tolerate, facilitate, or participate 
     in cybercrime threaten the economic and national security of 
     the United States, United States allies and partners, and the 
     international community; and
       (3) the rising threat of international cybercrime requires 
     a robust, coordinated response from the United States 
     Government, United States allies and partners, and the 
     private sector--
       (A) to prevent and counter international cybercriminal 
     activity; and
       (B) to impose significant and tangible costs on 
     cybercriminal groups and on governments that tolerate, 
     facilitate, or participate in cybercrime.

     SEC. 1294. STATEMENT OF POLICY.

       It shall be the policy of the United States--

[[Page S7741]]

       (1) to prioritize efforts to counter international 
     cybercrime in United States diplomatic, national security, 
     and law enforcement activities related to cybersecurity and 
     information communication technology;
       (2) to cooperate with United States allies and partners to 
     develop and implement strategies, policies, and institutions 
     to address international cybercrime, including joint law 
     enforcement efforts and efforts to develop effective 
     international law and norms related to cybercrime control; 
     and
       (3) to identify and impose tangible costs on foreign 
     governments that enable or engage in international 
     cybercrime.

     SEC. 1295. DESIGNATION OF STATE SPONSORS OF INTERNATIONAL 
                   CYBERCRIME.

       (a) Identifying State Sponsors of International 
     Cybercrime.--
       (1) List of state sponsors of international cybercrime.--
     Not later than 1 year after the date of the enactment of this 
     Act, and not less frequently than annually thereafter, the 
     Secretary of State shall--
       (A) compile, or update, a list of countries that the 
     Secretary has identified as state sponsors of international 
     cybercrime; and
       (B) make such list publicly available by publishing the 
     list in the Federal Register and through other appropriate 
     means.
       (2) Consultation.--In identifying state sponsors of 
     international cybercrime pursuant to paragraph (1), the 
     Secretary of State shall consult with the Attorney General, 
     the Secretary of Homeland Security, the Director of National 
     Intelligence, the Director of the Central Intelligence 
     Agency, and the heads of other appropriate Federal agencies, 
     and, to the extent the Secretary deems appropriate, officials 
     of governments of countries that are allies or key partners 
     of the United States.
       (3) Removal from list.--The identification by the Secretary 
     that a country is a state sponsor of international cybercrime 
     may not be rescinded after such country is included on the 
     list described in paragraph (1)(A) unless the President 
     submits to the Committee on Foreign Relations of the Senate, 
     the Committee on Banking, Housing, and Urban Affairs of the 
     Senate, the Committee on Foreign Affairs of the House of 
     Representatives, and the Committee on Financial Services of 
     the House of Representatives--
       (A) before the proposed rescission would take effect, a 
     report certifying that--
       (i) there has been a fundamental change in the leadership 
     and policies of the government of such country;
       (ii) such government is not a state sponsor of 
     international cybercrime; and
       (iii) such government has provided assurances that it will 
     not engage in conduct in the future that would make such 
     country a state sponsor of international cybercrime; or
       (B) not later than 45 days before the proposed rescission 
     would take effect, a report justifying the rescission and 
     certifying that--
       (i) the government of such country has not been a state 
     sponsor of international cybercrime at any time during the 
     preceding 18-month period; and
       (ii) such government has provided assurances to the United 
     States that the government will not engage in conduct in the 
     future that would make such country a state sponsor of 
     international cybercrime.
       (4) Prohibition of removal.--A rescission under paragraph 
     (3) may not be made if Congress, not later than 45 days after 
     receiving a report from the President under such paragraph, 
     enacts a joint resolution stating, after the resolving 
     clause, the following: ``That the proposed rescission of the 
     identification of _____ as a state sponsor of international 
     cybercrime, pursuant to the report submitted by the President 
     to Congress on ___ is hereby prohibited.'', with the first 
     blank filled in with the name of the applicable country and 
     the second blank filled in with the appropriate date.
       (b) Restriction on Exports to State Sponsors of 
     International Cybercrime.--Section 1754 of the Export 
     Controls Act of 2018 (50 U.S.C. 4813) is amended--
       (1) by redesignating subsections (d), (e), and (f) as 
     subsections (e), (f), and (g), respectively;
       (2) by inserting after subsection (c) the following:
       ``(d) State Sponsors of International Cybercrime.--
       ``(1) Commerce license requirement.--A license shall be 
     required for the export, reexport, or in-country transfer of 
     items, the control of which is implemented pursuant to 
     subsection (a) by the Secretary, to a country if--
       ``(A) at the time of the proposed export, reexport, or in-
     country transfer of items, such country is identified as a 
     state sponsor of international cybercrime on the list 
     compiled or updated pursuant to section 1295(a)(1) of the 
     National Defense Authorization Act for Fiscal Year 2021; and
       ``(B) the Secretary of State determines that the export, 
     reexport, or in-country transfer of such items could 
     materially enhance the ability of such country, or 
     individuals or entities operating from its territory through 
     its infrastructure, to commit, cause, or facilitate 
     international cybercrime.
       ``(2) Notification to congress.--The Secretary of State 
     shall include in the notification required under subparagraph 
     (A)--
       ``(A) a detailed description of the items to be offered, 
     including a brief description of the capabilities of any item 
     for which a license to export, reexport, or in-country 
     transfer the items is sought;
       ``(B) the reasons why the foreign country, person, or 
     entity to which the export, reexport, or in-country transfer 
     is proposed to be made has requested the items under the 
     export, reexport, or in-country transfer, and a description 
     of the manner in which such country, person, or entity 
     intends to use such items;
       ``(C) the reasons why the proposed export, reexport, or in-
     country transfer is in the national interest of the United 
     States;
       ``(D) an assessment of the ways in which the items proposed 
     to be exported, reexported, or transferred in-country could 
     be used for international cybercrime, and the likelihood that 
     the items would be so used; and
       ``(E) an assessment of the potential harm to the United 
     States or its allies if the items proposed to be exported, 
     reexported, or transferred in-country were used for 
     cybercrime.'';
       (3) in subsection (f), as redesignated, by striking 
     ``subsection (d)'' each place such term appears and inserting 
     ``subsection (e)''; and
       (4) in subsection (g), as redesignated, by striking 
     ``subsection (d)'' each place such term appears and inserting 
     ``subsection (e)''; and
       (c) Restrictions on Munitions Sales to State Sponsors of 
     International Cybercrime.--Section 40 of the Arms Export 
     Control Act (22 U.S.C. 2780) is amended--
       (1) in the section heading, by adding at the end the 
     following: ``or acts of international cybercrime''; and
       (2) by amending subsection (d) to read as follows:
       ``(d) State Sponsors of International Terrorism or 
     International Cybercrime.--The prohibitions contained in this 
     section apply with respect to a country if--
       ``(1) the Secretary of State determines that the government 
     of such country has repeatedly provided support for acts of 
     international terrorism, including any activity that the 
     Secretary determines willfully aids or abets--
       ``(A) the international proliferation of nuclear explosive 
     devices to an individual or group;
       ``(B) an individual or group in acquiring unsafeguarded 
     special nuclear material; or
       ``(C) the efforts of an individual or group to use, 
     develop, produce, stockpile, or otherwise acquire chemical, 
     biological, or radiological weapons; or
       ``(2) at the time the transaction is proposed, such country 
     is identified as a state sponsor of international cybercrime 
     on the list compiled or updated pursuant to section 
     1295(a)(1) of the National Defense Authorization Act for 
     Fiscal Year 2021.''.
       (d) Restriction on Foreign Assistance to State Sponsors of 
     International Cybercrime.--Section 620A(a) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2371(a)) is amended to read 
     as follows:
       ``(a) Prohibition.--The United States shall not provide any 
     assistance under this chapter, the Food Peace Act [7 U.S.C. 
     1691 et seq.], the Peace Corps Act [22 U.S.C. 2501 et seq.], 
     or the Export-Import Bank Act of 1945 [12 U.S.C. 635 et seq.] 
     to any country if--
       ``(1) the Secretary of State determines that the government 
     of such country has repeatedly provided support for acts of 
     international terrorism; or
       ``(2) at the time the assistance is proposed to be 
     provided, such country is identified as a state sponsor of 
     international cybercrime on the list compiled or updated 
     pursuant to section 1295(a)(1) of the National Defense 
     Authorization Act for Fiscal Year 2021.''.
       (e) Annual Country Report on International Cybercrime.--
       (1) In general.--Not later than April 30 of each year, the 
     Secretary of State, in consultation with the Attorney 
     General, the Secretary of Homeland Security, the Director of 
     National Intelligence, and the Director of the Central 
     Intelligence Agency, shall submit a full and complete report 
     to the Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     that includes--
       (A) detailed assessments with respect to--
       (i) each foreign country that, at the time of such 
     submission, is identified as a state sponsor of international 
     cybercrime on the list compiled or updated pursuant to 
     subsection (a)(1);
       (ii) any other foreign country that is materially involved 
     or implicated in international cybercrime;
       (B) all relevant information about the activities during 
     the preceding year of any cybercrime group, and any umbrella 
     organization under which such group falls, which was 
     responsible for a major cybercrime incident during the 5-year 
     period immediately preceding such submission;
       (C) with respect to each foreign country from which the 
     United States Government has sought cooperation during such 
     5-year period in the investigation or prosecution of a major 
     cybercrime incident--
       (i) the extent to which the government of the foreign 
     country is cooperating with the United States Government in 
     apprehending, convicting, and punishing the individual or 
     individuals responsible for such incident; and
       (ii) the extent to which the government of the foreign 
     country is cooperating in preventing further acts of 
     international cybercrime against the United States; and
       (D) with respect to each foreign country from which the 
     United States Government has sought cooperation during the 
     previous 5 years in the prevention or disruption of activity 
     that could lead to a major cybercrime

[[Page S7742]]

     incident, the information described in paragraph (3)(B).
       (2) Additional provisions.--In addition to the information 
     described in paragraph (1), the report required under such 
     paragraph shall describe--
       (A) with respect to paragraph (1)(A)--
       (i) direct involvement in international cybercrime, if any, 
     of each country that is the subject of such report;
       (ii) significant support for international cybercrime, if 
     any, by each country that is the subject of such report, 
     including--

       (I) political and financial support;
       (II) technical assistance;
       (III) the use of state infrastructure or personnel;
       (IV) protection from detection, prosecution, or 
     extradition, whether by action or inaction; and
       (V) intelligence;

       (iii) the extent of knowledge by the government of each 
     country that is the subject of such report with respect to 
     international cybercrime occurring within its territory or 
     through the use of its infrastructure;
       (iv) the efforts of each country that is the subject of 
     such report to detect, investigate, and address international 
     cybercrime occurring within its territory or through the use 
     of its infrastructure, including, as appropriate, steps taken 
     in cooperation with the United States or in international 
     fora;
       (v) the positions (including voting records) on matters 
     relating to cybercrime in the General Assembly of the United 
     Nations and other international bodies and fora of each 
     country that is the subject of such report;
       (vi) the response of the judicial system of each country 
     that is the subject of such report with respect to matters--

       (I) relating to international cybercrime affecting United 
     States citizens or interests; or
       (II) that have, in the opinion of the Secretary, a 
     significant impact on United States efforts relating to 
     international cybercrime, including responses to extradition 
     requests; and

       (B)(i) any significant direct financial support provided 
     to, or support for the activities of, groups or organizations 
     referred to in paragraph (1)(B) by the government of each 
     country that is the subject of such report;
       (ii) any significant training, equipment, or other in-kind 
     support to such groups or organizations by such governments; 
     and
       (iii) sanctuary from prosecution given by any such 
     government to the members of such groups or organizations who 
     are responsible for the commission, attempt, or planning of a 
     major cybercrime incident;
       (C) to the extent practicable, complete statistical 
     information regarding the economic, security, and health and 
     safety impacts of international cybercrime on the United 
     States; and
       (D) an analysis, as appropriate, of trends in international 
     cybercrime, including changes in tactics, techniques, and 
     procedures, demographic information on cybercriminals, and 
     other appropriate information.
       (3) Classification of report.--
       (A) In general.--Except as provided in subparagraph (B), 
     the report required under paragraph (1), to the extent 
     practicable--
       (i) shall be submitted in an unclassified form; and
       (ii) may be accompanied by a classified annex.
       (B) Exception.--If the Secretary of State determines that 
     the submission of the information with respect to a foreign 
     country under subparagraph (C) or (D) of paragraph (1) in 
     classified form would make more likely the cooperation of the 
     government of such foreign country, the Secretary may submit 
     such information in classified form.

     SEC. 1296. IMPOSITION OF SANCTIONS WITH RESPECT TO MAJOR 
                   CYBERCRIME INCIDENTS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and not less frequently than 
     annually thereafter, the President shall--
       (1) identify each foreign person that the President 
     determines--
       (A) knowingly engages in activities responsible for, or 
     intended to cause, a major cybercrime incident;
       (B) is owned or controlled by, or acts or purports to act 
     for or on behalf of, directly or indirectly, a person 
     described in subparagraph (A); or
       (C) knowingly materially assists, sponsors, or provides 
     financial, material, or technological support for, or goods 
     or services in support of--
       (i) an activity described in subparagraph (A); or
       (ii) a person described in subparagraph (A) or (B), the 
     property and interests in property of which are blocked 
     pursuant to this section;
       (2) except as provided under subsection (d), impose the 
     sanctions described in subsection (b) with respect to each 
     individual identified under paragraph (1); and
       (3) except as provided under subsection (d), impose 5 or 
     more of the sanctions described in subsection (c) with 
     respect to each entity identified under paragraph (1).
       (b) Applicable Sanctions.--The sanctions referred to in 
     subsection (a)(2) are the following:
       (1) Blocking of property.--The President shall exercise all 
     of the powers granted to the President under the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.) to the extent necessary to block and prohibit all 
     transactions in all property and interests in property of any 
     individual identified under subsection (a)(1) if such 
     property or interests in property--
       (A) are in the United States;
       (B) come within the United States; or
       (C) come within the possession or control of a United 
     States person.
       (2) Ineligibility for visas, admission, or parole.--
       (A) Visas, admission, or parole.--Any alien identified 
     under subsection (a)(1)--
       (i) is inadmissible to the United States;
       (ii) is ineligible to receive a visa or other documentation 
     to enter the United States; and
       (iii) is ineligible to be admitted or paroled into the 
     United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--The visa or other entry document issued to 
     any alien identified under subsection (a)(1) is subject to 
     revocation regardless of when such visa or document was 
     issued.
       (ii) Immediate effect.--The revocation of an alien's visa 
     or other entry document pursuant to clause (i)--

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

       (c) Additional Sanctions.--The sanctions referred to in 
     subsection (a)(3) are the following:
       (1) Export-import bank assistance for export to sanctioned 
     persons.--The President may direct the Export-Import Bank of 
     the United States not to approve the issuance of any 
     guarantee, insurance, extension of credit, or participation 
     in the extension of credit, or participation in the extension 
     of credit in connection with the export goods or services to 
     any entity identified under subsection (a)(1).
       (2) Export sanction.--The President may order the United 
     States Government not to issue any specific license, and not 
     to grant any other specific permission or authority to export 
     any goods or technology, to any entity identified under 
     subsection (a)(1) under--
       (A) the Export Control Reform Act of 2018 (50 U.S.C. 4801 
     et seq.);
       (B) the Arms Export Control Act (22 U.S.C. 2751 et seq.);
       (C) the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.); 
     or
       (D) any other statute that requires the prior review and 
     approval of the United States Government as a condition for 
     the export or reexport of goods or services.
       (3) Loans from united states financial institutions.--The 
     President may prohibit any United States financial 
     institution from making loans or providing credits to an 
     entity identified under subsection (a)(1) that totals more 
     than $10,000,000 in any 12-month period unless--
       (A) such entity is engaged in activities to relieve human 
     suffering; and
       (B) such loans or credits are specifically provided for 
     such activities.
       (4) Loans from international financial institutions.--The 
     President may direct the United States executive director to 
     each international financial institution to use the voice and 
     vote of the United States to oppose any loan from the 
     international financial institution that would benefit an 
     entity identified under subsection (a)(1).
       (5) Prohibitions for financial institutions.--The following 
     prohibitions may be imposed against any entity identified 
     under subsection (a)(1) that is a financial institution:
       (A) Prohibition on designation as primary dealer.--Neither 
     the Board of Governors of the Federal Reserve System nor the 
     Federal Reserve Bank of New York may designate, or permit the 
     continuation of any prior designation of, such entity as a 
     primary dealer in United States government debt instruments.
       (B) Prohibition on service as a repository of government 
     funds.--Such entity may not serve as agent of the United 
     States Government or serve as repository for United States 
     Government funds.
       (C) Treatment of sanctions.--For purposes of subsection 
     (a)(3)--
       (i) the imposition of a sanction under subparagraph (A) or 
     (B) shall be treated as 1 sanction; and
       (ii) the imposition of both sanctions under subparagraphs 
     (A) and (B) shall be treated as 2 sanctions.
       (6) Procurement sanction.--The United States Government may 
     not procure, or enter into any contract for the procurement 
     of, any goods or services from any entity identified under 
     subsection (a)(1).
       (7) Foreign exchange.--Pursuant to such regulations as the 
     President may prescribe, the President may prohibit any 
     transactions in foreign exchange that are subject to the 
     jurisdiction of the United States and in which any entity 
     identified under subsection (a)(1) has any interest.
       (8) Banking transactions.--Pursuant to such regulations as 
     the President may prescribe, the President may prohibit any 
     transfers of credit or payments between financial 
     institutions or by, through, or to any financial institution, 
     to the extent that such transfers or payments are subject to 
     the jurisdiction of the United States and involve any 
     interest of an entity identified under subsection (a)(1).

[[Page S7743]]

       (9) Property transactions.--Pursuant to such regulations as 
     the President may prescribe, the President may prohibit any 
     person from--
       (A) acquiring, holding, withholding, using, transferring, 
     withdrawing, transporting, or exporting any property that is 
     subject to the jurisdiction of the United States and with 
     respect to which any entity identified under subsection 
     (a)(1) has any interest;
       (B) dealing in or exercising any right, power, or privilege 
     with respect to such property; or
       (C) conducting any transaction involving such property.
       (10) Ban on investment in equity or debt of sanctioned 
     person.--Pursuant to such regulations or guidelines as the 
     President may prescribe, the President may prohibit any 
     United States person from investing in or purchasing 
     significant amounts of equity or debt instruments of any 
     entity identified under subsection (a)(1).
       (11) Exclusion of corporate officers.--The President may 
     direct the Secretary of State to deny a visa to, and the 
     Secretary of Homeland Security to exclude from the United 
     States, any alien that the President determines is a 
     corporate officer or principal of, or a shareholder with a 
     controlling interest in, any entity identified under 
     subsection (a)(1).
       (12) Sanctions on principal executive officers.--The 
     President may impose on the principal executive officer or 
     officers of any entity identified under subsection (a)(1), or 
     on persons performing similar functions and with similar 
     authorities as such officer or officers with respect to such 
     entity, any of the sanctions under this subsection.
       (d) National Security Waiver.--The President may waive the 
     imposition of sanctions under this section with respect to a 
     foreign person, if the President--
       (1) determines that such a waiver is in the national 
     security interests of the United States; and
       (2) not more than 15 days after issuing such waiver, 
     submits to the appropriate congressional committees a 
     notification of the waiver and the reasons for the waiver.
                                 ______
                                 
  SA 4242. 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 XII, insert the 
     following:

     SEC. ___. REPORT BY SECRETARY OF STATE ON FOREIGN 
                   MERCENARIES.

       (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 Director of National Intelligence and 
     the Secretary of Defense, shall submit to the appropriate 
     congressional committees a report on the extent to which 
     foreign mercenaries are being used by countries to train, 
     equip, advise, participate in, or conduct military, security, 
     police, or intelligence-gathering activities and operations.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) A description and evaluation of the use of foreign 
     mercenaries, by country.
       (2) A detailed description and evaluation of each such 
     country's justification for the use of foreign mercenaries.
       (3) The extent to which such foreign mercenaries are 
     directly or indirectly sponsored or directed by the 
     governments of their countries of origin.
       (4) A description of any standards, laws, policies, or 
     regulations that apply to the behavior of such mercenaries, 
     including whether any judicial proceedings have been 
     conducted against such mercenaries within the prior two 
     years.
       (5) An estimate of the number of United States citizens 
     engaged in or suspected to be engaged in mercenary activities 
     and operations, including the number of such citizens who 
     have received an export license by the Department of State to 
     engage in such activities or operations, disaggregated by 
     foreign country in which such activities or operations have 
     been authorized, including a description of any 
     investigations that the Department has initiated or 
     participated in concerning such citizens or any other United 
     States citizen who has not received such an export license.
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified and unredacted form, and not 
     subject to any additional restriction on public 
     dissemination, to the maximum extent feasible, but may 
     include a classified, unredacted annex.
       (d) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Select Committee on Intelligence of 
     the Senate; and
       (B) the Committee on Foreign Affairs, the Committees on 
     Armed Services, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) Mercenary.--The term ``mercenary'' means a person who--
       (A) is not, as of the date on which the report required 
     under subsection (a) is submitted, a member of the military, 
     the security forces, or any law enforcement agency of the 
     government of the country of which the person is a national; 
     and
       (B) is engaged in any military-, security-, or 
     intelligence-related activity in a country of which such 
     person is not a national and is not licensed or contracted 
     for such activity by the Government of the United States.
                                 ______
                                 
  SA 4243. 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 E of title XII, add the following:

     SEC. 1253. ESTABLISHMENT OF JOINT INTERAGENCY TASK FORCE ON 
                   USE OF GRAY-ZONE TACTICS IN THE INDO-PACIFIC 
                   MARITIME DOMAIN.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     establish a joint interagency task force to assess, respond 
     to, and coordinate with United States allies and partners in 
     response to the use of gray-zone tactics by state and 
     nonstate actors in the Indo-Pacific maritime domain.
       (b) Activities.--The task force established under 
     subsection (a) shall--
       (1) conduct domain awareness operations, intelligence 
     fusion, and multi-sensor correlation to detect, monitor, 
     disrupt, and deter suspected gray-zone activities;
       (2) promote security cooperation and capacity building to 
     respond to, disrupt, and deter gray-zone activities; and
       (3) coordinate United States and partner country 
     initiatives, including across diplomatic, political, 
     economic, and military domains, to counter the use of gray-
     zone tactics by adversaries.
                                 ______
                                 
  SA 4244. 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. SECURITY IMPLICATIONS OF THE COUP IN SUDAN ON 
                   UNITED STATES SECURITY INTERESTS.

       (a) Report.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Secretary of State and the Director of 
     National Intelligence, shall submit to the appropriate 
     committees of Congress a report on the coup in Sudan on 
     October 25, 2021.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) An assessment of the security implications of such coup 
     for United States security interests in the Horn of Africa.
       (B) An identification of any country that supported such 
     coup.
       (3) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form but may contain a classified 
     annex.
       (b) Prohibition on Assistance.--
       (1) In general.--Amounts authorized to be appropriated by 
     this Act, or any other Act, may not be obligated or expended 
     to provide assistance to the Government of Sudan until the 
     date on which the certification described in paragraph (2) is 
     made.
       (2) Certification described.--The certification described 
     in this paragraph is a certification by the Secretary of 
     State to the appropriate committees of Congress that the 
     following criteria have been met:
       (A) The Prime Minister of Sudan, other civilian members of 
     the Sovereign Council of Sudan, members of civil society, and 
     other individuals detained in connection with the coup in 
     Sudan on October 25, 2021, have been released from detention.
       (B) Sudan has returned to constitutional rule under the 
     transitional constitution.
       (C) The state of emergency in Sudan has been lifted, 
     including the full restoration of all means of communication.
       (D) The military forces of Sudan, including the rapid 
     support forces, have been ordered to return to their 
     barracks.
       (c) Sanctions.--The President shall immediately identify 
     the leaders of the coup in Sudan on October 25, 2021, their 
     accomplices, and foreign and United States persons that the 
     President determines enabled the coup for the imposition of 
     sanctions pursuant to applicable sanctions laws.
       (d) Opposition to Support by International Financial 
     Institutions.--The Secretary of the Treasury shall use the 
     voice

[[Page S7744]]

     and vote of the United States in the international financial 
     institutions (as defined in section 1701(c) of the 
     International Financial Institutions Act (22 U.S.C. 262r(c))) 
     to suspend all actions by those institutions related to loans 
     or debt relief to Sudan until the Secretary of State submits 
     the certification described in subsection (b)(2).
       (e) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Select Committee on Intelligence 
     of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Permanent Select Committee on 
     Intelligence of the House of Representative.
                                 ______
                                 
  SA 4245. Mr. CRAPO (for himself and Mr. Risch) submitted an amendment 
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and 
intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to 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 I, add the following:

     SEC. 150. REPORT TO CONGRESS ON AIR FORCE CAPABILITIES 
                   ASSOCIATED WITH OPERATING IN A GPS-DEGRADED 
                   ENVIRONMENT.

       (a) Report Required.--Not later than March 31, 2022, the 
     Assistant Secretary of the Air Force for Acquisition, 
     Technology, and Logistics, in coordination with the Air 
     Combat Command, shall submit to the congressional defense 
     committees a report on--
       (1) the procurement of Global Positioning System (GPS) 
     jamming technologies that are training enablers for Air Force 
     pilots to operate in a GPS-degraded environment; and
       (2) the status of near-peer competitor efforts in the area 
     of active denial of GPS capabilities.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An explanation of how narrow-beam directional GPS 
     jamming technology is a training enabler to pilots operating 
     in GPS-degraded environments.
       (2) The level of investment made by the Air Force in the 
     area of GPS jamming technology for training in GPS-degraded 
     environments.
       (3) A five-year plan, executable under the Program 
     Objective Memorandum of the Air Force for fiscal year 2022, 
     that will significantly advance the capabilities of the Air 
     Force to train pilots in GPS-degraded environments.
       (4) Recommendations for additional research and development 
     of GPS jamming technologies that will enable development of 
     Air Force capabilities and training in GPS-degraded 
     environments, including systems that--
       (A) can incorporate GPS jamming technology components that 
     the Air Force has already invested in;
       (B) leverage commercial-off-the-shelf technology to the 
     fullest extent possible;
       (C) use multiple sensors with a command and control that 
     fuses tracks;
       (D) possess automatic tracking capabilities that enable the 
     targeting of individual aircraft with a steerable GPS jamming 
     beam;
       (E) possess airspace deconfliction capabilities organic to 
     the command and control to ensure the safety of civilian or 
     other military aircraft; and
       (F) are highly mobile and capable of being rapidly deployed 
     to remote operational environment areas with minimal organic 
     support.
       (5) A presentation of current systems, research, 
     development, test, and evaluation of systems, procurement of 
     systems, and other activities or technologies of near-peer 
     competitors, including the People's Republic of China and the 
     Russian Federation, that are being carried out to provide the 
     capability to actively deny GPS-related technologies.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form.
                                 ______
                                 
  SA 4246. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1253. EXPORT CONTROL MEASURES RELATING TO SEMICONDUCTOR 
                   MANUFACTURING INTERNATIONAL CORPORATION AND 
                   HUAWEI TECHNOLOGIES CO., LTD.

       (a) Removal From Entity List.--The President may not remove 
     SMIC from the Entity List unless--
       (1) the President certifies to the appropriate 
     congressional committees that SMIC--
       (A) has ceased the activities that were the basis for its 
     addition to the Entity List consistent with the standards for 
     removal of an entity from the Entity List established in the 
     Export Administration Regulations;
       (B) could not reasonably be expected to--
       (i) resume activities that were the basis for its addition 
     to the Entity List;
       (ii) contribute directly or indirectly to the military or 
     intelligence efforts of a country subject to a United States 
     arms embargo; and
       (iii) directly or indirectly develop technologies that may 
     be used for violations of internationally recognized human 
     rights, including the surveillance of individuals based on 
     religious, ethnic, cultural, or political expressions or 
     affiliations; and
       (C) does not pose a threat to the national security or 
     foreign policy interests of the United States or its allies; 
     or
       (2) the President removes SMIC from the Entity List in 
     order to include SMIC on the Denied Persons List.
       (b) Revision of Licensing Regulations.--Not later than 60 
     days after the date of the enactment of this Act, the 
     Secretary of Commerce shall publish in the Federal Register a 
     final rule revising the Export Administration Regulations to 
     require that the following be subject to a presumption of 
     denial:
       (1) An application for a license or other authorization for 
     the export, re-export, or in-country transfer to SMIC of 
     items capable of supporting the development or production of 
     semiconductors at technology nodes 16 nanometers or below.
       (2) An application for a license or other authorization for 
     exports, re-exports, or in-country transfers to Huawei 
     Technologies Co., Ltd. or any of its successor entities or 
     affiliates of items capable of supporting the development or 
     production of semiconductors.
       (c) Report Required.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of Commerce shall submit to the appropriate 
     congressional committees a report on applications for 
     licenses for the export, reexport, or in-country transfer of 
     items to SMIC that were issued, denied, or returned without 
     action during the year preceding submission of the report.
       (2) Matters to be included.--For each application for a 
     license described in subparagraph (A), the report required by 
     that subparagraph (A) shall include--
       (A) an identification of the items to which the application 
     is related;
       (B) a description of the end-uses of the items;
       (C) a description of the capabilities of the items;
       (D) the quantity and value of the items;
       (E) the identities of the entities seeking the license; and
       (F) if the application was approved, a statement of how the 
     approval of the license is consistent with the national 
     security and foreign policy interests of the United States.
       (d) Definitions.--In this section:
       (1) Affiliate.--The term ``affiliate'', with respect to an 
     entity, means any other entity that owns or controls, is 
     owned or controlled by, or is under common ownership or 
     control with, the entity.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs 
     and the Select Committee on Intelligence of the Senate; and
       (B) the Committee on Foreign Affairs of the House of 
     Representatives and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (3) Denied persons list.--The term ``Denied Persons List'' 
     means the list maintained by the Bureau of Industry and 
     Security of the Department of Commerce and pursuant to 
     section 764.3(a)(2) of the Export Administration Regulations.
       (4) Entity list.--The term ``Entity List'' means the list 
     maintained by the Bureau of Industry and Security of the 
     Department of Commerce and set forth in Supplement No. 4 to 
     part 744 of the Export Administration Regulations.
       (5) Export; export administration regulations; in-country 
     transfer; items; reexport.--The terms ``export'', ``Export 
     Administration Regulations'', ``in-country transfer'', 
     ``items'', and ``reexport'' have the meanings given those 
     terms in section 1742 of the Export Control Reform Act of 
     2018 (50 U.S.C. 4801).
       (6) SMIC.--The term ``SMIC'' means the Semiconductor 
     Manufacturing International Corporation and any of its 
     successor entities or affiliates.
                                 ______
                                 
  SA 4247. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

[[Page S7745]]

  


     SEC. ___. ESTABLISHMENT OF OFFICE OF INTELLIGENCE IN 
                   DEPARTMENT OF AGRICULTURE.

       (a) Establishment.--
       (1) In general.--Subtitle A of the Department of 
     Agriculture Reorganization Act of 1994 (7 U.S.C. 6912 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 224B. OFFICE OF INTELLIGENCE.

       ``(a) Establishment.--There is established in the 
     Department an Office of Intelligence. The Office shall be 
     under the National Intelligence Program.
       ``(b) Director.--
       ``(1) In general.--The Office shall be headed by the 
     Director of the Office of Intelligence, who shall be an 
     employee in the Senior Executive Service and who shall be 
     appointed by the Secretary. The Director shall report 
     directly to the Secretary.
       ``(2) Qualifications.--The Secretary shall select an 
     individual to serve as the Director from among individuals 
     who have significant experience serving in the intelligence 
     community.
       ``(3) Staff.--The Director may appoint and fix the 
     compensation of such staff as the Director considers 
     appropriate, except that the Director may not appoint more 
     than 5 full-time equivalent positions at an annual rate of 
     pay equal to or greater than the maximum rate of basic pay 
     for GS-15 of the General Schedule.
       ``(4) Detail of personnel of intelligence community.--Upon 
     the request of the Director, the head of an element of the 
     intelligence community may detail any of the personnel of 
     such element to assist the Office in carrying out its duties. 
     Any personnel detailed to assist the Office shall not be 
     taken into account in determining the number of full-time 
     equivalent positions of the Office under paragraph (3).
       ``(c) Duties.--The Office shall carry out the following 
     duties:
       ``(1) The Office shall be responsible for leveraging the 
     capabilities of the intelligence community and National 
     Laboratories intelligence-related research, to ensure that 
     the Secretary is fully informed of threats by foreign actors 
     to United States agriculture.
       ``(2) The Office shall focus on understanding foreign 
     efforts to--
       ``(A) steal United States agriculture knowledge and 
     technology; and
       ``(B) develop or implement biological warfare attacks, 
     cyber or clandestine operations, or other means of sabotaging 
     and disrupting United States agriculture.
       ``(3) The Office shall prepare, conduct, and facilitate 
     intelligence briefings for the Secretary and appropriate 
     officials of the Department.
       ``(4) The Office shall operate as the liaison between the 
     Secretary and the intelligence community, with the authority 
     to request intelligence collection and analysis on matters 
     related to United States agriculture.
       ``(5) The Office shall collaborate with the intelligence 
     community to downgrade intelligence assessments for broader 
     dissemination within the Department.
       ``(6) The Office shall facilitate sharing information on 
     foreign activities related to agriculture, as acquired by the 
     Department with the intelligence community.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Office $970,000 for fiscal year 
     2022.
       ``(e) Definitions.--In this section, the following 
     definitions apply:
       ``(1) The term `Director' means the Director of the Office 
     of Intelligence appointed under subsection (b).
       ``(2) The terms `intelligence community' and `National 
     Intelligence Program' have the meaning given such terms in 
     section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003).
       ``(3) The term `Office' means the Office of Intelligence of 
     the Department established under subsection (a).''.
       (2) Conforming amendments.--
       (A) Subtitle A of the Department of Agriculture 
     Reorganization Act of 1994 is amended by redesignating the 
     first section 225 (relating to Food Access Liaison) (7 U.S.C. 
     6925) as section 224A.
       (B) Section 296(b) of the Department of Agriculture 
     Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended by 
     adding at the end the following:
       ``(11) The authority of the Secretary to carry out section 
     224B.''.
       (b) Conforming Amendments Relating to Existing Functions 
     and Authorities.--
       (1) Existing functions of office of homeland security of 
     department relating to intelligence on threats to food and 
     agriculture critical infrastructure sector.--
       (A) In general.--Section 221(d) of the Department of 
     Agriculture Reorganization Act (7 U.S.C. 6922(d)) is 
     amended--
       (i) by striking paragraphs (4) and (5); and
       (ii) by redesignating paragraphs (6) through (8) as 
     paragraphs (4) through (6), respectively.
       (B) Transfer of related personnel and assets of office of 
     homeland security.--The functions which the Office of 
     Homeland Security of the Department of Agriculture exercised 
     under paragraphs (4) and (5) of section 221(d) of the 
     Department of Agriculture Reorganization Act of 1994 (7 
     U.S.C. 6922(d)) before the effective date of this paragraph, 
     together with the funds, assets, and other resources used by 
     the Director of the Office of Homeland Security of the 
     Department of Agriculture to carry out such functions before 
     the effective date of this paragraph, are transferred to the 
     Director of the Office of Intelligence of the Department of 
     Agriculture.
       (2) Carrying out interagency exchange program for defense 
     of food and agriculture critical infrastructure sector.--
     Section 221(e) of the Department of Agriculture 
     Reorganization Act (7 U.S.C. 6922(e)) is amended by adding at 
     the end the following new paragraph:
       ``(3) Authority of director of office of intelligence and 
     counterintelligence.--The Secretary shall carry out this 
     subsection acting through the Director of the Office of 
     Intelligence of the Department.''.
       (3) Coordinating with intelligence community on potential 
     threats to agriculture.--Section 335(a)(3) of the Public 
     Health Security and Bioterrorism Preparedness and Response 
     Act of 2002 (7 U.S.C. 3354(a)(3)) is amended by striking 
     ``strengthen coordination'' and inserting ``acting through 
     the Director of the Office of Intelligence in the Department 
     of Agriculture, strengthen coordination''.
       (4) Effective date.--This subsection and the amendments 
     made by this subsection shall take effect upon the 
     appointment of the Director of the Office of Intelligence in 
     the Department of Agriculture under section 224B(b) of the 
     Department of Agriculture Reorganization Act of 1994 (as 
     added by subsection (a)(1)).
                                 ______
                                 
  SA 4248. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. REAUTHORIZATION OF SBIR AND STTR PROGRAMS.

       (a) SBIR.--Section 9(m) of the Small Business Act (15 
     U.S.C. 638(m)) is amended by striking ``September 30, 2022'' 
     and inserting ``September 30, 2027''.
       (b) STTR.--Section 9(n)(1)(A) of the Small Business Act (15 
     U.S.C. 638(n)(1)(A)) is amended by striking ``2022'' and 
     inserting ``2027''.
       (c) Pilot Program.--Section 9(gg)(7) of the Small Business 
     Act (15 U.S.C. 638(gg)(7)) is amended by striking ``2022'' 
     and inserting ``2027'',
                                 ______
                                 
  SA 4249. Ms. DUCKWORTH (for herself and Ms. Ernst) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1224. ASSESSMENT OF THE COUNTER-UNMANNED AERIAL SYSTEMS 
                   (UAS) CAPABILITY OF PARTNER FORCES IN IRAQ.

       (a) In General.--Not later than March 1, 2022, the 
     Secretary of Defense shall submit to the congressional 
     defense committees an assessment of--
       (1) the current state of counter-UAS capability of partner 
     forces in Iraq, including in the Iraqi Kurdistan Region; and
       (2) its implications for the security of United States and 
     partner forces in the region against UAS attack.
       (b) Elements.--The assessment required by subsection (a) 
     shall include descriptions of--
       (1) the current level of counter-UAS training and equipment 
     available to partner forces in Iraq, including in the Iraqi 
     Kurdistan Region;
       (2) the type of additional training and equipment needed to 
     maximize the level of counter-UAS capability of partner 
     forces in Iraq, including in the Iraqi Kurdistan Region;
       (3) the availability of additional training and equipment 
     required to maximize partner forces' counter-UAS capability;
       (4) an assessment of the current and anticipated threat 
     from UAS systems to Iraqi and coalition security forces to 
     determine the appropriate level of requirements for counter-
     UAS systems and training; and
       (5) any other matters the Secretary of Defense determines 
     appropriate.
                                 ______
                                 
  SA 4250. Mr. WHITEHOUSE (for himself and Mr. Toomey) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal

[[Page S7746]]

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. INCLUSION OF PORTUGAL AMONG FOREIGN STATES WHOSE 
                   NATIONALS ARE ELIGIBLE FOR E VISAS.

       (a) Short Titles.--This section may be cited as the 
     ``Advancing Mutual Interests and Growing Our Success Act'' or 
     the ``AMIGOS Act''.
       (b) Nonimmigrant Traders and Investors.--For purposes of 
     clauses (i) and (ii) of section 101(a)(15)(E) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)), 
     Portugal shall be considered to be a foreign state described 
     in such section if the Government of Portugal provides 
     similar nonimmigrant status to nationals of the United 
     States.
                                 ______
                                 
  SA 4251. 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 F of title XII, add the following:

     SEC. 1264. REPORT ON NAGORNO KARABAKH CONFLICT.

       (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, shall submit to 
     the congressional defense committees, the Committee on 
     Foreign Affairs of the House of Representatives, and the 
     Committee on Foreign Relations of the Senate a report on the 
     2020 conflict in Nagorno Karabakh.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of the use of any United States-origin 
     equipment in the 2020 conflict in Nagorno Karabakh, including 
     any potential violations of the Arms Export Control Act (22 
     U.S.C. 2751 et seq.), sanctions laws, or other provisions of 
     United States law related to the use of United States-origin 
     parts and technology in a conflict.
       (2) An assessment of the use of white phosphorous, cluster 
     bombs, and other prohibited munitions in the conflict, 
     including an assessment of any potential violations of United 
     States or international law related to the use of such 
     munitions.
       (3) A description of the involvement of foreign actors in 
     the conflict, including a description of the military 
     activities, influence operations, and diplomatic engagement 
     by foreign countries before, during, and after the conflict, 
     and any efforts by parties to the conflict or foreign actors 
     to recruit or employ foreign fighters during the conflict.
       (4) Any other matter the Secretary of State considers 
     important.
                                 ______
                                 
  SA 4252. Mr. PADILLA submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 356. APPROPRIATION OF AMOUNTS FOR CLEANUP OF 
                   PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.

       (a) Appropriation.--There is appropriated to the Secretary 
     of Defense for operation and maintenance, out of amounts in 
     the Treasury not otherwise appropriated, $549,000,000, to be 
     used for testing and response actions relating to 
     perfluoroalkyl and polyfluoroalkyl substances.
       (b) Availability.--The amount appropriated under subsection 
     (a) shall be made available as follows:
       (1) For the Department of the Army, $100,000,000.
       (2) For the Department of the Navy, $174,000,000.
       (3) For the Department of the Air Force, $175,000,000.
       (4) For the Department of Defense for cleanup at formerly 
     used defense sites, $100,000,000.
       (c) Emergency Designation.--
       (1) In general.--The amounts appropriated under subsection 
     (a) are designated as an emergency requirement pursuant to 
     section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 
     U.S.C. 933(g)).
       (2) Designation in senate.--In the Senate, subsection (a) 
     is designated as an emergency requirement pursuant to section 
     4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 
     resolution on the budget for fiscal year 2018.
                                 ______
                                 
  SA 4253. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1516. SPACE TECHNOLOGY ADVISORY COMMITTEE.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Aviation Administration.
       (2) Application.--The term ``application'' means an 
     application, petition, or other request for a license, 
     including an application, petition, or other request to 
     transfer a license that has already been issued.
       (3) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (4) Committee.--The term ``Committee'' means the committee 
     established by subsection (b)(1).
       (5) Committee advisor.--The term ``Committee advisor'' 
     means an individual described in subsection (b)(2)(B).
       (6) Committee member.--The term ``Committee member'' means 
     an individual described in subsection(b)(2)(A).
       (7) Lead member.--The term ``lead member'' means a 
     Committee member designated under subsection (b)(4) to carry 
     out a specific duty of the Committee.
       (8) License.--The term ``license'' means a license for--
       (A) a launch site;
       (B) a launch and reentry vehicle;
       (C) a commercial spaceport;
       (D) a commercial Earth remote sensing satellite; or
       (E) commercial satellite communications.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (b) Committee to Advise Space Licensing Authorities.--
       (1) Establishment.--There is established a committee to 
     assist the Administrator, the Secretary, and the Commission 
     in conducting reviews of applications and licenses for the 
     purpose of determining whether granting the applications or 
     maintaining the licenses poses a risk to the national 
     security or law enforcement or public safety interests of the 
     United States.
       (2) Membership.--
       (A) In general.--The Committee shall be comprised of the 
     following Committee members:
       (i) The head, or a senior executive-level designee of the 
     head, of each of the following:

       (I) The Department of Defense.
       (II) The Department of Homeland Security.
       (III) The Department of Justice.
       (IV) The Office of the Director of National Intelligence.
       (V) The Federal Aviation Administration.
       (VI) The National Space Council.
       (VII) The Department of Commerce.

       (ii) The head of any other executive department of agency, 
     or any Assistant to the President, as the President considers 
     appropriate.
       (B) Advisory members.--In addition to the Committee 
     members, the following individuals shall serve as Committee 
     advisors:
       (i) The head, or a senior executive-level designee of the 
     head, of each of the following:

       (I) The Department of State.
       (II) The Office of the United States Trade Representative.
       (III) The Department of the Treasury.
       (IV) The Securities and Exchange Commission.
       (V) The Federal Communications Commission.
       (VI) The Environmental Protection Agency.
       (VII) The Department of the Interior.
       (VIII) The Office of Science and Technology Policy.
       (IX) The Federal Bureau of Investigation.

       (ii) The Assistant to the President for National Security 
     Affairs.
       (3) Chairperson.--
       (A) In general.--The Secretary of Defense shall serve as 
     the chairperson of the Committee.
       (B) Exclusive authority.--The chairperson shall have the 
     exclusive authority to act, or to authorize any other 
     Committee member to act, on behalf of the Committee, 
     including by communicating with the Administrator, the 
     Secretary, the Commission, and applicants and licensees.
       (4) Lead members.--The chairperson shall designate one or 
     more Committee members to serve as a lead member for carrying 
     out a Committee duty, consistent with the Committee member's 
     statutory authority.
       (5) Assistant secretary for space review.--
       (A) In general.--The chairperson shall establish within the 
     Office of the Under Secretary of Defense for Acquisition and 
     Sustainment the position of Assistant Secretary for Space 
     Review, which position shall be principally related to the 
     Committee, as delegated by the Secretary of Defense.
       (B) Duties.--The duties of the Assistant Secretary for 
     Space Review shall be--

[[Page S7747]]

       (i) to prioritize the organization and management of 
     Committee meetings; and
       (ii) to produce written archival records of Committee 
     actions.
       (6) Information sharing and consultation.--The chairperson 
     and each lead member shall--
       (A) keep the Committee fully informed of their respective 
     activities on behalf of the Committee; and
       (B) consult the Committee before taking any material action 
     under this section.
       (7) Duties.--
       (A) Receipt of applications and licenses.--The 
     Administrator, the Secretary, and the Commission shall refer 
     all applications and licenses to the Committee, and the 
     Committee shall receive such applications and licenses, for 
     review and determination.
       (B) Review of applications and licenses.--
       (i) In general.--The Committee shall--

       (I) conduct a review and assessment of each application and 
     license received;
       (II) with respect to each such application and license--

       (aa) submit questions or requests for information to the 
     applicant, licensee, or any other entity for purposes of the 
     assessment under item (bb);
       (bb) assess whether granting the application or maintaining 
     the license would pose a risk to the national security or law 
     enforcement or public safety interests of the United States;
       (cc) in the case of an application or a license with 
     respect to which the Committee determines such a risk exists, 
     determine whether, as applicable--
       (AA) the application should be granted or denied; or
       (BB) the license should be maintained or revoked; and
       (dd) in the case of an application or license determined to 
     pose such a risk that may be addressed through approval with 
     conditions--
       (AA) not later than 30 days after the date on which the 
     Committee receives such application or license for review, 
     propose to the Administrator, the Secretary, or the 
     Commission, as applicable, the measures necessary to address 
     the risk, and recommend that the application only be granted, 
     or the license only maintained, on the condition of 
     compliance by the applicant or licensee with such measures;
       (BB) if the Administrator, the Secretary, or the Commission 
     approves the measures proposed under subitem (AA) and grants 
     the application, or maintains the license, communicate with 
     the applicant or licensee with respect to such measures; and
       (CC) monitor compliance with such measures.
       (ii) Timeline.--Not later than 30 days after the date on 
     which the chairperson determines under subparagraph (D) that 
     the response of the applicant or licensee to any question or 
     information request is complete, the Committee shall complete 
     the review under this subparagraph.
       (iii) Notification.--The chairperson shall notify the 
     Administrator, the Secretary, or the Commission, as 
     applicable, of any application or license determined by the 
     Committee to warrant a secondary assessment.
       (C) Secondary assessment of applications and licenses.--
       (i) In general.--The Committee shall--

       (I) conduct a secondary assessment of any application or 
     license determined by the Committee to pose a risk to the 
     national security or law enforcement or public safety 
     interests of the United States that cannot be addressed 
     through standard mitigation measures; and
       (II) with respect to each such application or license--

       (aa) submit additional questions or requests for 
     information to the applicant, licensee, or any other entity 
     to determine whether there are unresolved concerns; and
       (bb) make a recommendation to the Administrator, the 
     Secretary, or the Commission, as applicable, on whether the 
     application should be denied or the license should be 
     revoked.
       (ii) Timeline.--Not later than 90 days after the date on 
     which the Committee determines that a secondary assessment 
     under this subparagraph is warranted, the Committee shall 
     complete the assessment.
       (iii) Notification.--The chairperson, in coordination with 
     the Administrator, the Secretary, and the Commission, shall 
     notify the National Security Council and the President of any 
     application or license with respect to which the Committee 
     recommends a denial or revocation.
       (D) Requests for additional information.--
       (i) In general.--Not later than 15 days after receiving a 
     response to questions or requests for additional information 
     submitted to an applicant, licensee, or any other entity 
     pursuant to an review under subparagraph (B) or a secondary 
     assessment under subparagraph (C), the Committee shall--

       (I) make a determination as to whether such response is 
     complete; and
       (II) notify the Administrator, the Secretary, or the 
     Commission, as applicable, of such determination.

       (ii) Failure to respond.--

       (I) In general.--In the case of an applicant, licensee, or 
     other entity that fails to respond to such questions or 
     requests for additional information, the Committee may make a 
     recommendation to the Administrator, the Secretary, or the 
     Commission, as applicable--

       (aa) to deny the application concerned without prejudice; 
     or
       (bb) to rescind the license concerned.

       (II) Notification.--

       (aa) Extension.--The chairperson shall notify the 
     Administrator, the Secretary, or the Commission, as 
     applicable, of any extension of the review or secondary 
     assessment period.
       (bb) Denial.--The chairperson, in coordination with the 
     Administrator, the Secretary, or the Commission, as 
     applicable, shall notify the National Security Council and 
     the President of any recommendation by the Committee to deny 
     an application or rescind a license.
       (iii) Confidentiality.--Information submitted to the 
     Committee shall not be disclosed to any individual or entity 
     outside the departments or agencies of Committee members and 
     Committee advisors, except as appropriate and consistent with 
     procedures governing the handling of classified or otherwise 
     privileged information.
       (E) Notification of no objections.--If the Committee does 
     not have a recommendation or an objection to granting an 
     application or maintaining a license, the Committee shall so 
     notify the Administrator, the Secretary, or the Commission, 
     as applicable.
       (F) Other duties.--The Committees shall conduct other 
     related duties, as the chairperson considers appropriate.
       (c) Threat Analysis.--With respect to each application and 
     license reviewed by the Committee, the Director of National 
     Intelligence, in coordination with the intelligence community 
     (as defined in section 3 of the National Security Act of 1947 
     (50 U.S.C. 3003)), shall issue a written assessment of any 
     threat to the national security interests of the United 
     States posed by granting the application or maintaining the 
     license.
                                 ______
                                 
  SA 4254. Ms. HASSAN (for herself and 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 appropriate place in title II, insert the 
     following:

     SEC. 2__. APPLICATION OF PUBLIC-PRIVATE TALENT EXCHANGE 
                   PROGRAMS IN THE DEPARTMENT OF DEFENSE TO 
                   QUANTUM INFORMATION SCIENCES AND TECHNOLOGY 
                   RESEARCH.

       In carrying out section 1599g of title 10, United States 
     Code, the Secretary of Defense may establish public-private 
     exchange programs, each with up to 10 program participants, 
     focused on private sector entities working on quantum 
     information sciences and technology research applications.

     SEC. 2__. MODIFICATION OF SCIENCE, MATHEMATICS, AND RESEARCH 
                   FOR TRANSFORMATION (SMART) DEFENSE EDUCATION 
                   PROGRAM.

       (a) In General.--Section 2192a(b) of title 10, United 
     States Code, is amended by adding at the end the following 
     new paragraphs:
       ``(4) The Secretary shall, to the degree the Secretary 
     considers practicable and appropriate, allow a person 
     receiving financial assistance under this section to delay 
     completion of the person's service obligation under this 
     section until the person has completed--
       ``(A) the terminal degree program of education that is 
     typically expected in the field the person is pursuing; or
       ``(B) a post-graduate fellowship at a non-Department 
     laboratory.
       ``(5) In employing participants during the period of 
     obligated service, the Secretary shall strive to ensure that 
     participants are compensated, to the extent practicable, at a 
     rate that is comparable to the rate of compensation for 
     employment in a similar position in the private sector.''.
       (b) Report on Quantum Science Activities Within SMART 
     Program.--Not later than three years after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report on participation and use of the program 
     under section 2192a of title 10, United States Code, as 
     amended by this subsection, with a particular focus on levels 
     of interest from students engaged in studying quantum fields.

     SEC. 2__. IMPROVEMENTS TO DEFENSE QUANTUM INFORMATION SCIENCE 
                   AND TECHNOLOGY RESEARCH AND DEVELOPMENT 
                   PROGRAM.

       (a) Fellowships.--Section 234 of the John S. McCain 
     National Defense Authorization Act for Fiscal Year 2019 
     (Public Law 115-232; 10 U.S.C. 2358 note) is amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Fellowships.--
       ``(1) Program required.--In carrying out the program 
     required by subsection (a) and subject to the availability of 
     appropriations to carry out this subsection, the Secretary 
     shall carry out a program of fellowships in quantum 
     information science and technology research and development 
     for individuals who have a graduate or post-graduate degree.

[[Page S7748]]

       ``(2) Guidelines.--The Secretary shall award fellowships 
     under the program required by paragraph (1) pursuant to 
     guidelines that the Secretary shall establish and using 
     appropriate authorities and programs available to the 
     Secretary.
       ``(3) Equal access.--In carrying out the program required 
     by paragraph (1), the Secretary shall establish procedures to 
     ensure that minority, geographically diverse, and 
     economically disadvantaged students have equal access to 
     fellowship opportunities under such program.''.
       (b) Multidisciplinary Partnerships With Universities.--Such 
     section is further amended--
       (1) by redesignating subsection (g), as redesignated by 
     subsection (a)(1), as subsection (h); and
       (2) by inserting after subsection (f), as added by 
     subsection (a)(2), the following new subsection (g):
       ``(g) Multidisciplinary Partnerships With Universities.--In 
     carrying out the program under subsection (a), the Secretary 
     of Defense may develop partnerships with universities to 
     enable students to engage in multidisciplinary courses of 
     study.''.
       (c) Comptroller General of the United States Assessment of 
     Program.--
       (1) Assessment and briefing.--Not later than 180 days after 
     the date of the enactment of this Act, the Comptroller 
     General of the United States shall--
       (A) commence an assessment of the program carried out under 
     section 234 of the John S. McCain National Defense 
     Authorization Act for Fiscal Year 2019 (Public Law 115-232; 
     10 U.S.C. 2358 note), as amended by this section, with 
     consideration of the report submitted under subsection (h) of 
     such section (as redesignated by subsection (b)(2) of this 
     section); and
       (B) provide the congressional defense committees a briefing 
     on the preliminary findings of the Comptroller General with 
     respect to such program.
       (2) Final report.--At a date agreed to by the Comptroller 
     General and the congressional defense committees at the 
     briefing provided pursuant to paragraph (1)(B), the 
     Comptroller General shall submit to the congressional defense 
     committees a final report with the findings of the 
     Comptroller General with respect to the assessment conducted 
     under paragraph (1)(A).

     SEC. 2__. IMPROVEMENTS TO NATIONAL QUANTUM INITIATIVE 
                   PROGRAM.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the execution of the National Defense Strategy is 
     critical to national security; and
       (2) the success of the National Quantum Initiative Program 
     is necessary for the Department of Defense to carry out the 
     National Defense Strategy.
       (b) Department of Defense Participation in National Quantum 
     Initiative Program.--
       (1) Consultation.--Section 234 of the John S. McCain 
     National Defense Authorization Act for Fiscal Year 2019 
     (Public Law 115-232; 10 U.S.C. 2358 note), as amended by 
     section [2__], is further amended by inserting after 
     subsection (h), as redesignated by section [2__], the 
     following new subsection:
       ``(i) Consultation.--The Secretary of Defense shall consult 
     with the Secretary of Energy, the Director of the National 
     Institute of Standards and Technology, the Director of the 
     National Science Foundation, and such other officials as the 
     Secretary of Defense considers appropriate in development of 
     efforts to conduct basic research to accelerate scientific 
     breakthroughs in quantum information science and 
     technology.''.
       (c) Additional Improvements Regarding Consultation and 
     Coordination.--
       (1) In general.--The Secretary of Energy, the Secretary of 
     Commerce acting through the Director of the National 
     Institute of Standards and Technology, the Director of the 
     National Science Foundation, and the heads of other Federal 
     agencies participating in the National Quantum Initiative 
     Program shall consult with each other and the heads of other 
     relevant Federal agencies, including the Secretary of Defense 
     and the Director of National Intelligence, to carry out the 
     goals of the National Quantum Initiative Program.
       (2) Involvement of department of defense and intelligence 
     community in national quantum initiative advisory 
     committee.--
       (A) Qualifications.--Subsection (b) of section 104 of the 
     National Quantum Initiative Act (Public Law 115-368; 15 
     U.S.C. 8814) is amended by striking ``and Federal 
     laboratories'' and inserting ``Federal laboratories, and 
     defense and intelligence researchers''.
       (B) Integration.--Such section is amended--
       (i) by redesignating subsections (e) through (g) as 
     subsection (f) through (h), respectively; and
       (ii) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Integration of Department of Defense and Intelligence 
     Community.--The Advisory Committee shall take such actions as 
     may be necessary, including by modifying policies and 
     procedures of the Advisory Committee, to ensure the full 
     integration of the Department of Defense and the intelligence 
     community (as defined in section 3 of the National Security 
     Act of 1947 (50 U.S.C. 3003)) in activities of the Advisory 
     Committee.''.
       (3) Clarification of purpose of multidisciplinary centers 
     for quantum research and education.--Section 302(c) of the 
     National Quantum Initiative Act (Public Law 115-368; 15 
     U.S.C. 8842(c)) is amended--
       (A) in paragraph (2), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(4) encouraging workforce collaboration, both with 
     private industry and among Federal entities, including 
     national defense agencies and the intelligence community (as 
     defined in section 3 of the National Security Act of 1947 (50 
     U.S.C. 3003)).''.
       (4) Coordination of national quantum information science 
     research centers.--Section 402(d) of the National Quantum 
     Initiative Act (Public Law 115-368; 15 U.S.C. 8852(d)) is 
     amended--
       (A) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (B) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) other research entities of the Federal government, 
     including research entities in the Department of Defense and 
     research entities in the intelligence community (as defined 
     in section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003));''.
       (5) National quantum coordination office, collaboration 
     when reporting to congress.--Section 102 of the National 
     Quantum Initiative Act (Public Law 115-368; 15 U.S.C. 8812) 
     is amended--
       (A) by redesignating subsection (c) as subsection (d); and
       (B) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Collaboration When Reporting to Congress.--The 
     Coordination Office shall ensure that when participants in 
     the National Quantum Initiative Program prepare and submit 
     reports to Congress that they do so in collaboration with 
     each other and as appropriate Federal civilian, defense, and 
     intelligence research entities.''.
       (6) Reporting to additional committees of congress.--
     Paragraph (2) of section 2 of such Act (15 U.S.C. 8801) is 
     amended to read as follows:
       ``(2) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means--
       ``(A) the Committee on Commerce, Science, and 
     Transportation, the Committee on Armed Services, and the 
     Select Committee on Intelligence of the Senate; and
       ``(B) the Committee on Energy and Commerce, the Committee 
     on Science, Space, and Technology, the Committee on Armed 
     Services, and the Permanent Select Committee on Intelligence 
     of the House of Representatives.''.
                                 ______
                                 
  SA 4255. 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 appropriate place, insert the following:

     SEC. ___. SUPPORT AND SERVICES FOR CRITICAL INFRASTRUCTURE.

       Section 2012 of title 10, United States Code, is amended--
       (1) in subsection (e)--
       (A) by redesignating paragraph (3) as paragraph (4); and
       (B) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) Critical infrastructure (as defined in the Critical 
     Infrastructures Protection Act of 2001 (42 U.S.C. 5195c)).''; 
     and
       (2) in subsection (f), by adding at the end the following 
     new paragraph:
       ``(5) Procedures to ensure that assistance provided to an 
     entity specified in subsection (e)(3) is provided in a manner 
     that is consistent with similar assistance provided under 
     authorities applicable to other Federal departments and 
     agencies, including the authorities of the Cybersecurity and 
     Infrastructure Agency under title XXII of the Homeland 
     Security Act of 2002 (6 U.S.C. 651 et seq.).''.
                                 ______
                                 
  SA 4256. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 376. BRIEFING ON AIR FORCE PLAN FOR CERTAIN AEROSPACE 
                   GROUND EQUIPMENT MODERNIZATION.

       Not later than March 1, 2022, the Secretary of the Air 
     Force shall provide a briefing to the Committees on Armed 
     Services of the Senate and the House of Representatives on 
     current and future plans for the replacement of aging 
     aerospace ground equipment, which shall include--
       (1) an analysis of the average yearly cost to the Air Force 
     of maintaining legacy and out-of-production air start carts;

[[Page S7749]]

       (2) a comparison of the cost of reconditioning existing 
     legacy systems compared to the cost of replacing such systems 
     with next-generation air start carts;
       (3) an analysis of the long-term maintenance and fuel 
     savings that would be realized by the Air Force if such 
     systems were upgraded to next-generation air start carts;
       (4) an analysis of the tactical and logistical benefits of 
     transitioning from current aerospace ground equipment systems 
     to modern systems; and
       (5) an overview of existing and future plans to replace 
     legacy air start carts with modern aerospace ground equipment 
     technology.
                                 ______
                                 
  SA 4257. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1516. PROHIBITION ON THE USE OF AIR FORCE PERSONNEL TO 
                   PROVIDE OPERATING SUPPORT TO SPACE FORCE 
                   INSTALLATIONS.

       (a) In General.--Subject to subsection (b), the Secretary 
     of the Air Force may not use Air Force personnel to provide 
     operating support to Space Force installations after October 
     1, 2024.
       (b) Waiver.--The Secretary may waive the application of 
     subsection (a) on a case-by-case basis if the Secretary 
     certifies to the congressional defense committees that only 
     Air Force personnel are capable of providing the specific 
     support necessary.
                                 ______
                                 
  SA 4258. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1__. REQUIREMENT FOR OPERATIONAL USE OF F135 ENGINES.

       (a) In General.--The Secretary of the Defense may not 
     change inspection criteria limits for the F135 engine to 
     allow cracks in fan blades until submittal of the report 
     under subsection (b).
       (b) Analysis and Report.--
       (1) In general.--The Secretary of Defense shall enter into 
     a contract with a federally funded research and development 
     center to provide an independent analysis of and report on 
     the following:
       (A) The risk associated with expanding limits on cracked 
     blades or other vulnerabilities to F135 engine operations.
       (B) Mitigation of risk associated with expanding such 
     limits.
       (C) Alternative courses of action to increase on wing time 
     for the engine.
       (D) Other topics as the Secretary considers appropriate.
       (2) Submittal to congress.--Not later than June 1, 2022, 
     the Secretary shall submit to the congressional defense 
     committees the report described in paragraph (1).
                                 ______
                                 
  SA 4259. Mr. LUJAN (for himself, Mr. Crapo, Mr. Kelly, Mr. Heinrich, 
Ms. Rosen, Ms. Cortez Masto, and Mr. Bennet) submitted an amendment 
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and 
intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 3157. IDENTIFICATION OF STATES IN FINDINGS, PURPOSE, AND 
                   APOLOGY RELATING TO FALLOUT EMITTED DURING THE 
                   GOVERNMENT'S ATMOSPHERIC NUCLEAR TESTS.

       Section 2(a)(1) of the Radiation Exposure Compensation Act 
     (Public Law 101-426; 42 U.S.C. 2210 note) is amended by 
     inserting ``, including individuals in New Mexico, Idaho, 
     Colorado, Arizona, Utah, Texas, Wyoming, Oregon, Washington, 
     South Dakota, North Dakota, Nevada, Montana, Guam, and the 
     Northern Mariana Islands,'' after ``tests exposed 
     individuals''.''
                                 ______
                                 
  SA 4260. Mr. LUJAN (for himself, Mr. Crapo, Mr. Kelly, Mr. Heinrich, 
Ms. Rosen, Ms. Cortez Masto, and Mr. Bennet) submitted an amendment 
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and 
intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. EXTENSION OF FUND.

       Section 3(d) of the Radiation Exposure Compensation Act 
     (Public Law 101-426; 42 U.S.C. 2210 note)is amended--
       (1) by striking the first sentence and inserting ``The Fund 
     shall terminate 2 years after the date of enactment of the 
     National Defense Authorization Act for Fiscal Year 2022.''; 
     and
       (2) by striking ``22-year'' and inserting ``2-year''.
                                 ______
                                 
  SA 4261. Mr. TESTER (for himself, Mr. Grassley, Mr. Booker, Mr. 
Daines, and Mr. Rounds) submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. OFFICE OF THE SPECIAL INVESTIGATOR FOR COMPETITION 
                   MATTERS.

       The Packers and Stockyards Act, 1921, is amended by 
     inserting after section 210 (7 U.S.C. 197c) the following:

     ``SEC. 211. OFFICE OF THE SPECIAL INVESTIGATOR FOR 
                   COMPETITION MATTERS.

       ``(a) Establishment.--There is established within the 
     Packers and Stockyards Division of the Department of 
     Agriculture an office, to be known as the `Office of the 
     Special Investigator for Competition Matters' (referred to in 
     this section as the `Office').
       ``(b) Special Investigator for Competition Matters.--The 
     Office shall be headed by the Special Investigator for 
     Competition Matters (referred to in this section as the 
     `Special Investigator'), who shall be appointed by the 
     Secretary.
       ``(c) Duties.--The Special Investigator shall--
       ``(1) use all available tools, including subpoenas, to 
     investigate and prosecute violations of this Act by packers;
       ``(2) serve as a Department of Agriculture liaison to, and 
     act in consultation with, the Department of Justice and the 
     Federal Trade Commission with respect to competition and 
     trade practices in the food and agricultural sector;
       ``(3) act in consultation with the Department of Homeland 
     Security with respect to national security and critical 
     infrastructure security in the food and agricultural sector; 
     and
       ``(4) maintain a staff of attorneys and other professionals 
     with appropriate expertise.
       ``(d) Prosecutorial Authority.--Notwithstanding title 28, 
     United States Code, the Special Investigator shall have the 
     authority to bring any civil or administrative action 
     authorized under this Act against a packer.''.
                                 ______
                                 
  SA 4262. Mr. MURPHY submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1064. GLOBAL COVID-19 VACCINE DISTRIBUTION AND DELIVERY.

       (a) Accelerating Global COVID-19 Vaccine Distribution 
     Strategy.--The Secretary of State, in consultation with the 
     Secretary of Defense, the Secretary of Health and Human 
     Services, the Administrator of the United States Agency for 
     International Development, the Director of the Centers for 
     Disease Control and Prevention, the Chief Executive Officer 
     of the United States International Development Finance 
     Corporation, and the heads of other relevant Federal 
     departments and agencies, as determined by the President, 
     shall develop a strategy to expand access to, and accelerate 
     the global distribution of, COVID-19 vaccines to other 
     countries.
       (b) Contents.--The strategy developed pursuant to 
     subsection (a) shall--
       (1) describe how the United States Government will ensure 
     the efficient delivery and

[[Page S7750]]

     administration of COVID-19 vaccines to United States citizens 
     residing overseas, including through the donation of vaccine 
     doses to United States embassies, consulates, and 
     international Department of Defense Outside Contiguous United 
     States sites, as appropriate; and
       (2) give priority for COVID-19 vaccine deliveries to--
       (A) countries in which United States citizens are deemed 
     ineligible or low priority in the national vaccination 
     deployment plan; and
       (B) countries that are not presently distributing a COVID-
     19 vaccine that--
       (i) has been approved by the United States Food and Drug 
     Administration for emergency use; or
       (ii) has met the necessary criteria for safety and efficacy 
     established by the World Health Organization.
       (c) Submission of Strategy.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary of State 
     shall submit the strategy developed pursuant to subsection 
     (a) to--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Armed Services of the Senate;
       (3) the Committee on Appropriations of the Senate;
       (4) the Committee on Health, Education, Labor, and Pensions 
     of the Senate;
       (5) the Committee on Foreign Affairs of the House of 
     Representatives;
       (6) the Committee on Armed Services of the House of 
     Representatives;
       (7) the Committee on Appropriations of the House of 
     Representatives; and
       (8) the Committee on Energy and Commerce of the House of 
     Representatives.
                                 ______
                                 
  SA 4263. Mr. MURPHY (for himself and Mr. Lee) submitted an amendment 
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and 
intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1283. LIMITATION ON AUTHORIZATIONS FOR THE INTRODUCTION 
                   OF ARMED FORCES INTO HOSTILITIES.

       Section 5 of the War Powers Resolution (50 U.S.C. 1544) is 
     amended by adding at the end the following new subsection:
       ``(d) Any specific authorization for the introduction of 
     United States Armed Forces enacted by Congress in accordance 
     with subsection (b) shall terminate not later than 2 years 
     after the date of such enactment.''.
                                 ______
                                 
  SA 4264. Mr. MURPHY (for himself and Mr. Lee) submitted an amendment 
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and 
intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1283. AMENDMENT OF WAR POWERS RESOLUTION REGARDING 
                   AUTHORIZATION AND TERMINATION OF ACTIVITIES 
                   RELATING TO HOSTILITIES.

       (a) Authorization of Activities.--Section 4 of the War 
     Powers Resolution (50 U.S.C. 1543) is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) into hostilities or a situation where there is a 
     serious risk of hostilities either because of the need to 
     repel a sudden attack upon the United States, its territories 
     or possessions, its armed forces, or other United States 
     citizens overseas or because the concrete, specific, and 
     immediate threat of such a sudden attack, and the time 
     required to provide Congress with a briefing necessary to 
     inform a vote to obtain prior authorization from Congress 
     within 72 hours would prevent an effective defense against 
     the attack or threat of immediate attack;'';
       (B) in the matter following paragraph (3)--
       (i) by redesignating subparagraphs (A), (B), and (C), as 
     clauses (i), (ii), and (iii), respectively, and moving such 
     clauses (as so redesignated) 2 ems to the right; and
       (ii) by striking ``shall'' and inserting the following: 
     ``shall--''
       ``(A) with respect to paragraph (1)--
       ``(i) within 48 hours, inform Congress of the President's 
     decision, describe the action taken, the justification for 
     proceeding without prior authorization, and certify either 
     that hostilities have concluded or that they are continuing; 
     and
       ``(ii) not later than 7 calendar days after such 
     introduction, submit to Congress a hostilities report and 
     request for specific statutory authorization except in cases 
     where a certification is submitted to Congress that the 
     President--

       ``(I) has withdrawn, removed, and otherwise ceased the use 
     of United States Armed Forces from the situation that 
     triggered this requirement; and
       ``(II) does not intend to reintroduce such forces; and

       ``(B) with respect to paragraphs (2) and (3),''; and
       (2) by adding at the end the following subsection:
       ``(d) Definition of Hostilities Report.--In this joint 
     resolution, the term `hostilities report' means a written 
     report that sets forth the following information:
       ``(1) The circumstances necessitating the introduction of 
     United States Armed Forces into hostilities or a situation 
     where there is a serious risk of hostilities, or retaining 
     them in a location where hostilities or the serious risk of 
     hostilities has developed.
       ``(2) The estimated cost of such operations.
       ``(3) The specific legislative and constitutional authority 
     for such action.
       ``(4) Any international law implication related to such 
     action if applicable.
       ``(5) The estimated scope and duration of United States 
     Armed Forces' participation in hostilities, including an 
     accounting of the personnel and weapons to be deployed.
       ``(6) The foreign country (or countries) in which the 
     operations or deployment of United States Armed Forces are to 
     occur or are ongoing.
       ``(7) A description of their mission and the mission 
     objectives that would indicate the mission is complete.
       ``(8) Any foreign partner force or multilateral 
     organization that may be involved in the operations.
       ``(9) The name of the specific foreign country (or 
     countries) or organized armed group (or groups) against which 
     the use of force is authorized.
       ``(10) The risk to United States Armed Forces or other 
     United States persons or property involved in the operations.
       ``(11) Any other information as may be required to fully 
     inform Congress.''.
       (b) Hostilities Report; Termination of Activities.--Section 
     5 of the War Powers Resolution (50 U.S.C. 1544) is amended--
       (1) in subsection (a), by striking ``report'' each place it 
     appears and inserting ``hostilities report''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) If Congress does not enact a specific statutory 
     authorization for United States Armed Forces to engage in 
     hostilities in response to a request in accordance with 
     section 4(a) within 20 days after the introduction of United 
     States Armed Forces into hostilities or a situation where 
     there is a serious risk of hostilities, the President shall 
     withdraw, remove, and otherwise cease the use of United 
     States Armed Forces. This 20-day period shall be extended for 
     not more than an additional 10 days if the President 
     determines, certifies, and justifies to Congress in writing 
     that unavoidable military necessity involving the safety of 
     the forces requires the continued use of the forces for the 
     sole purpose of bringing about their safe removal from 
     hostilities.''.
                                 ______
                                 
  SA 4265. Mr. MURPHY (for himself and Mr. Lee) submitted an amendment 
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and 
intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1283. AMENDMENT OF WAR POWERS RESOLUTION TO DEFINE 
                   CERTAIN TERMS.

       (a) Section 4 of the War Powers Resolution (50 U.S.C. 1543) 
     is amended--
       (1) in subsection (a), by striking ``in which the United 
     States Armed Forces are introduced'' and inserting ``of the 
     introduction of United States Armed Forces''; and
       (2) in subsection (c)--
       (A) by striking ``United States Armed Forces are 
     introduced'' and inserting ``the introduction of United 
     States Armed Forces''; and
       (B) by inserting ``occurs'' after ``section''.
       (b) Section 8 of the War Powers Resolution (50 U.S.C. 1547) 
     is amended by striking subsection (c) and inserting the 
     following:
       ``(c) Definitions.--In this joint resolution:
       ``(1) Introduction of united states armed forces; introduce 
     united states armed forces.--The terms `introduction of 
     United States Armed Forces' and `introduce United States 
     Armed Forces' mean--
       ``(A) with respect to hostilities or a situation where 
     there is a serious risk of hostilities, any commitment, 
     engagement, or other involvement of United States Armed 
     Forces, whether or not constituting self-defense measures by 
     United States Armed Forces in response to an attack or 
     serious risk of an attack in any foreign country (including 
     the airspace, cyberspace, or territorial waters of such 
     country) or otherwise outside the United States and whether 
     or not United States forces are present or operating remotely 
     launched, piloted, or directed attacks; or
       ``(B) the assigning or detailing of members of United 
     States Armed Forces to command,

[[Page S7751]]

     advise, assist, accompany, coordinate, or provide logistical 
     or material support or training for any foreign regular or 
     irregular military forces if--
       ``(i) those foreign forces are involved in hostilities; and
       ``(ii) such activities by United States forces make the 
     United States a party to a conflict or are more likely than 
     not to do so.
       ``(2) Substantially enlarge.--
       ``(A) In general.--The term `substantially enlarge' means, 
     for any 2 year period, an increase of the number of United 
     States Armed Forces that causes the total number of forces in 
     a foreign country to exceed the lowest number of forces in 
     that country during that period by 25 percent or more, or any 
     increase of 1,000 or more forces.
       ``(B) Special rule.--Temporary duty and rotational forces 
     shall be included in the number of United States Armed Forces 
     for the purposes of subparagraph (A).''.
                                 ______
                                 
  SA 4266. Mr. MURPHY (for himself and Mr. Lee) submitted an amendment 
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and 
intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1283. AMENDMENT OF REPORTING REQUIREMENTS FOR THE 
                   INTRODUCTION OF ARMED FORCES INTO HOSTILITIES.

       Section 4 of the War Powers Resolution (50 U.S.C. 1543) is 
     amended--
       (1) in the matter following subsection (a)(3) by striking 
     subparagraphs (A) through (C) and inserting the following:
       ``(A) the circumstances necessitating the introduction of 
     United States Armed Forces into hostilities or a situation 
     where there is a serious risk of hostilities, or retaining 
     them in a location where hostilities or the serious risk of 
     hostilities has developed;
       ``(B) the estimated cost of such action;
       ``(C) the specific legislative and constitutional authority 
     for such action;
       ``(D) any international law implication related to such 
     action if applicable;
       ``(E) the estimated scope and duration of United States 
     Armed Forces' participation in hostilities, including an 
     accounting of the personnel and weapons to be deployed;
       ``(F) the foreign country (or countries) in which the 
     operations or deployment of United States Armed Forces are to 
     occur or are ongoing;
       ``(G) a description of their mission and the mission 
     objectives that would indicate the mission is complete;
       ``(H) any foreign partner force or multilateral 
     organization that may be involved in the operations;
       ``(I) the name of the specific foreign country (or 
     countries) or organized armed group (or groups) against which 
     the use of force is authorized;
       ``(J) the risk to United States Armed Forces or other 
     United States persons or property involved in the operations; 
     and
       ``(K) any other information as may be required to fully 
     inform Congress of such action.''; and
       (2) by adding at the end the following new subsection:
       ``(d) In this joint resolution, the term `hostilities' 
     means any situation involving any use of lethal or 
     potentially lethal force by or against United States Armed 
     Forces (or for purposes of assigning or detailing of members 
     of United States Armed Forces to command, advise, assist, 
     accompany, coordinate, or provide logistical or material 
     support or training for any foreign regular or irregular 
     military forces), irrespective of the domain, whether such 
     force is deployed remotely, or the intermittency thereof. The 
     term does not include activities undertaken pursuant to 
     section 503 of the National Security Act of 1947 (50 U.S.C. 
     3093) if such action is intended to have exclusively non-
     lethal effects.''.
                                 ______
                                 
  SA 4267. Mr. MURPHY submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1064. AUTHORIZATION FOR UNITED STATES PARTICIPATION IN 
                   THE COALITION FOR EPIDEMIC PREPAREDNESS 
                   INNOVATIONS.

       (a) In General.--The United States is authorized to 
     participate in the Coalition for Epidemic Preparedness 
     Innovations (referred to in this section as ``CEPI'') as a 
     Member of the Investors Council.
       (b) Investors Council and Board of Directors.--
       (1) Initial designation.--The President shall designate an 
     employee of the United States Agency for International 
     Development--
       (A) to represent the United States on the Investors 
     Council; and
       (B) if such employee is nominated to the Board of Directors 
     of CEPI, to represent the United States on the Board of 
     Directors during the period beginning on the date of such 
     designation and ending on September 30, 2022.
       (2) Ongoing designations.--The President may designate an 
     employee of the relevant Federal department or agency with 
     fiduciary responsibility for United States contributions to 
     CEPI--
       (A) to represent the United States on the Investors 
     Council; and
       (B) if such employee is nominated to the Board of Directors 
     of CEPI, to represent the United States on the Board of 
     Directors.
       (3) Qualifications.--Any employee designated pursuant to 
     paragraph (1) or (2) shall have demonstrated knowledge and 
     experience in the fields of development and public health, 
     epidemiology, or medicine from the Federal department or 
     agency with primary fiduciary responsibility for United 
     States contributions under subsection (c).
       (c) Consultation.--Not later than 60 days after the date of 
     the enactment of this Act, the employee designated pursuant 
     to subsection (b)(1) shall consult with the appropriate 
     congressional committees regarding--
       (1) the manner and extent to which the United States plans 
     to participate in CEPI, including through the governance of 
     CEPI;
       (2) any planned financial contributions to CEPI from the 
     United States; and
       (3) how participation in CEPI is expected to support--
       (A) the United States Government Global Health Security 
     Strategy;
       (B) the applicable revision of the National Biodefense 
     Strategy required under section 1086 of the National Defense 
     Authorization Act for Fiscal Year 2017 (6 U.S.C. 104); and
       (C) any other relevant programs relating to global health 
     security and biodefense.
       (d) United States Contributions.--
       (1) Sense of congress.--It is the sense of Congress that 
     the President, consistent with section 10003(a)(1) of the 
     American Rescue Plan Act of 2021, should immediately make a 
     $300,000,000 contribution to CEPI to expand the research and 
     development of vaccines to combat the spread of COVID-19 
     variants.
       (2) Notification.--Not later than 15 days before a 
     contribution is made available pursuant to paragraph (1), the 
     President shall notify the appropriate congressional 
     committees of the amount of such contribution and the 
     purposes and national interests served by such contribution.
                                 ______
                                 
  SA 4268. Mr. MURPHY (for himself, Mr. Lee, and Mr. Sanders) submitted 
an amendment intended to be proposed to amendment SA 3867 submitted by 
Mr. Reed and intended to be proposed to the bill H.R. 4350, to 
authorize appropriations for fiscal year 2022 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of title X, add the following:

            Subtitle H--National Security Powers Act of 2021

     SEC. 1071. SHORT TITLE.

       This subtitle may be cited as the ``National Security 
     Powers Act of 2021''.

                       PART I--WAR POWERS REFORM

     SEC. 1073. DEFINITIONS.

       In this part:
       (1) Country.--The term ``country'', when used in a 
     geographic sense, includes territories (whether or not 
     disputed) and possessions, territorial waters, and airspace.
       (2) Hostilities.--The term ``hostilities'' means any 
     situation involving any use of lethal or potentially lethal 
     force by or against United States forces (or, for purposes of 
     paragraph 4(B), by or against foreign regular or irregular 
     forces), irrespective of the domain, whether such force is 
     deployed remotely, or the intermittency thereof. The term 
     does not include activities undertaken pursuant to section 
     503 of the National Security Act of 1947 (50 U.S.C. 5093) if 
     such action is intended to have exclusively non-lethal 
     effects.
       (3) Hostilities report.--The term ``hostilities report'' 
     means a written report that sets forth the following 
     information:
       (A) The circumstances necessitating the introduction of 
     United States forces into hostilities or a situation where 
     there is a serious risk thereof, or retaining them in a 
     location where hostilities or the serious risk thereof has 
     developed.
       (B) The estimated cost of such operations.
       (C) The specific legislative and constitutional authority 
     for such action.
       (D) Any international law implications related to such 
     action if applicable.
       (E) The estimated scope and duration of the United States 
     forces' participation in hostilities, including an accounting 
     of the personnel and weapons to be deployed.
       (F) The country or countries in which the operations or 
     deployment of United States forces are to occur or are 
     ongoing.
       (G) A description of their mission and the mission 
     objectives that would indicate the mission is complete.

[[Page S7752]]

       (H) Any foreign partner forces or multilateral 
     organizations that may be involved in the operations.
       (I) The name of the specific country (or countries) or 
     organized armed group (or groups) against which the use of 
     force is authorized.
       (J) The risk to United States forces or other United States 
     persons or property involved in the operations.
       (K) Any other information as may be required to fully 
     inform Congress.
       (4) Introduce.--The term ``introduce'' means--
       (A) with respect to hostilities or a situation where there 
     is a serious risk of hostilities, any commitment, engagement, 
     or other involvement of United States forces, whether or not 
     constituting self-defense measures by United States forces in 
     response to an attack or serious risk thereof in any foreign 
     country (including its airspace, cyberspace, or territorial 
     waters) or otherwise outside the United States and whether or 
     not United States forces are present or operating remotely 
     launched, piloted, or directed attacks; or
       (B) the assigning or detailing of members of United States 
     forces to command, advise, assist, accompany, coordinate, or 
     provide logistical or material support or training for any 
     foreign regular or irregular military forces if--
       (i) those foreign forces are involved in hostilities; and
       (ii) such activities by United States forces make the 
     United States a party to a conflict or are more likely than 
     not to do so.
       (5) Serious risk of hostilities.--The term ``serious risk 
     of hostilities'' means any situation where it is more likely 
     than not that the United States forces will become engaged in 
     hostilities, irrespective of whether the primary purpose of 
     the mission is training or assistance.
       (6) Specific statutory authorization.--The term ``specific 
     statutory authorization'' means any joint resolution or bill 
     introduced after the date of the enactment of this Act and 
     enacted into law to authorize the use of military force that 
     includes, at a minimum, the following elements:
       (A) A clearly defined mission and operational objectives 
     and the identities of all individual countries or organized 
     armed groups against which hostilities by the United States 
     forces are authorized.
       (B) A requirement the President seek from the Congress a 
     subsequent specific statutory authorization for any expansion 
     of the mission to include new operational objectives, 
     additional countries, or organized armed groups.
       (C) A termination of the authorization for such use of 
     United States forces within two years absent the enactment of 
     a subsequent specific statutory authorization for such use of 
     United States forces.
       (D) In cases where the use of military force in a 
     particular situation is being reauthorized, an estimate and 
     analysis prepared by the Congressional Budget Office of costs 
     to United States taxpayers to date of operations conducted 
     pursuant to the prior authorization or authorizations for 
     that situation, and of prospective costs to United States 
     taxpayers for operations to be conducted pursuant to the 
     proposed authorization.
       (7) Substantially enlarge.--The term ``substantially 
     enlarge'' means, for any two-year period, an increase in the 
     number of United States forces that causes the total number 
     of forces in a foreign country to exceed the lowest number of 
     forces in that country during that period by 25 percent or 
     more, or any increase of 1,000 or more forces. Temporary duty 
     and rotational forces shall be included in the number of 
     United States forces for the purposes of this part.
       (8) Training.--When used with respect to any foreign 
     regular or irregular forces, the term ``training'' has the 
     meaning given the term ``military education and training'' in 
     section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2403), but does not include training that is focused entirely 
     on observance of and respect for the law of armed conflict, 
     human rights and fundamental freedoms, the rule of law, and 
     civilian control of the military.
       (9) United states forces.--The term ``United States 
     forces'' means any individuals employed by, or under contract 
     to, or under the direction of, any department or agency of 
     the United States Government who are--
       (A) deployed military or paramilitary personnel; or
       (B) military or paramilitary personnel who use lethal or 
     potentially lethal force in the cyberspace domain.

     SEC. 1074. POLICY.

       The constitutional authority of the President as Commander-
     in-Chief to introduce United States Armed forces into 
     hostilities or into situations where there is a serious risk 
     of hostilities shall be exercised only pursuant to--
       (1) a declaration of war;
       (2) specific statutory authorization; or
       (3) when necessary to repel a sudden attack, or the 
     concrete, specific, and immediate threat of such a sudden 
     attack upon the United States, its territories, or 
     possessions, its armed forces, or other United States 
     citizens overseas.

     SEC. 1075. SUNSET OF EXISTING AUTHORIZATIONS FOR THE USE OF 
                   MILITARY FORCE.

       Effective 180 days after the date of the enactment of this 
     Act, the following laws are hereby repealed:
       (1) 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).
       (2) The Authorization for Use of Military Force (Public Law 
     107-40; 50 U.S.C. 1541 note).
       (3) The Authorization for Use of Military Force Against 
     Iraq (Public Law 102-1; 105 Stat. 3; 50 U.S.C. 1541 note).
       (4) The 1957 Authorization for Use of Military Force in the 
     Middle East (Public Law 87-5).

     SEC. 1076. REPEAL OF THE WAR POWERS RESOLUTION.

       The War Powers Resolution (Public Law 93-148; 50 U.S.C. 
     1541 et seq.) is hereby repealed.

     SEC. 1077. NOTIFICATION.

       The President shall notify Congress, in writing, within 48 
     hours after United States forces enter the territory, 
     airspace, or waters of a foreign country--
       (1) while equipped for combat, except for deployments which 
     relate solely to transportation, supply, replacement, or 
     training of such United States forces; or
       (2) in numbers that substantially enlarge the number of 
     United States forces already located in a foreign nation.

     SEC. 1078. REQUIREMENT FOR AUTHORIZATION.

       (a) Prior Authorization for Certain Activities Relating to 
     Hostilities.--Except as provided in subsection (b), before 
     introducing United States forces into hostilities or a 
     situation where there is a serious risk of hostilities, the 
     President shall provide a hostilities report to Congress and 
     obtain a specific statutory authorization for such 
     introduction. The President shall provide continuing 
     hostilities reports to Congress 30 days after the initial 
     report and every 30 days thereafter, in accordance with 
     subsection (d).
       (b) Authorization for Certain Activities Relating to 
     Hostilities.--In cases where the President introduces United 
     States forces into hostilities or a situation where there is 
     a serious risk of hostilities either because of the need to 
     repel a sudden attack upon the United States, its territories 
     or possessions, its armed forces, or other United States 
     citizens overseas or because the concrete, specific, and 
     immediate threat of such a sudden attack, and the time 
     required to provide Congress with a briefing necessary to 
     inform a vote to obtain prior authorization from Congress 
     within 72 hours would prevent an effective defense against 
     the attack or threat of immediate attack, the President 
     shall--
       (1) within 48 hours of ordering the introduction of United 
     States forces into hostilities or a situation where there is 
     a serious risk of hostilities, inform Congress of the 
     President's decision, describe the action taken, the 
     justification for proceeding without prior authorization, and 
     certifying either that hostilities have concluded or that 
     they are continuing; and
       (2) not later than 7 calendar days after ordering the 
     introduction of United States forces into hostilities or a 
     situation where there is a serious risk of hostilities, 
     submit to Congress a hostilities report and request for 
     specific statutory authorization except in cases where a 
     certification is submitted to Congress that the President--
       (A) has withdrawn, removed, and otherwise ceased the use of 
     United States forces from the situation that triggered this 
     requirement; and
       (B) does not intend to reintroduce them.
       (c) Termination of Activities Related to Hostilities.--If 
     Congress does not enact a specific statutory authorization 
     for United States forces to engage in hostilities in response 
     to a request in accordance with subsection (b) within 20 days 
     after the introduction of United States forces into 
     hostilities or a situation where there is a serious risk of 
     hostilities, the President shall withdraw, remove, and 
     otherwise cease the use of United States forces. This 20-day 
     period shall be extended for not more than an additional 10 
     days if the President determines, certifies, and justifies to 
     Congress in writing that unavoidable military necessity 
     involving the safety of the forces requires the continued use 
     of the forces for the sole purpose of bringing about their 
     safe removal from hostilities.
       (d) Continuing Hostilities Reports.--If the President 
     obtains specific statutory authorization, the President shall 
     continue to provide hostilities reports to Congress on the 
     United States' forces' engagement or possible engagement in 
     hostilities whenever there is a material change in the 
     information previously reported under this section and in no 
     event less frequently than every 30 days from the delivery of 
     the first hostilities report.
       (e) Form.--Any report submitted pursuant to subsection (a), 
     (b), or (d) shall be submitted to Congress in unclassified 
     form without any designation relating to dissemination 
     control and may include a classified annex only to the extent 
     required to protect the national security of the United 
     States.
       (f) Transmittal.--Each report submitted pursuant to 
     subsection (a), (b), or (d) shall be transmitted to each 
     house of Congress on the same calendar day. The report shall 
     be--
       (1) referred to--
       (A) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Select Committee on Intelligence of 
     the Senate; and

[[Page S7753]]

       (B) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Permanent Select Committee on 
     Intelligence of the House of Representatives; and
       (2) made available to any member of Congress upon request.

     SEC. 1079. EXPEDITED PROCEDURES FOR CONGRESSIONAL ACTION.

       (a) Consideration by Congress.--Any resolution of 
     disapproval described in subsection (b) may be considered by 
     Congress using the expedited procedures set forth in this 
     section.
       (b) Resolution of Disapproval.--For purposes of this 
     section, the term ``resolution'' means only a joint 
     resolution of the two Houses of Congress--
       (1) the title of which is as follows: ``A joint resolution 
     disapproving of the use of the United States Armed Forces in 
     the prosecution of certain conflict.'';
       (2) which does not have a preamble; and
       (3) the sole matter after the resolving clause of which is 
     as follows: ``That Congress does not approve the use of 
     military force in the prosecution of _______'', with the 
     blank space being filled with a description of the conflict 
     concerned.
       (c) Referral.--A resolution described in subsection (b) 
     introduced in the Senate shall be referred to the Committee 
     on Foreign Relations of the Senate. A resolution described in 
     subsection (b) that is introduced in the House of 
     Representatives shall be referred to the Committee on Foreign 
     Affairs of the House of Representatives.
       (d) Discharge.--If the committee to which a resolution 
     described in subsection (b) is referred has not reported such 
     resolution (or an identical resolution) by the end of 10 
     calendar days beginning on the date of introduction, such 
     committee shall be, at the end of such period, discharged 
     from further consideration of such resolution, and such 
     resolution shall be placed on the appropriate calendar of the 
     House involved.
       (e) Consideration.--
       (1) In general.--On or after the third calendar day after 
     the date on which the committee to which such a resolution is 
     referred has reported, or has been discharged (under 
     subsection (d)) from further consideration of, such a 
     resolution, it is in order (even though a previous motion to 
     the same effect has been disagreed to) for any Member of the 
     respective House to move to proceed to the consideration of 
     the resolution. All points of order against the resolution 
     (and against consideration of the resolution) are waived. The 
     motion is highly privileged in the House of Representatives 
     and is privileged in the Senate and is not debatable. The 
     motion is not subject to amendment, or to a motion to 
     postpone, or to a motion to proceed to the consideration of 
     other business. A motion to reconsider the vote by which the 
     motion is agreed to or disagreed to shall not be in order. If 
     a motion to proceed to the consideration of the resolution is 
     agreed to, the respective House shall immediately proceed to 
     consideration of the joint resolution without intervening 
     motion, order, or other business, and the resolution shall 
     remain the unfinished business of the respective House until 
     disposed of.
       (2) Debate.--Debate on the resolution, and on all debatable 
     motions and appeals in connection therewith, shall be limited 
     to not more than 10 hours, which shall be divided equally 
     between those favoring and those opposing the resolution. An 
     amendment to the resolution is not in order. A motion further 
     to limit debate is in order and not debatable. A motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the resolution is not 
     in order. A motion to reconsider the vote by which the 
     resolution is agreed to or disagreed to is not in order.
       (3) Vote on final passage.--Immediately following the 
     conclusion of the debate on the resolution and a single 
     quorum call at the conclusion of the debate if requested in 
     accordance with the rules of the appropriate House, the vote 
     on final passage of the resolution shall occur.
       (4) Appeals from decisions of chair.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate or the House of Representatives, as the 
     case may be, to the procedure relating to a resolution shall 
     be decided without debate.
       (f) Consideration by Other House.--
       (1) In general.--If, before the passage by one House of a 
     resolution of that House described in subsection (b), that 
     House receives from the other House a resolution described in 
     subsection (b), then the following procedures shall apply:
       (A) The resolution of the other House shall not be referred 
     to a committee.
       (B)(i) The consideration as described in (e) in that House 
     shall be the same as if no resolution had been received from 
     the other House; but
       (ii) The vote on final passage shall be on the resolution 
     of the other House.
       (2) Following disposition.--Upon disposition of the 
     resolution received from the other House, it shall no longer 
     be in order to consider the resolution that originated in the 
     receiving House.
       (g) Vetoes.--If the President vetoes a resolution, debate 
     in the Senate of any veto message with respect to the 
     resolution, including all debatable motions and appeals in 
     connection with the resolution, shall be limited to 10 hours, 
     which shall be divided equally between those favoring and 
     those opposing the resolution.
       (h) Rules of the Senate and House of Representatives.--This 
     section is enacted by Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     it is deemed a part of the rules of each House, respectively, 
     but applicable only with respect to the procedure to be 
     followed in that House in the case of a resolution described 
     in subsection (b), and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

     SEC. 1080. TERMINATION OF FUNDING.

       Notwithstanding any other provision of law, no funds 
     appropriated or otherwise made available under any law may be 
     obligated or expended for any activity by United States 
     forces for which prior congressional authorization is 
     required under this part but has not been obtained, or for 
     which authorization is required under this part but has not 
     been obtained by the deadline specified in section 1078(c) or 
     for which a resolution of disapproval in accordance with 
     section 1079(b) has been enacted into law.

     SEC. 1081. INTERPRETATION OF STATUTORY AUTHORITY REQUIREMENT.

       Statutory authority to introduce United States forces into 
     hostilities or into situations where there is a serious risk 
     of hostilities, or to retain them in a situation where 
     hostilities or the serious risk thereof has developed, shall 
     not be inferred--
       (1) from any provision of law, including any provision 
     contained in any appropriation Act, unless such provision 
     expressly authorizes such introduction or retention and 
     states that it is intended to constitute specific statutory 
     authorization within the meaning of this part; or
       (2) from any source of international legal obligation 
     binding on the United States, including any resolution of the 
     United Nations Security Council and any treaty ratified 
     before, on, or after the date of the enactment of this Act, 
     unless such treaty is implemented by legislation specifically 
     authorizing such introduction or retention and stating that 
     it is intended to constitute specific statutory authorization 
     within the meaning of this part.

     SEC. 1082. SEPARABILITY CLAUSE.

       If any provision of this part or the application thereof to 
     any person or circumstance is held invalid, the remainder of 
     the resolution and the application of such provision to any 
     other person or circumstance shall not be affected thereby.

                      PART II--ARMS EXPORT CONTROL

     SEC. 1085. SHORT TITLE.

       This part may be cited as the ``Arms Export Reform Act of 
     2021''.

     SEC. 1086. PURPOSE.

       It is the purpose of this part to ensure the proper role of 
     Congress in national security decisions pertaining to sales, 
     exports, leases, and loans of defense articles, especially 
     with respect to armed conflict and human rights.

     SEC. 1087. CONGRESSIONAL AUTHORIZATION OF ARMS SALES.

       (a) Certification Required.--
       (1) In general.--Notwithstanding any other provision of 
     law, in the case of a covered letter of offer, a covered 
     application for a license, or a covered agreement, before 
     such a letter of offer or license is issued or before such an 
     agreement is entered into or renewed, the President shall 
     submit to Congress a certification described in paragraph 
     (3).
       (2) Covered letters of offers, applications for licenses, 
     and agreements.--For purposes of this subsection:
       (A) A covered letter of offer is any letter of offer to 
     sell under the Arms Export Control Act (22 U.S.C. 2751 et 
     seq.) any item described in subsection (c).
       (B) A covered application for a license is any application 
     by a person (other than with regard to a sale under section 
     21 or 22 of the Arms Export Control Act (22 U.S.C. 2761, 
     2762)) for a license for the export of any item described in 
     subsection (c).
       (C) A covered agreement is any agreement involving the 
     lease under chapter 6 of the Arms Export Control Act (22 
     U.S.C. 2796 et seq.), or the loan under chapter 2 of part II 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et 
     seq.), of any item described in subsection (c) to any foreign 
     country or international organization for a period of one 
     year or longer.
       (3) Certification described.--A certification described in 
     this paragraph is a numbered certification containing the 
     following:
       (A) In the case of a letter of offer to sell, the 
     information described in section 36(b)(1) of the Arms Export 
     Control Act (22 U.S.C. 2776(b)(1)) and section 36(b)(2) of 
     such Act, as redesignated by section 1090(a) of this Act, 
     without regard to the dollar amount of such sale, except as 
     specified in subsection (c).
       (B) In the case of a license for export (other than with 
     regard to a sale under section 21 or 22 of the Arms Export 
     Control Act (22 U.S.C. 2761, 2762)), the information 
     described in section 36(c) of such Act (22 U.S.C. 2776(c)), 
     as amended by section 1090(b) of this Act, without regard to 
     the dollar amount of such export, except as specified in 
     subsection (c).
       (C) In the case of a lease or loan agreement, the 
     information described in section 62(a) of the Arms Export 
     Control Act (22 U.S.C. 2796a(a)), unless section 62(b) of 
     such Act (22 U.S.C. 2796a(b)) applies, without regard to the 
     dollar amount of such lease or loan, except as specified in 
     subsection (c).

[[Page S7754]]

       (b) Congressional Authorization Required.--
       (1) Prior congressional authorization.--No letter of offer 
     may be issued under the Arms Export Control Act (22 U.S.C. 
     2751 et seq.) with respect to a proposed sale of any item 
     described in subsection (c) to any country or international 
     organization (other than a country or international 
     organization described in paragraph (2)), no license may be 
     issued under such Act with respect to a proposed export of 
     any such item to any such country or organization, and no 
     lease may be made under chapter 6 of such Act (22 U.S.C. 2796 
     et seq.) and no loan may be made under chapter 2 of part II 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et 
     seq.) of any such item to any such country or organization, 
     unless there is enacted a joint resolution or other provision 
     of law authorizing such sale, export, lease, or loan, as the 
     case may be.
       (2) NATO and certain countries.--No letter of offer or 
     license described in paragraph (1) may be issued and no lease 
     or loan described in such paragraph may be made with respect 
     to a proposed sale, export, lease, or loan, as the case may 
     be, of any item described in subsection (c) to the North 
     Atlantic Treaty Organization (NATO), any member country of 
     such organization, Australia, Japan, the Republic of Korea, 
     Israel, New Zealand, or Taiwan, if, not later than 20 
     calendar days after receiving the appropriate certification, 
     a joint resolution is enacted prohibiting the proposed sale, 
     export, lease, or loan, as the case may be.
       (c) Items Described.--The items described in this 
     subsection are those items of types and classes as follows 
     (including parts, components, and technical data):
       (1) Firearms and ammunition of $1,000,000 or more.
       (2) Air to ground munitions of $14,000,000 or more.
       (3) Tanks, armored vehicles, and related munitions of 
     $14,000,000 or more.
       (4) Fixed and rotary, manned or unmanned armed aircraft of 
     $14,000,000 or more.
       (5) Services or training to security services of 
     $14,000,000 or more.

     SEC. 1088. PROCEDURES FOR CONSIDERATION OF JOINT RESOLUTION 
                   AUTHORIZING OR PROHIBITING ARMS SALES.

       (a) Consideration by Congress.--
       (1) In general.--Except as provided under paragraph (2), 
     any joint resolution under section 1087(b) shall be 
     considered by Congress using the expedited procedures set 
     forth in section 1079(c)-(h).
       (2) Consideration of multiple certifications.--
       (A) Multiple certifications.--If a joint resolution under 
     section 1087(b) deals with more than one certification, the 
     references in section 601(b)(3)(A) of the International 
     Security Assistance and Arms Export Control Act of 1976 
     (Public Law 94-329; 90 Stat. 765) to a resolution with 
     respect to the same certification shall be deemed to be a 
     reference to a joint resolution which relates to all of those 
     certifications.
       (B) Amendments.--If the text of a joint resolution under 
     section 1087(b) contains more than one section, amendments 
     which would strike one of those sections shall be in order 
     but amendments which would add an additional section shall 
     not be in order.
       (b) Form of Joint Resolutions.--
       (1) Prior congressional authorization.--The joint 
     resolution required by section 1087(b)(1) is a joint 
     resolution the text of which consists only of one or more 
     sections, each of which reads as follows: ``The proposed ___ 
     to ___ described in the certification submitted pursuant to 
     section 1087(a) of the Arms Export Reform Act of 2021, which 
     was received by Congress on ___ (Transmittal number) is 
     authorized.'', with the appropriate activity, whether sale, 
     export, lease, or loan, and the appropriate country or 
     international organization, date, and transmittal number 
     inserted.
       (2) NATO and certain countries.--The joint resolution 
     required by section 1087(b)(2) is a joint resolution the text 
     of which consists of only one section, which reads as 
     follows: ``That the proposed ___ to ___ described in the 
     certification submitted pursuant to section 1087(a) of the 
     Arms Export Reform Act of 2021, which was received by 
     Congress on ___ (Transmittal number) is not authorized.'', 
     with the appropriate activity, whether sale, export, lease, 
     or loan, and the appropriate country or international 
     organization, date, and the transmittal number inserted.

     SEC. 1089. EMERGENCY PROCEDURES UNDER ARMS EXPORT CONTROL 
                   ACT.

       Section 36 of the Arms Export Control Act is amended by 
     adding at the end the following:
       ``(j) Restriction on Emergency Authority Relating to Arms 
     Sales Under This Act.--A determination of the President that 
     an emergency exists requiring a proposed transfer of defense 
     articles or defense services in the national security 
     interests of the United States, thus waiving the 
     congressional review requirements pursuant to section 3 --
       ``(1) shall apply only if--
       ``(A) the President submits a determination and 
     justification for each individual approval, letter of offer, 
     or license for the defense articles or defense services that 
     includes a specific and detailed description of how such 
     waiver of the congressional review requirements directly 
     responds to or addresses the circumstances of the emergency 
     cited in the determination; and
       ``(B) the delivery of the defense articles or defense 
     services will take place not later than 60 days after the 
     date on which such determination is made, unless otherwise 
     authorized by Congress; and
       ``(2) shall not apply in the case of defense articles or 
     defense services that include manufacturing or co-production 
     of the articles or services outside the United States.''.

     SEC. 1090. CONFORMING AMENDMENTS.

       (a) Government-to-government Sales.--
       (1) In general.--Section 36(b) of the Arms Export Control 
     Act (22 U.S.C. 2776(b)) is amended--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), in the first 
     sentence, by striking ``Subject to paragraph (6)'' and 
     inserting ``Subject to paragraph (4)''; and
       (ii) in the flush text following subparagraph (P), by 
     striking the last 2 sentences;
       (B) by striking paragraphs (2) and (3);
       (C) by redesignating paragraphs (4), (5), and (6) as 
     paragraphs (2), (3), and (4), respectively;
       (D) in subparagraph (C) of paragraph (3), as so 
     redesignated, in the first sentence, by striking ``Subject to 
     paragraph (6)'' and inserting ``Subject to paragraph (4)''; 
     and
       (E) in paragraph (4), as redesignated by subparagraph (C) 
     of this paragraph, in the matter preceding subparagraph (A), 
     by striking ``in paragraph (5)(C)'' and inserting ``in 
     paragraph (3)(C)''.
       (2) Conforming amendment.--Section 38(f)(5)(B)(ii) of such 
     Act (22 U.S.C. 2778(f)(5)(B)(ii)) is amended by striking 
     ``section 36(b)(5)(A)'' and inserting ``section 
     36(b)(3)(A)''.
       (b) Commercially Licensed Sales.--Section 36(c) of such Act 
     (22 U.S.C. 2776(c)) is amended--
       (1) in paragraph (1), in the first sentence, by striking 
     ``Subject to paragraph (5), in'' and inserting ``In'';
       (2) by striking paragraphs (2) through (5); and
       (3) by redesignating paragraph (6) as paragraph (2).
       (c) Legislative Review of Leases and Loans.--
       (1) Repeal.--Section 63 of such Act (22 U.S.C. 2796b) is 
     repealed.
       (2) Conforming amendment.--Section 62(b) of such Act (22 
     U.S. 2976a(b)) is amended, in the first sentence, by striking 
     ``(and in the case'' and all that follows through ``of that 
     section)''.

     SEC. 1091. APPLICABILITY.

       This part and the amendments made by this part shall apply 
     with respect to any letter of offer or license for export 
     issued, or any lease or loan made, after the date of the 
     enactment of this Act.

               PART III--NATIONAL EMERGENCIES ACT REFORM

     SEC. 1093. REQUIREMENTS RELATING TO DECLARATION AND RENEWAL 
                   OF NATIONAL EMERGENCIES.

       Section 201 of the National Emergencies Act (50 U.S.C. 
     1621) is amended to read as follows:

     ``SEC. 201. DECLARATIONS AND RENEWALS OF NATIONAL 
                   EMERGENCIES.

       ``(a) Authority to Declare National Emergencies.--With 
     respect to Acts of Congress authorizing the exercise, during 
     the period of a national emergency, of any special or 
     extraordinary power, the President is authorized to declare 
     such a national emergency by proclamation. Such proclamation 
     shall immediately be transmitted to Congress and published in 
     the Federal Register.
       ``(b) Specification of Provisions of Law to Be Exercised.--
       ``(1) In general.--No powers or authorities made available 
     by statute for use during the period of a national emergency 
     shall be exercised unless and until the President specifies 
     the provisions of law under which the President proposes that 
     the President or other officers will act in--
       ``(A) a proclamation declaring a national emergency under 
     subsection (a); or
       ``(B) one or more Executive orders relating to the 
     emergency published in the Federal Register and transmitted 
     to Congress.
       ``(2) Limitations.--The President may--
       ``(A) specify under paragraph (1) only provisions of law 
     that make available powers and authorities that relate to the 
     nature of the national emergency; and
       ``(B) exercise such powers and authorities only to address 
     the national emergency.
       ``(c) Temporary Effective Periods.--
       ``(1) In general.--A declaration of a national emergency 
     under subsection (a) may last for 30 days from the issuance 
     of the proclamation (not counting the day on which the 
     proclamation was issued) and shall terminate when that 30-day 
     period expires unless there is enacted into law a joint 
     resolution of approval under section 203 with respect to the 
     proclamation.
       ``(2) Exercise of powers and authorities.--Any power or 
     authority made available under a provision of law described 
     in subsection (a) and specified pursuant to subsection (b) 
     may be exercised for 30 days from the issuance of the 
     proclamation or Executive order (not counting the day on 
     which such proclamation or Executive order was issued). That 
     power or authority cannot be exercised once that 30-day 
     period expires, unless there is enacted into law a joint 
     resolution of approval under section 203 approving--
       ``(A) the proclamation of the national emergency or the 
     Executive order; and
       ``(B) the exercise of the power or authority specified by 
     the President in such proclamation or Executive order.

[[Page S7755]]

       ``(3) Exception if congress is unable to convene.--If 
     Congress is physically unable to convene as a result of an 
     armed attack upon the United States or another national 
     emergency, the 30-day periods described in paragraphs (1) and 
     (2) shall begin on the first day Congress convenes for the 
     first time after the attack or other emergency.
       ``(d) Prohibition on Subsequent Actions if Emergencies Not 
     Approved.--
       ``(1) Subsequent declarations.--If a joint resolution of 
     approval is not enacted under section 203 with respect to a 
     national emergency before the expiration of the 30-day period 
     described in subsection (c), or with respect to a national 
     emergency proposed to be renewed under subsection (e), the 
     President may not, during the remainder of the term of office 
     of that President, declare a subsequent national emergency 
     under subsection (a) with respect to the same circumstances.
       ``(2) Exercise of authorities.--If a joint resolution of 
     approval is not enacted under section 203 with respect to a 
     power or authority specified by the President in a 
     proclamation under subsection (a) or an Executive order under 
     subsection (b)(1)(B) with respect to a national emergency, 
     the President may not, during the remainder of the term of 
     office of that President, exercise that power or authority 
     with respect to that emergency.
       ``(e) Renewal of National Emergencies.--A national 
     emergency declared by the President under subsection (a) or 
     previously renewed under this subsection, and not already 
     terminated pursuant to subsection (c) or section 202(a), 
     shall terminate on a date that is not later than one year 
     after the President transmitted to Congress the proclamation 
     declaring the emergency under subsection (a) or Congress 
     approved a previous renewal pursuant to this subsection, 
     unless--
       ``(1) the President publishes in the Federal Register and 
     transmits to Congress an Executive order renewing the 
     emergency; and
       ``(2) there is enacted into law a joint resolution of 
     approval renewing the emergency pursuant to section 203 
     before the termination of the emergency or previous renewal 
     of the emergency.
       ``(f) Effect of Future Laws.--No law enacted after the date 
     of the enactment of this Act shall supersede this title 
     unless it does so in specific terms, referring to this title, 
     and declaring that the new law supersedes the provisions of 
     this title.''.

     SEC. 1094. TERMINATION OF NATIONAL EMERGENCIES.

       Section 202 of the National Emergencies Act (50 U.S.C. 
     1622) is amended to read as follows:

     ``SEC. 202. TERMINATION OF NATIONAL EMERGENCIES.

       ``(a) In General.--Any national emergency declared by the 
     President under section 201(a) shall terminate on the 
     earliest of--
       ``(1) the date provided for in section 201(c);
       ``(2) the date on which Congress, by statute, terminates 
     the emergency;
       ``(3) the date on which the President issues a proclamation 
     terminating the emergency; or
       ``(4) the date provided for in section 201(e).
       ``(b) 5-year Limitation.--Under no circumstances may a 
     national emergency declared by the President under section 
     201(a) continue on or after the date that is 5 years after 
     the date on which the national emergency was first declared.
       ``(c) Effect of Termination.--
       ``(1) In general.--Effective on the date of the termination 
     of a national emergency under subsection (a) or (b)--
       ``(A) except as provided by paragraph (2), any powers or 
     authorities exercised by reason of the emergency shall cease 
     to be exercised;
       ``(B) any amounts reprogrammed or transferred under any 
     provision of law with respect to the emergency that remain 
     unobligated on that date shall be returned and made available 
     for the purpose for which such amounts were appropriated; and
       ``(C) any contracts entered into under any provision of law 
     relating to the emergency shall be terminated.
       ``(2) Savings provision.--The termination of a national 
     emergency shall not moot--
       ``(A) any legal action taken or pending legal proceeding 
     not finally concluded or determined on the date of the 
     termination under subsection (a) or (b); or
       ``(B) any legal action or legal proceeding based on any act 
     committed prior to that date.''.

     SEC. 1095. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.

       Title II of the National Emergencies Act (50 U.S.C. 1621 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.

       ``(a) Joint Resolutions of Approval and of Termination.--
       ``(1) Definitions.--In this section:
       ``(A) Joint resolution of approval.--The term `joint 
     resolution of approval' means a joint resolution that 
     contains only the following provisions after its resolving 
     clause:
       ``(i) A provision approving--

       ``(I) a proclamation of a national emergency made under 
     section 201(a);
       ``(II) an Executive order issued under section 
     201(b)(1)(B); or
       ``(III) an Executive order issued under section 201(e).

       ``(ii) A provision approving a list of all or a portion of 
     the provisions of law specified by the President under 
     section 201(b) in the proclamation or Executive order that is 
     the subject of the joint resolution.
       ``(B) Joint resolution of termination.--The term `joint 
     resolution of termination' means a joint resolution 
     terminating--
       ``(i) a national emergency declared under section 201(a); 
     or
       ``(ii) the exercise of any powers or authorities pursuant 
     to that emergency.
       ``(2) Procedures for consideration of joint resolutions of 
     approval.--
       ``(A) Introduction.--After the President transmits to 
     Congress a proclamation declaring a national emergency under 
     section 201(a), or an Executive order renewing an emergency 
     under section 201(e) or specifying emergency powers or 
     authorities under section 201(b)(1)(B), a joint resolution of 
     approval or a joint resolution of termination may be 
     introduced in either House of Congress by any member of that 
     House.
       ``(B) Requests to convene congress during recesses.--If, 
     when the President transmits to Congress a proclamation 
     declaring a national emergency under section 201(a), or an 
     Executive order renewing an emergency under section 201(e) or 
     specifying emergency powers or authorities under section 
     201(b)(1)(B), Congress has adjourned sine die or has 
     adjourned for any period in excess of 3 calendar days, the 
     Speaker of the House of Representatives and the President pro 
     tempore of the Senate, if they deem it advisable (or if 
     petitioned by at least one-third of the membership of their 
     respective Houses) shall jointly request the President to 
     convene Congress in order that it may consider the 
     proclamation or Executive order and take appropriate action 
     pursuant to this section.
       ``(C) Committee referral.--A joint resolution of approval 
     or a joint resolution of termination shall be referred in 
     each House of Congress to the committee or committees having 
     jurisdiction over the emergency authorities invoked pursuant 
     to the national emergency that is the subject of the joint 
     resolution.
       ``(D) Consideration in senate.--In the Senate, the 
     following rules shall apply:
       ``(i) Reporting and discharge.--If the committee to which a 
     joint resolution of approval or a joint resolution of 
     termination has been referred has not reported it at the end 
     of 10 calendar days after its introduction, that committee 
     shall be automatically discharged from further consideration 
     of the resolution and it shall be placed on the calendar.
       ``(ii) Proceeding to consideration.--Notwithstanding Rule 
     XXII of the Standing Rules of the Senate, when the committee 
     to which a joint resolution of approval or a joint resolution 
     of termination is referred has reported the resolution, or 
     when that committee is discharged under clause (i) from 
     further consideration of the resolution, it is at any time 
     thereafter in order (even though a previous motion to the 
     same effect has been disagreed to) for a motion to proceed to 
     the consideration of the joint resolution to be made, and all 
     points of order against the joint resolution (and against 
     consideration of the joint resolution) are waived. The motion 
     to proceed is subject to 4 hours of debate divided equally 
     between those favoring and those opposing the joint 
     resolution of approval or the joint resolution of 
     termination. The motion is not subject to amendment, or to a 
     motion to postpone, or to a motion to proceed to the 
     consideration of other business.
       ``(iii) Floor consideration.--A joint resolution of 
     approval or a joint resolution of termination shall be 
     subject to 10 hours of debate, to be divided evenly between 
     the proponents and opponents of the resolution.
       ``(iv) Amendments.--

       ``(I) In general.--Except as provided in subclause (II), no 
     amendments shall be in order with respect to a joint 
     resolution of approval or a joint resolution of termination.
       ``(II) Amendments to strike or add specified provisions of 
     law.--Subclause (I) shall not apply with respect to any 
     amendment to a joint resolution of approval to strike from or 
     add to the list required by paragraph (1)(A)(ii) a provision 
     or provisions of law specified by the President under section 
     201(b) in the proclamation or Executive order.

       ``(v) Motion to reconsider final vote.--A motion to 
     reconsider a vote on final passage of a joint resolution of 
     approval or of a joint resolution of termination shall not be 
     in order.
       ``(vi) Appeals.--Points of order, including questions of 
     relevancy, and appeals from the decision of the Presiding 
     Officer, shall be decided without debate.
       ``(E) Consideration in house of representatives.--In the 
     House of Representatives, if any committee to which a joint 
     resolution of approval or a joint resolution of termination 
     has been referred has not reported it to the House at the end 
     of 10 calendar days after its introduction, such committee 
     shall be discharged from further consideration of the joint 
     resolution, and it shall be placed on the appropriate 
     calendar. On Thursdays it shall be in order at any time for 
     the Speaker to recognize a Member who favors passage of a 
     joint resolution that has appeared on the calendar for at 
     least 3 calendar days to call up that joint resolution for 
     immediate consideration in the House without intervention of 
     any point of order. When so called up a joint resolution 
     shall be considered as read and shall be debatable for 1 hour 
     equally divided and controlled by the proponent and an 
     opponent, and the previous question shall be considered as 
     ordered to its passage without intervening motion. It shall

[[Page S7756]]

     not be in order to reconsider the vote on passage. If a vote 
     on final passage of the joint resolution has not been taken 
     on or before the close of the tenth calendar day after the 
     resolution is reported by the committee or committees to 
     which it was referred, or after such committee or committees 
     have been discharged from further consideration of the 
     resolution, such vote shall be taken on that day.
       ``(F) Receipt of resolution from other house.--If, before 
     passing a joint resolution of approval or a joint resolution 
     of termination, one House receives from the other House a 
     joint resolution of approval or a joint resolution of 
     termination--
       ``(i) the joint resolution of the other House shall not be 
     referred to a committee and shall be deemed to have been 
     discharged from committee on the day it is received; and
       ``(ii) the procedures set forth in subparagraph (D) or (E), 
     as applicable, shall apply in the receiving House to the 
     joint resolution received from the other House to the same 
     extent as such procedures apply to a joint resolution of the 
     receiving House.
       ``(G) Rule of construction.--The enactment of a joint 
     resolution of approval or of a joint resolution of 
     termination under this subsection shall not be interpreted to 
     serve as a grant or modification by Congress of statutory 
     authority for the emergency powers of the President.
       ``(b) Rules of the House and the Senate.--Subsection (a) is 
     enacted by Congress--
       ``(1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     is deemed a part of the rules of each House, respectively, 
     but applicable only with respect to the procedure to be 
     followed in the House in the case of joint resolutions of 
     approval, and supersede other rules only to the extent that 
     it is inconsistent with such other rules; and
       ``(2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.''.

     SEC. 1096. REPORTING REQUIREMENTS.

       Section 401 of the National Emergencies Act (50 U.S.C. 
     1641) is amended by adding at the end the following:
       ``(d) Report on Emergencies.--The President shall transmit 
     to Congress, with any proclamation declaring a national 
     emergency under section 201(a), or Executive order renewing 
     an emergency under section 201(e) or specifying emergency 
     powers or authorities under section 201(b)(1)(B), a report, 
     in writing, that includes the following:
       ``(1) A description of the circumstances necessitating the 
     declaration of a national emergency, the renewal of such an 
     emergency, or the use of a new emergency authority specified 
     in the Executive order, as the case may be.
       ``(2) The estimated duration of the national emergency.
       ``(3) A summary of the actions the President or other 
     officers intend to take, including any reprogramming or 
     transfer of funds, and the statutory authorities the 
     President and such officers expect to rely on in addressing 
     the national emergency.
       ``(4) In the case of a renewal of a national emergency, a 
     summary of the actions the President or other officers have 
     taken in the preceding one-year period, including any 
     reprogramming or transfer of funds, to address the emergency.
       ``(e) Provision of Information to Congress.--The President 
     shall provide to Congress such other information as Congress 
     may request in connection with any national emergency in 
     effect under title II.
       ``(f) Periodic Reports on Status of Emergencies.--If the 
     President declares a national emergency under section 201(a), 
     the President shall, not less frequently than every 180 days 
     for the duration of the emergency, report to Congress on the 
     status of the emergency and the actions the President or 
     other officers have taken and authorities the President and 
     such officers have relied on in addressing the emergency.
       ``(g) Final Report on Activities During National 
     Emergency.--Not later than 90 days after the termination 
     under section 202 of a national emergency declared under 
     section 201(a), the President shall transmit to Congress a 
     final report describing--
       ``(1) the actions that the President or other officers took 
     to address the emergency; and
       ``(2) the powers and authorities the President and such 
     officers relied on to take such actions.
       ``(h) Public Disclosure.--Each report required by this 
     section shall be transmitted in unclassified form and be made 
     public at the same time the report is transmitted to 
     Congress, although a classified annex may be provided to 
     Congress, if necessary.''.

     SEC. 1097. CONFORMING AMENDMENTS.

       (a) National Emergencies Act.--Title III of the National 
     Emergencies Act (50 U.S.C. 1631) is repealed.
       (b) International Emergency Economic Powers Act.--Section 
     207 of the International Emergency Economic Powers Act (50 
     U.S.C. 1706) is amended--
       (1) in subsection (b), by striking ``if the national 
     emergency'' and all that follows through ``under this 
     section.'' and inserting the following: ``if--
       ``(1) the national emergency is terminated pursuant to 
     section 202(a)(2) of the National Emergencies Act; or
       ``(2) a joint resolution of approval is not enacted as 
     required by section 203 of that Act to approve--
       ``(A) the national emergency; or
       ``(B) the exercise of such authorities.''; and
       (2) in subsection (c)(1), by striking ``paragraphs (A), 
     (B), and (C) of section 202(a)'' and inserting ``section 
     202(c)(2)''.

     SEC. 1098. APPLICABILITY.

       (a) In General.--Except as provided in subsection (b), this 
     part and the amendments made by this part shall take effect 
     on the date of the enactment of this Act.
       (b) Application to National Emergencies Previously 
     Declared.--A national emergency declared under section 201 of 
     the National Emergencies Act before the date of the enactment 
     of this Act shall be unaffected by the amendments made by 
     this part, except that such an emergency shall terminate on 
     the date that is not later than one year after such date of 
     enactment unless the emergency is renewed under subsection 
     (e) of such section 201, as amended by section 1093 of this 
     Act.
                                 ______
                                 
  SA 4269. Mr. WICKER (for himself, Ms. Collins, Mr. King, 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:

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

     SEC. 138. REPORT ON THE POTENTIAL BENEFITS OF A MULTIYEAR 
                   CONTRACT FOR FISCAL YEAR 2023 THROUGH 2027 FOR 
                   THE PROCUREMENT OF FLIGHT III ARLEIGH BURKE-
                   CLASS DESTROYERS.

       (a) In General.--Not later than March 1, 2022, the 
     Secretary of the Navy shall submit to the congressional 
     defense committees a report on the potential benefits of a 
     multiyear contract for the period of fiscal year 2023 through 
     2027 for the procurement of Flight III Arleigh Burke-class 
     destroyers.
       (b) Elements.--The report required by subsection (a) shall 
     include preliminary findings, and the basis for such 
     findings, of the Secretary with respect to whether--
       (1) the use of a contract described in such subsection 
     could result in significant savings of the total anticipated 
     costs of carrying out the program through annual contracts;
       (2) the minimum need for the destroyers described in such 
     subsection to be purchased is expected to remain 
     substantially unchanged during the contemplated contract 
     period in terms of production rate, procurement rate, and 
     total quantities;
       (3) there is a reasonable expectation that throughout the 
     contemplated contract period the Secretary of Defense will 
     request funding for the contract at the level required to 
     avoid contract cancellation;
       (4) there is a stable design for the destroyers to be 
     acquired and that the technical risks associated with such 
     property are not excessive;
       (5) the estimates of both the cost of the contract and the 
     anticipated cost avoidance through the use of a multiyear 
     contract are realistic; and
       (6) the use of such a contract will promote the national 
     security of the United States.
       (c) Evaluation by Quantity.--The report required by 
     subsection (a) shall evaluate each of the following 
     quantities of Flight III Arleigh Burke-class destroyers for 
     the period described in such subsection:
       (1) 10.
       (2) 12.
       (3) 15.
       (4) Any other quantities the Secretary of the Navy 
     considers appropriate.
                                 ______
                                 
  SA 4270. Ms. BALDWIN (for herself and Ms. Ernst) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

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

       (a) Definition of State-owned National Guard Facility.--
     Section 2700 of title 10, United States Code, is amended by 
     adding at the end the following new paragraph:
       ``(4) The term `State-owned National Guard facility' means 
     land owned and operated by a State when such land is used for 
     training the National Guard pursuant to chapter 5 of title 32 
     with funds provided by the Secretary of Defense or the 
     Secretary of a military department, even though such land is 
     not

[[Page S7757]]

     under the jurisdiction of the Department of Defense.''.
       (b) Authority for Defense Environmental Restoration 
     Program.--Section 2701(a)(1) of such title is amended, in the 
     first sentence, by inserting ``and at State-owned National 
     Guard facilities'' before the period.
       (c) Responsibility for Response Actions.--Section 
     2701(c)(1) of such title is amended by adding at the end the 
     following new subparagraph:
       ``(D) Each State-owned National Guard facility currently 
     being used for training the National Guard pursuant to 
     chapter 5 of title 32.''.
                                 ______
                                 
  SA 4271. Mr. REED (for himself and Mr. Inhofe) submitted an amendment 
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and 
intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 728. ASSIGNMENT OF MEDICAL AND DENTAL PERSONNEL OF THE 
                   MILITARY DEPARTMENTS TO MILITARY MEDICAL 
                   TREATMENT FACILITIES.

       (a) In General.--The Secretaries of the military 
     departments shall ensure that the Surgeons General of the 
     Armed Forces carry out fully the requirements of section 
     712(b)(3) of the John S. McCain National Defense 
     Authorization Act for Fiscal Year 2019 (Public Law 115-232; 
     10 U.S.C. 1073c note) by not later than September 30, 2022.
       (b) Assignments to Military Medical Treatment Facilities.--
     For purposes of carrying out fully the requirements of 
     section 712(b)(3) of the John S. McCain National Defense 
     Authorization Act for Fiscal Year 2019, as required by 
     subsection (a), assignment of uniformed medical and dental 
     personnel to a military medical treatment facility pursuant 
     to such section may be accomplished by the assignment of such 
     personnel to an organizational unit of the military 
     department concerned under a service manpower document with 
     allocation against a manpower requirement on a Defense Health 
     Agency manpower document of a military medical treatment 
     facility with duty at the military medical treatment 
     facility.
       (c) Additional Requirement for Walter Reed National 
     Military Medical Center.--
       (1) Assignment of military personnel.--For fiscal years 
     2023 through 2027, except as provided in paragraph (2), the 
     Secretary of Defense shall ensure that the Secretaries of the 
     military departments assign to the Walter Reed National 
     Military Medical Center sufficient military personnel to meet 
     not less than 85 percent of the joint table of distribution 
     in effect for such facility on December 23, 2016.
       (2) Exception.--Paragraph (1) shall not apply to any fiscal 
     year for which the Secretary of Defense certifies at the 
     beginning of such fiscal year to the Committees on Armed 
     Services of the Senate and the House of Representatives that 
     notwithstanding the failure to meet the requirement under 
     such paragraph, the Walter Reed National Military Medical 
     Center is fully capable of carrying out all significant 
     activities as the premier medical center of the military 
     health system.
       (d) Reports.--
       (1) In general.--Not later than September 30, 2022, each 
     Secretary of a military department shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report on the compliance of the military 
     department concerned with this section.
       (2) Elements.--
       (A) In general.--Each report required by paragraph (1) 
     shall include--
       (i) an accounting of the number of uniformed personnel and 
     civilian personnel assigned to a military medical treatment 
     facility as of October 1, 2019; and
       (ii) a comparable accounting as of September 30, 2022.
       (B) Explanation.--If the number specified in clause (ii) of 
     subparagraph (A) is less than the number specified in clause 
     (i) of such subparagraph, the Secretary concerned shall 
     provide a full explanation for the reduction.
                                 ______
                                 
  SA 4272. Mr. OSSOFF submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

       Not later than one year after enactment of this Act, the 
     Secretary of Defense shall provide a briefing to Congress on 
     courses of action to expand the geographic reach of Defense 
     Innovation Unit activities to new or underserved regions, 
     with particular emphasis on--
       (1) access to partnership opportunities at institutions of 
     higher education that conduct relevant Federally funded 
     research;
       (2) access to a relevant private commercial sector; and
       (3) proximity to major Department of Defense installations 
     and relevant activities.
                                 ______
                                 
  SA 4273. Mr. OSSOFF (for himself, Mr. Tillis, Mr. Scott of South 
Carolina, Mr. King, Ms. Cortez Masto, Mr. Kelly, and Mr. Rounds) 
submitted an amendment intended to be proposed to amendment SA 3867 
submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. DR. DAVID SATCHER CYBERSECURITY EDUCATION GRANT 
                   PROGRAM.

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

[[Page S7758]]

     training experiences for undergraduate and graduate students; 
     and
       (3) outreach and recruitment to ensure students are aware 
     of such new or existing cybersecurity programs, including 
     cybersecurity partnerships with public and private entities.
       (e) Reporting Requirements.--Not later than--
       (1) 1 year after the effective date of this section, as 
     provided in subsection (g), and annually thereafter until the 
     Secretary submits the report under paragraph (2), the 
     Secretary shall prepare and submit to Congress a report on 
     the status and progress of implementation of the grant 
     program under this section, including on the number and 
     nature of institutions participating, the number and nature 
     of students served by institutions receiving grants, the 
     level of funding provided to grant recipients, the types of 
     activities being funded by the grants program, and plans for 
     future implementation and development; and
       (2) 5 years after the effective date of this section, as 
     provided in subsection (g), the Secretary shall prepare and 
     submit to Congress a report on the status of cybersecurity 
     education programming and capacity-building at institutions 
     receiving grants under this section, including changes in the 
     scale and scope of these programs, associated facilities, or 
     in accreditation status, and on the educational and 
     employment outcomes of students participating in 
     cybersecurity programs that have received support under this 
     section.
       (f) Performance Metrics.--The Secretary of Homeland 
     Security shall establish performance metrics for grants 
     awarded under this section.
       (g) Effective Date.--This section shall take effect 1 year 
     after the date of enactment of this Act.
                                 ______
                                 
  SA 4274. Mr. OSSOFF submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

       (a) Pilot Program.--The Under Secretary of Defense for 
     Research and Engineering may establish activities, including 
     outreach and technical assistance, to better connect 
     historically Black colleges and universities to the programs 
     of the Defense Innovation Unit and its associated programs.
       (b) Briefing.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     brief the congressional defense committees on the results of 
     any activities conducted under subsection (a), including the 
     results of outreach efforts, the success of expanding Defense 
     Innovation Unit programs to historically Black colleges and 
     universities and minority serving institutions, the barriers 
     to expansion, and recommendations for how the Department of 
     Defense and the Federal Government can support such 
     institutions to successfully participate in Defense 
     Innovation Unit programs.
                                 ______
                                 
  SA 4275. Mr. DURBIN (for himself and Mr. Cassidy) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. COLLECTION, VERIFICATION, AND DISCLOSURE OF 
                   INFORMATION BY ONLINE MARKETPLACES TO INFORM 
                   CONSUMERS.

       (a) Collection and Verification of Information.--
       (1) Collection.--
       (A) In general.--An online marketplace shall require any 
     high-volume third party seller on such online marketplace's 
     platform to provide, not later than 10 days after qualifying 
     as a high-volume third party seller on the platform, the 
     following information to the online marketplace:
       (i) Bank account.--

       (I) In general.--A bank account number, or, if such seller 
     does not have a bank account, the name of the payee for 
     payments issued by the online marketplace to such seller.
       (II) Provision of information.--The bank account or payee 
     information required under subclause (I) may be provided by 
     the seller in the following ways:

       (aa) To the online marketplace.
       (bb) To a payment processor or other third party contracted 
     by the online marketplace to maintain such information, 
     provided that the online marketplace ensures that it can 
     obtain such information on demand from such payment processor 
     or other third party.
       (ii) Contact information.--Contact information for such 
     seller as follows:

       (I) With respect to a high-volume third party seller that 
     is an individual, the individual's name.
       (II) With respect to a high-volume third party seller that 
     is not an individual, one of the following forms of contact 
     information:

       (aa) A copy of a valid government-issued identification for 
     an individual acting on behalf of such seller that includes 
     the individual's name.
       (bb) A copy of a valid government-issued record or tax 
     document that includes the business name and physical address 
     of such seller.
       (iii) Tax id.--A business tax identification number, or, if 
     such seller does not have a business tax identification 
     number, a taxpayer identification number.
       (iv) Working email and phone number.--A current working 
     email address and phone number for such seller.
       (B) Notification of change; annual certification.--An 
     online marketplace shall--
       (i) periodically, but not less than annually, notify any 
     high-volume third party seller on such online marketplace's 
     platform of the requirement to keep any information collected 
     under subparagraph (A) current; and
       (ii) require any high-volume third party seller on such 
     online marketplace's platform to, not later than 10 days 
     after receiving the notice under clause (i), electronically 
     certify that--

       (I) the seller has provided any changes to such information 
     to the online marketplace, if any such changes have occurred;
       (II) there have been no changes to such seller's 
     information; or
       (III) such seller has provided any changes to such 
     information to the online marketplace.

       (C) Suspension.--In the event that a high-volume third 
     party seller does not provide the information or 
     certification required under this paragraph, the online 
     marketplace shall, after providing the seller with written or 
     electronic notice and an opportunity to provide such 
     information or certification not later than 10 days after the 
     issuance of such notice, suspend any future sales activity of 
     such seller until such seller provides such information or 
     certification.
       (2) Verification.--
       (A) In general.--An online marketplace shall--
       (i) verify the information collected under paragraph (1)(A) 
     not later than 10 days after such collection; and
       (ii) verify any change to such information not later than 
     10 days after being notified of such change by a high-volume 
     third party seller under paragraph (1)(B).
       (B) Presumption of verification.--In the case of a high-
     volume third party seller that provides a copy of a valid 
     government-issued tax document, any information contained in 
     such document shall be presumed to be verified as of the date 
     of issuance of such document.
       (3) Data use limitation.--Data collected solely to comply 
     with the requirements of this section may not be used for any 
     other purpose unless required by law.
       (4) Data security requirement.--An online marketplace shall 
     implement and maintain reasonable security procedures and 
     practices, including administrative, physical, and technical 
     safeguards, appropriate to the nature of the data and the 
     purposes for which the data will be used, to protect the data 
     collected to comply with the requirements of this section 
     from unauthorized use, disclosure, access, destruction, or 
     modification.
       (b) Disclosure Required.--
       (1) Requirement.--
       (A) In general.--An online marketplace shall--
       (i) require any high-volume third party seller with an 
     aggregate total of $20,000 or more in annual gross revenues 
     on such online marketplace, and that uses such online 
     marketplace's platform, to provide the information described 
     in subparagraph (B) to the online marketplace; and
       (ii) disclose the information described in subparagraph (B) 
     to consumers in a clear and conspicuous manner--

       (I) in the order confirmation message or other document or 
     communication made to a consumer after a purchase is 
     finalized; and
       (II) in the consumer's account transaction history.

       (B) Information described.--The information described in 
     this subparagraph is the following:
       (i) Subject to paragraph (2), the identity of the high-
     volume third party seller, including--

       (I) the full name of the seller, which may include the 
     seller name or seller's company name, or the name by which 
     the seller or company operates on the online marketplace;
       (II) the physical address of the seller; and
       (III) contact information for the seller, to allow for the 
     direct, unhindered communication with high-volume third party 
     sellers by users of the online marketplace, including--

       (aa) a current working phone number;
       (bb) a current working email address; or

[[Page S7759]]

       (cc) other means of direct electronic messaging (which may 
     be provided to such seller by the online marketplace).
       (ii) Whether the high-volume third party seller used a 
     different seller to supply the consumer product to the 
     consumer upon purchase, and, upon the request of an 
     authenticated purchaser, the information described in clause 
     (i) relating to any such seller that supplied the consumer 
     product to the purchaser, if such seller is different than 
     the high-volume third party seller listed on the product 
     listing prior to purchase.
       (2) Exception.--
       (A) In general.--Subject to subparagraph (B), upon the 
     request of a high-volume third party seller, an online 
     marketplace may provide for partial disclosure of the 
     identity information required under paragraph (1)(B)(i) in 
     the following situations:
       (i) If such seller certifies to the online marketplace that 
     the seller does not have a business address and only has a 
     residential street address, or has a combined business and 
     residential address, the online marketplace may--

       (I) disclose only the country and, if applicable, the State 
     in which such seller resides; and
       (II) inform consumers that there is no business address 
     available for the seller and that consumer inquiries should 
     be submitted to the seller by phone, email, or other means of 
     electronic messaging provided to such seller by the online 
     marketplace.

       (ii) If such seller certifies to the online marketplace 
     that the seller is a business that has a physical address for 
     product returns, the online marketplace may disclose the 
     seller's physical address for product returns.
       (iii) If such seller certifies to the online marketplace 
     that the seller does not have a phone number other than a 
     personal phone number, the online marketplace shall inform 
     consumers that there is no phone number available for the 
     seller and that consumer inquiries should be submitted to the 
     seller's email address or other means of electronic messaging 
     provided to such seller by the online marketplace.
       (B) Limitation on exception.--If an online marketplace 
     becomes aware that a high-volume third party seller has made 
     a false representation to the online marketplace in order to 
     justify the provision of a partial disclosure under 
     subparagraph (A) or that a high-volume third party seller who 
     has requested and received a provision for a partial 
     disclosure under subparagraph (A) has not provided responsive 
     answers within a reasonable time frame to consumer inquiries 
     submitted to the seller by phone, email, or other means of 
     electronic messaging provided to such seller by the online 
     marketplace, the online marketplace shall, after providing 
     the seller with written or electronic notice and an 
     opportunity to respond not later than 10 days after the 
     issuance of such notice, suspend any future sales activity of 
     such seller unless such seller consents to the disclosure of 
     the identity information required under paragraph (1)(B)(i).
       (3) Reporting mechanism.--An online marketplace shall 
     disclose to consumers in a clear and conspicuous manner on 
     the product listing of any high-volume third party seller a 
     reporting mechanism that allows for electronic and telephonic 
     reporting of suspicious marketplace activity to the online 
     marketplace.
       (4) Compliance.--If a high-volume third party seller does 
     not comply with the requirements to provide and disclose 
     information under this subsection, the online marketplace 
     shall, after providing the seller with written or electronic 
     notice and an opportunity to provide or disclose such 
     information not later than 10 days after the issuance of such 
     notice, suspend any future sales activity of such seller 
     until the seller complies with such requirements.
       (c) Enforcement by Federal Trade Commission.--
       (1) Unfair and deceptive acts or practices.--A violation of 
     subsection (a) or (b) by an online marketplace shall be 
     treated as a violation of a rule defining an unfair or 
     deceptive act or practice prescribed under section 
     18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
     57a(a)(1)(B)).
       (2) Powers of the commission.--
       (A) In general.--The Commission shall enforce subsections 
     (a) and (b) in the same manner, by the same means, and with 
     the same jurisdiction, powers, and duties as though all 
     applicable terms and provisions of the Federal Trade 
     Commission Act (15 U.S.C. 41 et seq.) were incorporated into 
     and made a part of this section.
       (B) Privileges and immunities.--Any person that violates 
     subsection (a) or (b) shall be subject to the penalties, and 
     entitled to the privileges and immunities, provided in the 
     Federal Trade Commission Act (15 U.S.C. 41 et seq.).
       (3) Regulations.--The Commission may promulgate regulations 
     under section 553 of title 5, United States Code, with 
     respect to the collection, verification, or disclosure of 
     information under this section, provided that such 
     regulations are limited to what is necessary to collect, 
     verify, and disclose such information.
       (4) Authority preserved.--Nothing in this section shall be 
     construed to limit the authority of the Commission under any 
     other provision of law.
       (d) Enforcement by State Attorneys General.--
       (1) In general.--If the attorney general of a State has 
     reason to believe that any online marketplace has violated or 
     is violating this section or a regulation promulgated under 
     this section that affects one or more residents of that 
     State, the attorney general of the State may bring a civil 
     action in any appropriate district court of the United 
     States, to--
       (A) enjoin further such violation by the defendant;
       (B) enforce compliance with this section or such 
     regulation;
       (C) obtain civil penalties in the amount provided for under 
     subsection (c);
       (D) obtain other remedies permitted under State law; and
       (E) obtain damages, restitution, or other compensation on 
     behalf of residents of the State.
       (2) Notice.--The attorney general of a State shall provide 
     prior written notice of any action under paragraph (1) to the 
     Commission and provide the Commission with a copy of the 
     complaint in the action, except in any case in which such 
     prior notice is not feasible, in which case the attorney 
     general shall serve such notice immediately upon instituting 
     such action.
       (3) Intervention by the ftc.--Upon receiving notice under 
     paragraph (2), the Commission shall have the right--
       (A) to intervene in the action;
       (B) upon so intervening, to be heard on all matters arising 
     therein; and
       (C) to file petitions for appeal.
       (4) Limitation on state action while federal action is 
     pending.--If the Commission has instituted a civil action for 
     violation of this section or a regulation promulgated under 
     this section, no State attorney general, or official or 
     agency of a State, may bring a separate action under 
     paragraph (1) during the pendency of that action against any 
     defendant named in the complaint of the Commission for any 
     violation of this section or a regulation promulgated under 
     this section that is alleged in the complaint. A State 
     attorney general, or official or agency of a State, may join 
     a civil action for a violation of this section or regulation 
     promulgated under this section filed by the Commission.
       (5) Rule of construction.--For purposes of bringing a civil 
     action under paragraph (1), nothing in this section shall be 
     construed to prevent the chief law enforcement officer, or 
     official or agency of a State, from exercising the powers 
     conferred on such chief law enforcement officer, official or 
     agency of a State, by the laws of the State to conduct 
     investigations, administer oaths or affirmations, or compel 
     the attendance of witnesses or the production of documentary 
     and other evidence.
       (6) Actions by other state officials.--
       (A) In general.--In addition to civil actions brought by 
     attorneys general under paragraph (1), any other officer of a 
     State who is authorized by the State to do so, except for any 
     private person on behalf of the State attorney general, may 
     bring a civil action under paragraph (1), subject to the same 
     requirements and limitations that apply under this subsection 
     to civil actions brought by attorneys general.
       (B) Savings provision.--Nothing in this subsection may be 
     construed to prohibit an authorized official of a State from 
     initiating or continuing any proceeding in a court of the 
     State for a violation of any civil or criminal law of the 
     State.
       (e) Severability.--If any provision of this section, or the 
     application thereof to any person or circumstance, is held 
     invalid, the remainder of this section and the application of 
     such provision to other persons not similarly situated or to 
     other circumstances shall not be affected by the 
     invalidation.
       (f) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (2) Consumer product.--The term ``consumer product'' has 
     the meaning given such term in section 101 of the Magnuson-
     Moss Warranty--Federal Trade Commission Improvement Act (15 
     U.S.C. 2301) and section 700.1 of title 16, Code of Federal 
     Regulations.
       (3) High-volume third party seller.--
       (A) In general.--The term ``high-volume third party 
     seller'' means a participant on an online marketplace's 
     platform who is a third party seller and who, in any 
     continuous 12-month period during the previous 24 months, has 
     entered into 200 or more discrete sales or transactions of 
     new or unused consumer products and an aggregate total of 
     $5,000 or more in gross revenues.
       (B) Clarification.--For purposes of calculating the number 
     of discrete sales or transactions or the aggregate gross 
     revenues under subparagraph (A), an online marketplace shall 
     only be required to count sales or transactions made through 
     the online marketplace and for which payment was processed by 
     the online marketplace, either directly or through its 
     payment processor.
       (4) Online marketplace.--The term ``online marketplace'' 
     means any person or entity that operates a consumer-directed 
     electronically based or accessed platform that--
       (A) includes features that allow for, facilitate, or enable 
     third party sellers to engage in the sale, purchase, payment, 
     storage, shipping, or delivery of a consumer product in the 
     United States;
       (B) is used by one or more third party sellers for such 
     purposes; and
       (C) has a contractual or similar relationship with 
     consumers governing their use of the platform to purchase 
     consumer products.
       (5) Seller.--The term ``seller'' means a person who sells, 
     offers to sell, or contracts to sell a consumer product 
     through an online marketplace's platform.

[[Page S7760]]

       (6) Third party seller.--
       (A) In general.--The term ``third party seller'' means any 
     seller, independent of an online marketplace, who sells, 
     offers to sell, or contracts to sell a consumer product in 
     the United States through such online marketplace's platform.
       (B) Exclusions.--The term ``third party seller'' does not 
     include, with respect to an online marketplace--
       (i) a seller who operates the online marketplace's 
     platform; or
       (ii) a business entity that has--

       (I) made available to the general public the entity's name, 
     business address, and working contact information;
       (II) an ongoing contractual relationship with the online 
     marketplace to provide the online marketplace with the 
     manufacture, distribution, wholesaling, or fulfillment of 
     shipments of consumer products; and
       (III) provided to the online marketplace identifying 
     information, as described in subsection (a), that has been 
     verified in accordance with that subsection.

       (7) Verify.--The term ``verify'' means to confirm 
     information provided to an online marketplace pursuant to 
     this section, which may include the use of one or more 
     methods that enable the online marketplace to reliably 
     determine that any information and documents provided are 
     valid, corresponding to the seller or an individual acting on 
     the seller's behalf, not misappropriated, and not falsified.
       (g) Relationship to State Laws.--No State or political 
     subdivision of a State, or territory of the United States, 
     may establish or continue in effect any law, regulation, 
     rule, requirement, or standard that conflicts with the 
     requirements of this section.
       (h) Effective Date.--This section shall take effect 180 
     days after the date of the enactment of this Act.
       (i) Short Title.--this section may be cited as the 
     ``Integrity, Notification, and Fairness in Online Retail 
     Marketplaces for Consumers Act'' or the ``INFORM Consumers 
     Act''.
                                 ______
                                 
  SA 4276. Mr. BRAUN (for himself, Mr. Tillis, Mrs. Gillibrand, and Mr. 
Van Hollen) submitted an amendment intended to be proposed to amendment 
SA 3867 submitted by Mr. Reed and intended to be proposed to the bill 
H.R. 4350, to authorize appropriations for fiscal year 2022 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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. POSTHUMOUS HONORARY PROMOTION TO GENERAL OF 
                   LIEUTENANT GENERAL FRANK MAXWELL ANDREWS, 
                   UNITED STATES ARMY.

       (a) Posthumous Honorary Promotion.--Notwithstanding any 
     time limitation with respect to posthumous promotions for 
     persons who served in the Armed Forces, the President is 
     authorized to issue a posthumous honorary commission 
     promoting Lieutenant General Frank Maxwell Andrews, United 
     States Army, to the grade of general.
       (b) Additional Benefits Not To Accrue.--The honorary 
     promotion of Frank Maxwell Andrews under subsection (a) shall 
     not affect the retired pay or other benefits from the United 
     States to which Frank Maxwell Andrews would have been 
     entitled based upon his military service or affect any 
     benefits to which any other person may become entitled based 
     on his military service.

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