[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7808-S8054]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4277. Mr. MENENDEZ (for himself, Ms. Collins, Mr. Brown, and Mr. 
Kaine) submitted an amendment intended to be proposed to amendment SA 
3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     TITLE __--COMMISSION ON THE CORONAVIRUS PANDEMIC IN THE 
                   UNITED STATES

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``National Coronavirus 
     Commission Act of 2021''.

     SEC. _02. DEFINITIONS.

       In this title:
       (1) COVID-19.--The term ``COVID-19'' means the 2019 novel 
     coronavirus disease.
       (2) Relevant committees of congress.--The term ``relevant 
     committees of Congress''--
       (A) means all committees for which information in the 
     report or plan being provided might be relevant; and
       (B) includes, at a minimum--
       (i) the Committee on Health, Education, Labor, and 
     Pensions, the Committee on Finance, the Committee on Foreign 
     Relations, the Committee on Banking, Housing, and Urban 
     Affairs, the Committee on Homeland Security and Government 
     Affairs, the Committee on Appropriations, and the Select 
     Committee on Intelligence of the Senate; and
       (ii) the Committee on Energy and Commerce, the Committee on 
     Ways and Means, the Committee on Foreign Affairs, the 
     Committee on Oversight and Reform, the Committee on Homeland 
     Security, the Committee on Appropriations, and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.

     SEC. _03. ESTABLISHMENT OF COMMISSION.

       There is established in the legislative branch the 
     Commission on the Coronavirus Pandemic in the United States 
     (referred to in this title as the ``Commission'').

     SEC. _04. PURPOSES.

       The purposes of the Commission are to--
       (1) examine and report on the facts and the causes relating 
     to the COVID-19 pandemic in the United States, which may 
     include investigating and reporting on--
       (A) the origins of COVID-19; and
       (B) the spread of COVID-19 internationally and within the 
     United States;
       (2) make a full and nonpartisan accounting of the United 
     States' preparedness for, and response to, the COVID-19 
     pandemic, to include investigating and reporting on--
       (A) medical intelligence;
       (B) international public health surveillance;
       (C) domestic public health surveillance;
       (D) communication and coordination between the Federal 
     Government and foreign governments, the private sector, 
     nongovernmental organizations, and international public 
     health organizations related to public health threats and 
     early warning, detection, and prevention and response 
     measures;
       (E) communication and coordination related to public health 
     threats and early warning, detection, and prevention and 
     response measures among the Federal national security 
     agencies, Federal public health agencies, other relevant 
     Federal agencies, and State, Tribal, local, and territorial 
     governments;
       (F) Federal funding and support for, engagement with, and 
     management of, international prevention, preparedness, and 
     response efforts;
       (G) Federal guidance, assistance, and requirements for 
     State, Tribal, local, and territorial governments;
       (H) Federal acquisition and financing efforts and supply 
     chain management, including use of the authorities provided 
     under the Defense Production Act of 1950 (50 U.S.C. 4501 et 
     seq.), related to personal protective equipment, testing 
     supplies, ventilators and other medical equipment or 
     supplies, diagnostics, therapeutics, vaccines, or other 
     relevant items for domestic and international use;
       (I) management, allocation, and distribution of relevant 
     resources (including resources and assets for domestic use 
     held by United States agencies that provide foreign aid) 
     between the Federal Government and State, Tribal, local, and 
     territorial governments, hospitals and health care 
     organizations, and private sector entities, including 
     personal protective equipment, testing supplies, ventilators 
     and other medical equipment or supplies, diagnostics, 
     therapeutics, vaccines, or other relevant items;
       (J) management, allocation, and distribution of personal 
     protective equipment, testing supplies, ventilators and other 
     medical equipment or supplies, diagnostics, therapeutics, 
     vaccines, or other relevant items as aid to foreign 
     countries;
       (K) domestic and global supply chain vulnerabilities with 
     respect to personal protective equipment, testing supplies, 
     ventilators and other medical equipment or supplies, 
     diagnostics, therapeutics, vaccines, or other relevant items;
       (L) the operation of government-maintained stockpiles;
       (M) scams and profiteering;
       (N) misinformation and disinformation;
       (O) the readiness of Federal, State, Tribal, local, and 
     territorial public health departments and agencies and 
     relevant regional entities;
       (P) testing and contact tracing operations;
       (Q) emergency management;
       (R) military engagement, including the National Guard 
     Bureau;
       (S) Federal, State, Tribal, local, and territorial orders 
     and guidance to reduce disease transmission, including travel 
     restrictions, stay-at-home orders, in-person school and 
     institution of higher education closures or modifications, 
     workplace protections or closures, or business closures or 
     modifications;
       (T) Federal, State, Tribal, local, and territorial 
     guidance, public health education, and resource provision 
     related to masking, social distancing, hygiene, therapeutics, 
     testing, quarantining, vaccination, or other relevant topics;
       (U) scientific and technological preparedness and response, 
     which may include--
       (i) the Federal role in executing, supporting, and 
     coordinating domestic and global research on diagnostics, 
     therapeutics, and vaccines;
       (ii) the efficacy and scientific integrity of the Federal 
     authorization and approval processes for vaccines, 
     therapeutics, and diagnostics; and
       (iii) the use of technology to detect and prevent 
     contagion, including privacy concerns;
       (V) the preparedness and response of specific types of 
     institutions that experienced high rates of COVID-19 
     infection or that are critical to national security, which 
     may include--
       (i) hospitals;
       (ii) skilled nursing facilities and nursing facilities;
       (iii) assisted living facilities;
       (iv) prisons, jails, and immigration detention centers;
       (v) elementary and secondary schools and institutions of 
     higher education;
       (vi) food production, processing, and distribution 
     facilities;
       (vii) other congregate settings and confined or high-
     density workplaces; and
       (viii) other critical infrastructure facilities;
       (W) Federal economic relief programs, including--
       (i) loan, grant, and other financial assistance;
       (ii) unemployment insurance;
       (iii) tax and loan deferment;
       (iv) direct payments;
       (v) rental and mortgage assistance, eviction moratoria, and 
     foreclosure relief; and
       (vi) fiscal relief to States, Tribes, localities, and 
     territories;
       (X) health and economic impacts on underserved communities, 
     rural populations, racial and ethnic minority populations, 
     older adults, and all other populations with relevant health 
     or economic disparities, which may include--
       (i) immigrant populations;
       (ii) lesbian, gay, bisexual, transgender, and queer 
     individuals;
       (iii) people with disabilities;
       (iv) people who live on or near Indian reservations or in 
     Alaska Native villages;
       (v) residents of territories of the United States; and
       (vi) veterans;
       (Y) the division of authority and responsibilities between 
     the Federal Government and State, Tribal, local, and 
     territorial governments;
       (Z) any other aspect of Federal, State, Tribal, local, and 
     territorial government preparedness and response; and
       (AA) other areas as determined relevant and appropriate by 
     the Commission (by agreement of the chair and vice chair of 
     the Commission); and
       (3) investigate and report to the President and Congress on 
     its findings, conclusions, and recommendations to improve the 
     ability of the Federal Government, State, Tribal, local, and 
     territorial governments, and the private sector to--
       (A) prevent, detect, respond to, and prepare for future 
     epidemics and pandemics, whether naturally occurring or 
     caused by State or non-State actors, and other public health 
     emergencies;
       (B) protect the health security of the United States; and
       (C) reestablish the role of the United States as a global 
     leader in epidemic and pandemic preparedness and response.

     SEC. _05. COMPOSITION OF THE COMMISSION.

       (a) Members.--The Commission shall be comprised of 10 
     members, of whom--
       (1) 1 member shall be appointed by the President, who shall 
     serve as the chair of the Commission;
       (2) 1 member shall--
       (A) be appointed by the leader of the Senate who represents 
     the major political party that the President does not 
     represent, in consultation with the leader of the House of 
     Representatives from the same political party; and
       (B) serve as the vice chair of the Commission;

[[Page S7809]]

       (3) 2 members shall be appointed by the senior member of 
     the Senate leadership of the Democratic Party;
       (4) 2 members shall be appointed by the senior member of 
     the Senate leadership of the Republican Party;
       (5) 2 members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Republican Party; and
       (6) 2 members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Democratic Party.
       (b) Qualifications.--
       (1) Political party affiliation.--Not more than 5 members 
     of the Commission shall be from the same political party.
       (2) Nongovernmental appointees.--An individual appointed to 
     the Commission shall not--
       (A) be an officer or employee of the Federal Government or 
     any State, Tribal, local, or territorial government, except 
     in the case of a State employee who works at a public 
     institution of higher education or State-funded research 
     institution; or
       (B) have held a position in any agency, office, or other 
     establishment in the executive, legislative, or judicial 
     branch of the Federal Government, the functions and duties of 
     which included planning, coordinating, or implementing any 
     aspect of the Federal Government response to the public 
     health emergency declared by the Secretary of Health and 
     Human Services under section 319 of the Public Health Service 
     Act (42 U.S.C. 247d) on January 31, 2020, with respect to 
     COVID-19, including a position that required the individual 
     holding the position to attend meetings relating to that 
     response.
       (3) Ethics and conflicts report.--The Commission shall hire 
     an ethics counsel, and not later than 30 days after the 
     initial meeting of the Commission, the ethics counsel shall 
     submit a detailed plan for identifying and resolving 
     potential and actual conflicts of interest by any member of 
     the Commission, including of an ethical, financial, or 
     personal nature, or that could lead a reasonable person to 
     conclude a conflict may exist, to the relevant committees of 
     Congress.
       (4) Other qualifications.--
       (A) Governors, public health experts, and economic policy 
     experts.--In appointing members to the Commission, the 
     appointing individuals described in subsection (a) of the 
     same political party shall coordinate to ensure that the 
     members appointed by each political party include--
       (i) at least 1 former governor of a State;
       (ii) at least 1 public health expert; and
       (iii) at least 1 economic policy expert.
       (B) Sense of congress.--It is the sense of Congress that 
     individuals appointed to the Commission should be prominent 
     United States citizens, with national recognition and 
     significant depth of experience in such professions as 
     governmental service, public health, global health, 
     infectious diseases, pandemic preparedness and response, 
     humanitarian response and relief, scientific research, public 
     administration, intelligence gathering, commerce, national 
     security, and foreign affairs.
       (5) Timeline for appointment.--All members of the 
     Commission shall be appointed not later than 60 days after 
     the date of enactment of this Act.
       (6) Vacancies.--Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.
       (c) Meetings.--
       (1) Initial meeting.--The Commission shall meet and begin 
     the operations of the Commission within 45 days after the 
     appointment of all Commission members.
       (2) Additional meetings.--After the initial meeting of the 
     Commission, the Commission shall meet upon the call of the 
     chair or a majority of the members of the Commission.
       (3) Quorum.--Six members of the Commission shall constitute 
     a quorum. If required for public health reasons, Commission 
     members may attend meetings virtually and virtual attendance 
     shall count towards constituting a quorum.

     SEC. _06. FUNCTIONS OF THE COMMISSION.

       The functions of the Commission are to--
       (1) conduct an investigation that--
       (A) addresses the purposes described in section 4;
       (B) investigates relevant facts and circumstances relating 
     to the COVID-19 pandemic in the United States, including 
     preparedness for, and the response to, the COVID-19 pandemic 
     by the Federal Government and, as appropriate, State, Tribal, 
     territorial, and local governments, including any relevant 
     legislation, Executive order, regulation, plan, policy, 
     practice, or procedure;
       (C) includes relevant facts and circumstances relating to--
       (i) domestic and international public health agencies;
       (ii) health care agencies;
       (iii) financial, labor and housing agencies;
       (iv) education agencies;
       (v) intelligence agencies;
       (vi) defense and national security agencies;
       (vii) diplomacy and development agencies;
       (viii) White House offices and councils;
       (ix) health care organizations;
       (x) private sector entities;
       (xi) scientific research agencies;
       (xii) immigration and border control agencies;
       (xiii) international trade organizations;
       (xiv) Congress;
       (xv) State, Tribal, local, and territorial government 
     agencies;
       (xvi) the role of congressional and State government 
     oversight and resource allocation; and
       (xvii) other areas of the public and private sectors 
     determined relevant by the Commission for its inquiry;
       (D) coordinates with and reviews the findings, conclusions, 
     and recommendations of other relevant international, 
     executive branch, congressional, State, or independent 
     commission investigations into the COVID-19 pandemic, to the 
     extent determined appropriate by Commission members; and
       (E) may include a comparative analysis of relevant domestic 
     or international best practices;
       (2) identify, review, and evaluate the lessons learned from 
     the COVID-19 pandemic regarding the structure, coordination, 
     management policies, and procedures of the Federal 
     Government, State, Tribal, local, and territorial 
     governments, and nongovernmental entities relative to 
     detecting, preventing, and responding to--
       (A) epidemics and pandemics, whether naturally occurring or 
     caused by State or non-State actors; and
       (B) other public health emergencies; and
       (3) submit to the President and Congress such reports as 
     are required by this title containing such findings, 
     conclusions, and legislative, regulatory, and policy 
     recommendations as the Commission shall determine, including 
     proposing organization, coordination, planning, management 
     arrangements, procedures, rules, and regulations.

     SEC. _07. POWERS OF THE COMMISSION.

       (a) In General.--
       (1) Hearings and evidence.--The Commission or, on the 
     authority of the Commission, any subcommittee or member 
     thereof, may, for the purpose of carrying out this title--
       (A) hold such hearings, sit and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths as the Commission or such designated 
     subcommittee or designated member may determine advisable; 
     and
       (B) subject to paragraph (2)(A), require, by subpoena or 
     otherwise, the attendance and testimony of such witnesses and 
     the production of such written, recorded, and electronic 
     materials as the Commission or such designated subcommittee 
     or designated member may determine advisable, including 
     correspondence, memoranda, diplomatic cables, papers, 
     documents, reports, books, notes, records, text messages, 
     emails, voicemails, and communications, including 
     communications sent from or received on both official and 
     personal accounts and devices.
       (2) Subpoenas.--
       (A) Issuance.--
       (i) In general.--A subpoena may be issued under this 
     subsection only--

       (I) by the agreement of the chair and the vice chair; or
       (II) by the affirmative vote of a majority of the members 
     of the Commission.

       (ii) Signature.--Subject to clause (i), subpoenas issued 
     under this subsection may be issued under the signature of 
     the chair or any member designated by a majority of the 
     Commission, and may be served by any person designated by the 
     chair or by a member designated by a majority of the 
     Commission.
       (B) Enforcement.--
       (i) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under this subsection, the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, or 
     where the subpoena is returnable, may issue an order 
     requiring such person to appear at any designated place to 
     testify or to produce documentary or other evidence. Any 
     failure to obey the order of the court may be punished by the 
     court as a contempt of that court.
       (ii) Additional enforcement.--In the case of any failure of 
     any witness to comply with any subpoena or to testify when 
     summoned under authority of this section, the Commission may, 
     by majority vote, certify a statement of fact constituting 
     such failure to the appropriate United States attorney, who 
     may bring the matter before the grand jury for its action, 
     under the same statutory authority and procedures as if the 
     United States attorney had received a certification under 
     sections 102 through 104 of the Revised Statutes of the 
     United States (2 U.S.C. 192 through 194).
       (b) Contracting.--The Commission may, to such extent and in 
     such amounts as are provided in appropriation Acts, enter 
     into contracts to enable the Commission to discharge its 
     duties under this title.
       (c) Information From Federal Agencies.--
       (1) In general.--The Commission is authorized to secure 
     directly from any executive department, bureau, agency, 
     board, commission, office, independent establishment, or 
     instrumentality of the Government, information, suggestions, 
     estimates, and statistics for the purposes of this title. 
     Notwithstanding any other law or any assertion of privilege, 
     each department, bureau, agency, board, commission, office, 
     independent establishment, or instrumentality shall furnish, 
     without redaction, such records, information, suggestions, 
     estimates, and statistics directly to the Commission, upon 
     request made by the chair, the chair of any subcommittee 
     created by a majority of the Commission, or any member 
     designated by a majority of the Commission.

[[Page S7810]]

       (2) Receipt, handling, storage, and dissemination.--
     Information shall only be received, handled, stored, and 
     disseminated by members of the Commission and its staff 
     consistent with all applicable statutes, regulations, and 
     Executive orders.
       (d) Assistance From Federal Agencies.--
       (1) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis administrative support and other services 
     for the performance of the Commission's functions.
       (2) Other departments and agencies.--In addition to the 
     assistance prescribed in paragraph (1), departments and 
     agencies of the United States may provide to the Commission 
     such services, funds, facilities, staff, and other support 
     services as the departments and agencies may determine 
     advisable and as may be authorized by law.
       (e) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (f) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as departments and agencies of the United States.

     SEC. _08. NONAPPLICABILITY OF THE FEDERAL ADVISORY COMMISSION 
                   ACT.

       (a) In General.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the Commission.
       (b) Public Meetings and Release of Public Versions of 
     Reports.--The Commission shall--
       (1) hold public hearings and meetings to the extent 
     appropriate; and
       (2) release public versions of the reports required under 
     subsections (a) and (b) of section 13.
       (c) Public Hearings.--Any public hearings of the Commission 
     shall be conducted in a manner consistent with the protection 
     of information provided to or developed for or by the 
     Commission as required by any applicable statute, regulation, 
     or Executive order.

     SEC. _09. RECORD RETENTION.

       (a) Commission Records.--The Commission shall--
       (1) preserve the records and documents of the Commission; 
     and
       (2) make such records and documents available to the 
     National Archives not later than 120 days following the 
     submission of the Commission's final report.
       (b) Future Access.--Following the termination of the 
     Commission, the Secretary of the Senate shall be responsible 
     for facilitating access to the publicly available records and 
     documents of the Commission, as if they were Senate records, 
     for researchers, interested parties, and the general public.
       (c) Official Electronic Accounts for Commission Business.--
     When conducting any Commission business on electronic 
     accounts, members and staff of the Commission shall use 
     official Commission electronic accounts.

     SEC. _10. STAFF OF THE COMMISSION.

       (a) In General.--
       (1) Appointment and compensation.--The chair, in 
     consultation with the vice chair and in accordance with rules 
     agreed upon by the Commission, may appoint and fix the 
     compensation of a staff director and such other personnel as 
     may be necessary to enable the Commission to carry out its 
     functions, without regard to the provisions of title 5, 
     United States Code, governing appointments in the competitive 
     service, and without regard to the provisions of chapter 51 
     and subchapter III of chapter 53 of such title relating to 
     classification and General Schedule pay rates, except that no 
     rate of pay fixed under this subsection may exceed the 
     equivalent of that payable for a position at level V of the 
     Executive Schedule under section 5316 of such title.
       (2) Nonpartisan staff.--The staff director shall be 
     responsible for the day-to-day authority over the activities 
     of the personnel of the Commission, and the staff director 
     and any other personnel of the Commission shall be hired 
     without regard to political affiliation.
       (3) Personnel as federal employees.--
       (A) In general.--The staff director and any personnel of 
     the Commission who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (B) Members of commission.--Subparagraph (A) shall not be 
     construed to apply to members of the Commission.
       (b) Detailees.--Any Federal Government employee may be 
     detailed to the Commission without reimbursement from the 
     Commission, and such detailee shall retain the rights, 
     status, and privileges of his or her regular employment 
     without interruption.
       (c) Consultant Services.--The Commission is authorized to 
     procure the services of experts and consultants in accordance 
     with section 3109 of title 5, United States Code, but at 
     rates not to exceed the daily rate paid a person occupying a 
     position at level IV of the Executive Schedule under section 
     5315 of title 5, United States Code.

     SEC. _11. COMPENSATION AND TRAVEL EXPENSES.

       (a) Compensation.--Each member of the Commission may be 
     compensated at not to exceed the daily equivalent of the 
     annual rate of basic pay in effect for a position at level IV 
     of the Executive Schedule under section 5315 of title 5, 
     United States Code, for each day during which that member is 
     engaged in the actual performance of the duties of the 
     Commission.
       (b) Travel Expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Commission, members of the Commission shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703 of 
     title 5, United States Code.

     SEC. _12. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND 
                   STAFF.

       The appropriate Federal agencies or departments shall 
     cooperate with the Commission in expeditiously providing to 
     the Commission members and staff appropriate security 
     clearances to the extent possible pursuant to existing 
     procedures and requirements, except that no person shall be 
     provided with access to classified information under this 
     title without the appropriate security clearances.

     SEC. _13. REPORTS OF THE COMMISSION; TERMINATION.

       (a) Interim Reports.--The Commission may submit to the 
     President and Congress interim reports containing such 
     findings, conclusions, and recommendations for corrective 
     measures as have been agreed to by a majority of Commission 
     members.
       (b) Final Report.--
       (1) In general.--Not later than 18 months after the date of 
     appointment of all members of the Commission, the Commission 
     shall submit to the President and the relevant committees of 
     Congress a final report containing such findings, 
     conclusions, and recommendations for corrective measures and 
     reforms as have been agreed to by a majority of the members 
     of the Commission.
       (2) Sense of congress.--It is the sense of Congress that 
     the members of the Commission should make the utmost effort 
     to produce a comprehensive, fact-based, evidentiary, 
     nonpartisan, and actionable final report.
       (c) Accessibility.--The final report shall--
       (1) simultaneously be made publicly available on an 
     internet website;
       (2) be written in plain language, to the extent deemed 
     practicable by the Commission; and
       (3) be made available in accessible formats and multiple 
     languages, to the extent determined practicable by the 
     Commission.
       (d) Alternative Mediums.--The Commission may use 
     alternative mediums to communicate key findings from the 
     final report to as many people of the United States as 
     possible.
       (e) Extensions.--The submission and publication of the 
     final report, as described in subsection (b), may be delayed 
     by 90 days upon the agreement of a majority of the members of 
     the Commission. The Commission may make not more than 3 90-
     day extensions. The Commission shall notify the President, 
     Congress, and the public of each such extension.
       (f) Termination.--
       (1) In general.--The Commission, and all the authorities of 
     this title, shall terminate 120 days after the date on which 
     the final report is submitted under subsection (b).
       (2) Administrative activities before termination.--The 
     Commission may use the 120-day period referred to in 
     paragraph (1) for the purpose of concluding its activities, 
     including providing testimony to committees of Congress 
     concerning its reports and disseminating the final report.
       (g) Government Accountability Office Report.--
       (1) Monitoring.--The Comptroller General of the United 
     States shall monitor the implementation of any Commission 
     recommendations included in the final report.
       (2) Reports.--
       (A) In general.--One year after the final Commission report 
     is submitted under subsection (b), and each year thereafter 
     for the following 3 years, the Comptroller General shall 
     submit to Congress a report regarding the status of the 
     Commission recommendations that--
       (i) identifies each recommendation as open or closed; and
       (ii) provides a description of actions taken in response to 
     each recommendation.
       (B) Scope of reports.--Each report required under 
     subparagraph (A) shall not provide a critical assessment of 
     the merit or value of any Commission recommendation included 
     in the final Commission report.

     SEC. _14. FUNDING.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this title $50,000,000.
       (b) Duration of Availability.--Amounts made available to 
     the Commission under subsection (a) shall remain available 
     until the termination of the Commission.
                                 ______
                                 
  SA 4278. Mr. MENENDEZ (for himself and Mrs. Blackburn) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

[[Page S7811]]

  


     SEC. ____. NATIONAL MANUFACTURING EXTENSION PARTNERSHIP 
                   SUPPLY CHAIN DATABASE.

       (a) Definitions.--In this section:
       (1) Center.--The term ``Center'' has the meaning given such 
     term in section 25(a) of the National Institute of Standards 
     and Technology Act (15 U.S.C. 278k(a)).
       (2) Database.--The term ``Database'' means the National 
     Manufacturing Extension Partnership Supply Chain Database 
     established under subsection (b).
       (3) Director.--The term ``Director'' means the Director of 
     the National Institute of Standards and Technology.
       (4) Institute.--The term ``Institute'' means the National 
     Institute of Standards and Technology.
       (b) Establishment of Database.--
       (1) In general.--Subject to the availability of 
     appropriations, the Director shall establish a database to 
     assist the United States in minimizing disruptions in the 
     supply chain by providing a resource for manufacturers in the 
     United States to gain information on product availability on 
     a real time basis.
       (2) Designation.--The database established under paragraph 
     (1) shall be known as the ``National Manufacturing Extension 
     Partnership Supply Chain Database''.
       (c) Considerations.--In establishing the Database, the 
     Director shall consider the findings and recommendations from 
     the study required under section 9413 of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (Public Law 116-283), including measures to secure and 
     protect the Database from adversarial attacks and 
     vulnerabilities.
       (d) Connections With Hollings Manufacturing Extension 
     Partnerships Centers.--
       (1) In general.--The Director shall create the 
     infrastructure for the Database through the Hollings 
     Manufacturing Extension Partnership, established under 
     section 25 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278k), by connecting information 
     from the Centers through the Database.
       (2) National view.--The Director shall ensure that 
     connections under paragraph (1)--
       (A) provide a national overview of the networks of supply 
     chains of the United States; and
       (B) support understanding of whether there is a need for 
     some manufacturers to retool in some critical areas to meet 
     the urgent need for key products, such as defense supplies, 
     food, and medical devices, including personal protective 
     equipment.
       (3) Individual hollings manufacturing extension partnership 
     center databases.--
       (A) In general.--The Director shall ensure that--
       (i) each Center is connected to the Database; and
       (ii) each supply chain database maintained by a Center is 
     interoperable with the Database.
       (B) Rule of construction.--Nothing in this section shall be 
     construed to require a State or territory of the United 
     States to establish a new supply chain database through the 
     Hollings Manufacturing Extension Partnership program.
       (e) Maintenance of National Supply Chain Database.--The 
     Director, acting through the Hollings Manufacturing Extension 
     Partnership program or a designee of the program--
       (1) shall maintain the Database as an integration of State-
     level databases from the Center of each State or territory of 
     the United States; and
       (2) may populate the Database with information from past, 
     current, or potential clients of Centers.
       (f) Database Content.--
       (1) In general.--The Database may include the following:
       (A) Basic company information.
       (B) An overview of capabilities, accreditations, and 
     products.
       (C) Proprietary information.
       (D) Such other items as the Director considers necessary.
       (2) Standard classification system.--The Database shall use 
     the North American Industry Classification System (NAICS) 
     Codes as follows:
       (A) Sector 31-33 - Manufacturing.
       (B) Sector 54 - Professional, Scientific, and Technical 
     Services.
       (C) Sector 48-49 - Transportation and Warehousing.
       (3) Levels.--The Database shall be multi-leveled as 
     follows:
       (A) Level 1 shall have basic company information and shall 
     be available to the public.
       (B) Level 2 shall have a deeper, nonproprietary overview 
     into capabilities, products, and accreditations and shall be 
     available to all companies that contribute to the Database 
     and agree to terms of mutual disclosure.
       (C) Level 3 shall hold proprietary information.
       (4) Matters relating to disclosure and access.--
       (A) FOIA exemption.--The Database, and any information 
     contained therein that is not publicly released by the 
     Institute, shall be exempt from public disclosure under 
     section 552(b)(3) of title 5, United States Code.
       (B) Limitation on access to content.--Access to a 
     contributing company's nonpublic content in the Database 
     shall be limited to the contributing company, the Institute, 
     and staff from a Center who sign such nondisclosure agreement 
     as the Director considers appropriate.
       (C) Aggregated information.--The Director may make 
     aggregated, de-identified information available to 
     contributing companies, Centers, or the public, as the 
     Director considers appropriate, in support of the purposes of 
     this section.
       (g) Coordination With National Technology and Industrial 
     Base.--The Director, acting through the Hollings 
     Manufacturing Extension Partnership program, may work with 
     the National Defense Technology and Industrial Base Council 
     established by section 2502(a) of title 10, United States 
     Code, as the Director considers appropriate, to include in 
     the Database information regarding the defense manufacturing 
     supply chain.
       (h) Protections.--
       (1) In general.--Supply chain information that is 
     voluntarily and lawfully submitted by a private entity and 
     accompanied by an express statement described in paragraph 
     (2)--
       (A) shall be exempt from disclosure under section 552(b)(3) 
     of title 5, United States Code;
       (B) shall not be made available pursuant to any Federal, 
     State, local, or Tribal authority pursuant to any Federal, 
     State, local, or Tribal law requiring public disclosure of 
     information or records; and
       (C) shall not, without the written consent of the person or 
     entity submitting such information, be used directly by the 
     Director, or any other Federal, State, or local authority in 
     any civil enforcement action brought by a Federal, State, or 
     local authority.
       (2) Express statement.--The express statement described in 
     this paragraph, with respect to information or records, is--
       (A) in the case of written information or records, a 
     written marking on the information or records substantially 
     similar to the following: ``This information is voluntarily 
     submitted to the Federal Government in expectation of 
     protection from disclosure as provided by the provisions of 
     section [___](h) of the National Defense Authorization Act 
     for Fiscal Year 2022.''; or
       (B) in the case of oral information, a written statement 
     similar to the statement described in subparagraph (A) 
     submitted within a reasonable period following the oral 
     communication.
       (i) Rules of Construction.--
       (1) Private entities.--Nothing in this section shall be 
     construed to require any private entity to share data with 
     the Director specifically for to the Database.
       (2) Prohibition on new regulatory authority.--Nothing in 
     this section shall be construed to grant the Director, or the 
     head of any other Federal agency, with any authority to 
     promulgate regulations or set standards on manufacturers, 
     based on data within the Database, that was not in effect on 
     the day before the date of enactment of this section.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated--
       (1) $31,000,000 for fiscal year 2022 to develop and launch 
     the Database; and
       (2) $26,000,000 for each of fiscal years 2023 through 2026 
     to maintain, update, and support Federal coordination of the 
     State supply chain databases maintained by the Centers.
                                 ______
                                 
  SA 4279. 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, insert the following:

     TITLE _____--VIEQUES RECOVERY AND REDEVELOPMENT

     SEC. ___01. SHORT TITLE.

       This title may be cited as the ``Vieques Recovery and 
     Redevelopment Act''.

     SEC. ___02. FINDINGS.

       The Congress finds the following:
       (1) Vieques is an island municipality of Puerto Rico, 
     measuring approximately 21 miles long by 4 miles wide, and 
     located approximately 8 miles east of the main island of 
     Puerto Rico.
       (2) Prior to Hurricane Maria, residents of Vieques were 
     served by an urgent medical care facility, the Susana Centeno 
     Family Health Center, and residents had to travel off-island 
     to obtain medical services, including most types of emergency 
     care because the facility did not have the basic use of x-ray 
     machines, CT machines, EKG machines, ultrasounds, or PET 
     scans.
       (3) The predominant means of transporting passengers and 
     goods between Vieques and the main island of Puerto Rico is 
     by ferry boat service, and over the years, the efficiency of 
     this service has frequently been disrupted, unreliable, and 
     difficult for cancer patients to endure to receive treatment. 
     Each trip to Ceiba, Puerto Rico, for the cancer patient is an 
     additional out-of-pocket expense ranging from $120 to $200.
       (4) The United States Military maintained a presence on the 
     eastern and western portions of Vieques for close to 60 
     years, and used parts of the island as a training range 
     during those years, dropping over 80 million tons of ordnance 
     and other weaponry available to the United States military 
     since World War II.

[[Page S7812]]

       (5) The unintended, unknown, and unavoidable consequences 
     of these exercises were to expose Americans living on the 
     islands to the residue of that weaponry which includes heavy 
     metals and many other chemicals now known to harm human 
     health.
       (6) According to Government and independent documentation, 
     the island of Vieques has high levels of heavy metals and has 
     been exposed to chemical weapons and toxic chemicals. Since 
     the military activity in Vieques, island residents have 
     suffered from the health impacts from long-term exposure to 
     environmental contamination as a result of 62 years of 
     military operations, and have experienced higher rates of 
     certain diseases among residents, including cancer, 
     cirrhosis, hypertension, diabetes, heavy metal diseases, 
     along with many unnamed and uncategorized illnesses. These 
     toxic residues have caused the American residents of Vieques 
     to develop illnesses due to ongoing exposure.
       (7) In 2017, Vieques was hit by Hurricane Maria, an 
     unusually destructive storm that devastated Puerto Rico and 
     intensified the existing humanitarian crisis on the island by 
     destroying existing medical facilities.
       (8) The medical systems in place prior to Hurricane Maria 
     were unable to properly handle the health crisis that existed 
     due to the toxic residue left on the island by the military's 
     activities.
       (9) After Maria, the medical facility was closed due to 
     damage and continues to be unable to perform even the few 
     basic services that it did provide. Vieques needs a medical 
     facility that can treat and address the critical and urgent 
     need to get life-saving medical services to its residents. 
     Due to legal restrictions, the Federal Emergency Management 
     Agency (in this title referred to as ``FEMA'') is unable to 
     provide a hospital where its capabilities exceed the 
     abilities of the facility that existed prior to Maria; 
     therefore Vieques needs assistance to build a facility to 
     manage the vast health needs of its residents.
       (10) Every American has benefitted from the sacrifices of 
     those Americans who have lived and are living on Vieques and 
     it is our intent to acknowledge that sacrifice and to treat 
     those Americans with the same respect and appreciation that 
     other Americans enjoy.
       (11) In 2012, the residents of Vieques were denied the 
     ability to address their needs in Court due to sovereign 
     immunity, Sanchez v. United States, No. 3:09-cv-01260-DRD 
     (D.P.R.). However, the United States Court of Appeals for the 
     First Circuit referred the issue to Congress and urged it to 
     address the humanitarian crisis. This bill attempts to 
     satisfy that request such that Americans living on Vieques 
     have a remedy for the suffering they have endured.

     SEC. ___03. SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES 
                   FOR CERTAIN RESIDENTS OF THE ISLAND OF VIEQUES, 
                   PUERTO RICO.

       (a) In General.--An individual claimant who has resided on 
     the island of Vieques, Puerto Rico, for not less than 5 years 
     and files a claim for compensation under this section with 
     the Special Master, appointed pursuant to subsection (c), 
     shall be awarded monetary compensation as described in 
     subsection (b) if--
       (1) the Special Master determines that the claimant is or 
     was a resident, the child of a resident, or an immediate heir 
     (as determined by the laws of Puerto Rico) of a deceased 
     claimant on the island of Vieques, Puerto Rico, during or 
     after the United States Government used the island of 
     Vieques, Puerto Rico, for military readiness;
       (2) the claimant previously filed a lawsuit or an 
     administrative claim, or files a claim not later than 120 
     days after the date of the enactment of this Act against the 
     United States Government for personal injury, including 
     illness or death arising from use by the United States 
     Government of the island of Vieques for military readiness; 
     and
       (3) the claimant submits to the Special Master written 
     medical documentation that indicates the claimant contracted 
     a chronic, life-threatening, or physical disease or illness 
     limited to cancer, hypertension, cirrhosis, kidney disease, 
     diabetes, or a heavy metal poisoning during or after the 
     United States Government used the island of Vieques, Puerto 
     Rico, for military readiness.
       (b) Amounts of Award.--
       (1) In general.--A claimant who meets the requirements of 
     subsection (a) shall be awarded compensation as follows:
       (A) $50,000 for 1 disease described in subsection (a)(3).
       (B) $80,000 for 2 diseases described in subsection (a)(3).
       (C) $110,000 for 3 or more diseases described in subsection 
     (a)(3).
       (2) Increase in award.--In the case that an individual 
     receiving an award under paragraph (1) of this subsection 
     contracts another disease under subsection (a)(3) and files a 
     new claim with the Special Master for an additional award not 
     later than 10 years after the date of the enactment of this 
     Act, the Special Master may award the individual an amount 
     that is equal to the difference between--
       (A) the amount that the individual would have been eligible 
     to receive had the disease been contracted before the 
     individual filed an initial claim under subsection (a); and
       (B) the amount received by the individual pursuant to 
     paragraph (1).
       (3) Deceased claimants.--In the case of an individual who 
     dies before making a claim under this section or a claimant 
     who dies before receiving an award under this section, any 
     immediate heir to the individual or claimant, as determined 
     by the laws of Puerto Rico, shall be eligible for one of the 
     following awards:
       (A) Compensation in accordance with paragraph (1), divided 
     among any such heir.
       (B) Compensation based on the age of the deceased as 
     follows:
       (i) In the case of an individual or claimant who dies 
     before attaining 20 years of age, $110,000, divided among any 
     such heir.
       (ii) In the case of an individual or claimant who dies 
     before attaining 40 years of age, $80,000, divided among any 
     such heir.
       (iii) In the case of an individual or claimant who dies 
     before attaining 60 years of age, $50,000, divided among any 
     such heir.
       (c) Appointment of Special Master.--
       (1) In general.--The Attorney General shall appoint a 
     Special Master not later than 90 days after the date of the 
     enactment of this Act to consider claims by individuals and 
     the municipality.
       (2) Qualifications.--The Attorney General shall consider 
     the following in choosing the Special Master:
       (A) The individual's experience in the processing of 
     victims' claims in relation to foreign or domestic 
     governments.
       (B) The individual's balance of experience in representing 
     the interests of the United States and individual claimants.
       (C) The individual's experience in matters of national 
     security.
       (D) The individual's demonstrated abilities in 
     investigation and fact findings in complex factual matters.
       (E) Any experience the individual has had advising the 
     United States Government.
       (d) Award Amounts Related to Claims by the Municipality of 
     Vieques.--
       (1) Award.--The Special Master, in exchange for its 
     administrative claims, shall provide the following as 
     compensation to the Municipality of Vieques:
       (A) Staff.--The Special Master shall provide medical staff, 
     and other resources necessary to build and operate a level 
     three trauma center (in this section, referred to as 
     ``medical facility'') with a cancer center and renal dialysis 
     unit and its equipment. The medical facility shall be able to 
     treat life-threatening, chronic, heavy metal, and physical 
     and mental diseases. The medical facility shall be able to 
     provide basic x-ray, EKG, internal medicine expertise, 
     medical coordination personnel and case managers, ultrasound, 
     and resources necessary to screen claimants described in 
     subsection (a) who are receiving treatment for the diseases 
     or illnesses described in paragraph (3) of that subsection 
     for cancer and the other prevailing health problems.
       (B) Operations.--The Special Master shall fund the 
     operations of the medical facility to provide medical care 
     for pediatric and adult patients who reside on the island of 
     Vieques, allowing the patients to be referred for tertiary 
     and quaternary health care facilities when necessary, and 
     providing the transportation and medical costs when traveling 
     off the island of Vieques.
       (C) Administrative expertise.--The Special Master shall 
     ensure that the Administrator of FEMA provides all 
     administrative and technical expertise and oversight in the 
     bidding and construction of the facility but the design and 
     abilities of the hospital shall be determined by the Special 
     Master considering the medical and research needs of the 
     residents of the island of Vieques. All costs shall be part 
     of the municipality's compensation.
       (D) Interim services.--Before the medical facility on the 
     island of Vieques is operational, the Special Master shall 
     provide to claimants described in subsection (a) who are 
     receiving treatment for the diseases or illnesses described 
     in paragraph (3) of that subsection--
       (i) urgent health care air transport to hospitals on the 
     mainland of Puerto Rico from the island of Vieques;
       (ii) medical coordination personnel and case managers;
       (iii) telemedicine communication abilities; and
       (iv) any other services that are necessary to alleviate the 
     health crisis on the island of Vieques.
       (E) Screening.--The Special Master shall make available, at 
     no cost to the patient, medical screening for cancer, 
     cirrhosis, diabetes, and heavy metal contamination on the 
     island of Vieques.
       (F) Academic partner.--The Special Master shall appoint an 
     academic partner, with appropriate experience and an 
     established relationship with the Municipality of Vieques, 
     that shall--
       (i) lead a research and outreach endeavor on behalf of the 
     Municipality of Vieques;
       (ii) select the appropriate scientific expertise and 
     administer defined studies, conducting testing and evaluation 
     of the soils, seas, plant and animal food sources, and the 
     health of residents; and
       (iii) determine and implement the most efficient and 
     effective way to reduce the environmental toxins to a level 
     sufficient to return the soils, seas, food sources, and 
     health circumstances to a level that reduces the diseases on 
     the island of Vieques to the average in the United States.
       (G) Duties.--The Special Master shall provide amounts 
     necessary for the academic partner and medical coordinator to 
     carry out the duties described in subparagraphs (A) through 
     (D).

[[Page S7813]]

       (H) Procurement.--The Special Master shall provide amounts 
     necessary to compensate the Municipality of Vieques for--
       (i) contractual procurement obligations and additional 
     expenses incurred by the municipality as a result of the 
     enactment of this section and settlement of its claim; and
       (ii) any other damages and costs to be incurred by the 
     municipality, if the Special Master determines that it is 
     necessary to carry out the purpose of this section.
       (I) Power source.--The Special Master shall determine the 
     best source of producing independent power on the island of 
     Vieques that is hurricane resilient and can effectively 
     sustain the needs of the island and shall authorize such 
     construction as an award to the Municipality of Vieques.
       (2) Source.--
       (A) In general.--Except as provided in subparagraph (B), 
     amounts awarded under this title shall be made from amounts 
     appropriated under section 1304 of title 31, United States 
     Code, commonly known as the ``Judgment Fund'', as if claims 
     were adjudicated by a United States District Court under 
     section 1346(b) of title 28, United States Code.
       (B) Limitation.--Total amounts awarded under this title 
     shall not exceed $1,000,000,000.
       (3) Determination and payment of claims.--
       (A) Establishment of filing procedures.--The Attorney 
     General shall establish procedures whereby individuals and 
     the municipality may submit claims for payments under this 
     section to the Special Master.
       (B) Determination of claims.--The Special Master shall, in 
     accordance with this subsection, determine whether each claim 
     meets the requirements of this section. Claims filed by 
     residents of the island of Vieques that have been disposed of 
     by a court under chapter 171 of title 28, United States Code, 
     shall be treated as if such claims are currently filed.
       (e) Action on Claims.--The Special Master shall make a 
     determination on any claim filed under the procedures 
     established under this section not later than 150 days after 
     the date on which the claim is filed.
       (f) Payment in Full Settlement of Claims by Individuals and 
     the Municipality of Vieques Against the United States.--The 
     acceptance by an individual or the Municipality of Vieques of 
     a payment of an award under this section shall--
       (1) be final and conclusive;
       (2) be deemed to be in full satisfaction of all claims 
     under chapter 171 of title 28, United States Code; and
       (3) constitute a complete release by the individual or 
     municipality of such claim against the United States and 
     against any employee of the United States acting in the scope 
     of employment who is involved in the matter giving rise to 
     the claim.
       (g) Certification of Treatment of Payments Under Other 
     Laws.--Amounts paid to an individual under this section--
       (1) shall be treated for purposes of the laws of the United 
     States as damages for human suffering; and
       (2) may not be included as income or resources for purposes 
     of determining eligibility to receive benefits described in 
     section 3803(c)(2)(C) of title 31, United States Code, or the 
     amount of such benefits.
       (h) Limitation on Claims.--A claim to which this section 
     applies shall be barred unless the claim is filed within 15 
     years after the date of the enactment of this Act.
                                 ______
                                 
  SA 4280. Mr. SCHATZ (for himself, Ms. Ernst, Mr. Young, and Mrs. 
Gillibrand) submitted an amendment intended to be proposed to amendment 
SA 3867 submitted by Mr. Reed and intended to be proposed to the bill 
H.R. 4350, to authorize appropriations for fiscal year 2022 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 520B. TIGER TEAM FOR OUTREACH TO FORMER MEMBERS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the mission of the Department of Defense is to provide 
     the military forces needed to deter war and to protect the 
     security of the United States;
       (2) expanding outreach to veterans impacted by Don't Ask, 
     Don't Tell or a similar policy prior to the enactment of 
     Don't Ask, Don't Tell is important to closing a period of 
     history harmful to the creed of integrity, respect, and honor 
     of the military;
       (3) the Department is responsible for providing for the 
     review of a veteran's military record before the appropriate 
     discharge review board or, when more than 15 years has 
     passed, board of correction for military or naval records; 
     and
       (4) the Secretary of Defense should, wherever possible, 
     coordinate and conduct outreach to impacted veterans through 
     the veterans community and networks, including through the 
     Department of Veterans Affairs and veterans service 
     organizations, to ensure that veterans understand the review 
     processes that are available to them for upgrading military 
     records.
       (b) Establishment of Tiger Team.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     establish a team (commonly known as a ``tiger team'' and 
     referred to in this section as the ``Tiger Team'') 
     responsible for conducting outreach to build awareness among 
     former members of the Armed Forces of the process established 
     pursuant to section 527 of the National Defense Authorization 
     Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 1552 
     note) for the review of discharge characterizations by 
     appropriate discharge boards. The Tiger Team shall consist of 
     appropriate personnel of the Department of Defense assigned 
     to the Tiger Team by the Secretary for purposes of this 
     section.
       (2) Tiger team leader.--One of the persons assigned to the 
     Tiger Team under paragraph (1) shall be a senior-level 
     officer or employee of the Department who shall serve as the 
     lead official of the Tiger Team (in this section referred to 
     as the ``Tiger Team Leader'') and who shall be accountable 
     for the activities of the Tiger Team under this section,
       (3) Report on composition.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary shall 
     submit to Congress a report setting forth the names of the 
     personnel of the Department assigned to the Tiger Team 
     pursuant to this subsection, including the positions to which 
     assigned. The report shall specify the name of the individual 
     assigned as Tiger Team Leader.
       (c) Duties.--
       (1) In general.--The Tiger Team shall conduct outreach to 
     build awareness among veterans of the process established 
     pursuant to section 527 of the National Defense Authorization 
     Act for Fiscal Year 2020 for the review of discharge 
     characterizations by appropriate discharge boards.
       (2) Collaboration.--In conducting activities under this 
     subsection, the Tiger Team Leader shall identify appropriate 
     external stakeholders with whom the Tiger Team shall work to 
     carry out such activities. Such stakeholders shall include 
     the following:
       (A) The Secretary of Veterans Affairs.
       (B) The Archivist of the United States.
       (C) Representatives of veterans service organizations.
       (D) Such other stakeholders as the Tiger Team Leader 
     considers appropriate.
       (3) Initial report.--Not later than 210 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to Congress the following:
       (A) A plan setting forth the following:
       (i) A description of the manner in which the Secretary, 
     working through the Tiger Team and in collaboration with 
     external stakeholders described in paragraph (2), shall 
     identify individuals who meet the criteria in section 527(b) 
     of the National Defense Authorization Act for Fiscal Year 
     2020 for review of discharge characterization.
       (ii) A description of the manner in which the Secretary, 
     working through the Tiger Team and in collaboration with the 
     external stakeholders, shall improve outreach to individuals 
     who meet the criteria in section 527(b) of the National 
     Defense Authorization Act for Fiscal Year 2020 for review of 
     discharge characterization, including through--

       (I) obtaining contact information on such individuals; and
       (II) contacting such individuals on the process established 
     pursuant to section 527 of the National Defense Authorization 
     Act for Fiscal Year 2020 for the review of discharge 
     characterizations.

       (B) A description of the manner in which the work described 
     in clauses (i) and (ii) of subparagraph (A) will be carried 
     out, including an allocation of the work among the Tiger Team 
     and the external stakeholders.
       (C) A schedule for the implementation, carrying out, and 
     completion of the plan required under subparagraph (A).
       (D) A description of the additional funding, personnel, or 
     other resources of the Department required to carry out the 
     plan required under subparagraph (A), including any 
     modification of applicable statutory or administrative 
     authorities.
       (4) Implementation of plan.--
       (A) In general.--The Secretary shall implement and carry 
     out the plan submitted under subparagraph (A) of paragraph 
     (3) in accordance with the schedule submitted under 
     subparagraph (C) of that paragraph.
       (B) Updates.--Not less frequently than once every 90 days 
     after the submittal of the report under paragraph (3), the 
     Tiger Team shall submit to Congress an update on the carrying 
     out of the plan submitted under subparagraph (A) of that 
     paragraph.
       (5) Final report.--Not later than 3 years after the date of 
     the enactment of this Act, the Tiger Team shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a final report on the activities of the Tiger 
     Team under this subsection. The report shall set forth the 
     following:
       (A) The number of individuals discharged under Don't Ask, 
     Don't Tell or a similar policy prior to the enactment of 
     Don't Ask, Don't Tell.
       (B) The number of individuals described in subparagraph (A) 
     who availed themselves of a review of discharge 
     characterization (whether through discharge review or 
     correction of military records) through a process established 
     prior to the enactment of this Act.
       (C) The number of individuals contacted through outreach 
     conducted pursuant to this section.

[[Page S7814]]

       (D) The number of individuals described in subparagraph (A) 
     who availed themselves of a review of discharge 
     characterization through the process established pursuant to 
     section 527 of the National Defense Authorization Act for 
     Fiscal Year 2020.
       (E) The number of individuals described in subparagraph (D) 
     whose review of discharge characterization resulted in a 
     change of characterization to honorable discharge.
       (F) The total number of individuals described in 
     subparagraph (A), including individuals also covered by 
     subparagraph (E), whose review of discharge characterization 
     since September 20, 2011 (the date of repeal of Don't Ask, 
     Don't Tell), resulted in a change of characterization to 
     honorable discharge.
       (6) Termination.--On the date that is 60 days after the 
     date on which the final report required by paragraph (5) is 
     submitted, the Secretary shall terminate the Tiger Team.
       (d) Additional Reports.--
       (1) Review.--The Secretary of Defense shall conduct a 
     review of the consistency and uniformity of the reviews 
     conducted pursuant to section 527 of the National Defense 
     Authorization Act for Fiscal Year 2020.
       (2) Reports.--Not later than 270 days after the date of the 
     enactment of this Act, and each year thereafter for a four-
     year period, the Secretary shall submit to Congress a report 
     on the reviews under paragraph (1). Such reports shall 
     include any comments or recommendations for continued 
     actions.
       (e) Relief for Impacted Former Members.--
       (1) Review of discharge.--
       (A) In general.--The Secretary of Defense shall review and 
     update existing guidance to ensure that the appropriate 
     discharge board for the military departments concerned shall 
     review a discharge characterization of the covered member as 
     required under section 527 of the National Defense 
     Authorization Act for Fiscal Year 2020 at the request of a 
     covered member, or their representative, notwithstanding any 
     requirements to provide documentation necessary to initiate a 
     review of a discharge characterization.
       (B) Exception.--The appropriate discharge board for the 
     military departments concerned shall not be required to 
     initiate a request for a review of a discharge as described 
     in subparagraph (A) if there is evidence available to the 
     discharge board that is unrelated to the material request of 
     the covered member or their representative but that would 
     have reasonably substantiated the military department's 
     discharge decision.
       (2) Veterans benefits.--
       (A) Effective date of change of characterization for 
     veterans benefits.--For purposes of the provision of benefits 
     to which veterans are entitled under the laws administered by 
     the Secretary of Veterans Affairs to a covered member whose 
     discharge characterization is changed pursuant to section 527 
     of the National Defense Authorization Act for Fiscal Year 
     2020 (Public Law 116-92; 10 U.S.C. 1552 note), the date of 
     discharge of the member from the Armed Forces shall be deemed 
     to be the effective date of the change of discharge 
     characterization under that section.
       (B) Rule of construction.--Nothing in this paragraph shall 
     be construed to authorize any benefit to a covered member in 
     connection with the change of discharge characterization of 
     the member under section 527 of the National Defense 
     Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 
     U.S.C. 1552 note) for any period before the effective date of 
     the change of discharge characterization.
       (f) Historical Reviews.--
       (1) In general.--The Secretary of each military department 
     shall ensure that oral historians of the department, in 
     coordination with the chief of the personnel division for the 
     military department concerned--
       (A) review the facts and circumstances surrounding the 
     estimated 100,000 members of the Armed Forces discharged from 
     the Armed Forces between World War II and September 2011 
     because of the sexual orientation of the member, including 
     any use of ambiguous or misleading separation codes and 
     characterizations intended to disguise the discriminatory 
     basis of such members' discharge; and
       (B) receive oral testimony of individuals who personally 
     experienced discrimination and discharge because of the 
     actual or perceived sexual orientation of the individual so 
     that such testimony may serve as an official record of these 
     discriminatory policies and their impact on American lives.
       (2) Deadline for completion.--Each Secretary of a military 
     department shall ensure that the oral historians concerned 
     complete the actions required by paragraph (1) by not later 
     than two years after the date of the enactment of this Act.
       (3) Uses of information.--Information obtained through 
     actions under paragraph (1) shall be available to members 
     described in that paragraph for pursuit by such members of a 
     remedy under section 527 of the National Defense 
     Authorization Act for Fiscal Year 2020 in accordance with 
     regulations prescribed for such purpose by the Secretary of 
     the military department concerned.
       (g) Don't Ask, Don't Tell Defined.--In this section, the 
     term ``Don't Ask, Don't Tell'' means section 654 of title 10, 
     United States Code, as in effect before such section was 
     repealed pursuant to the Don't Ask, Don't Tell Repeal Act of 
     2010 (Public Law 111-321).
                                 ______
                                 
  SA 4281. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. ESTABLISHMENT OF STRUCTURE AND AUTHORITIES TO 
                   ADDRESS UNIDENTIFIED AERIAL PHENOMENA.

       (a) Establishment of Anomaly Surveillance and Resolution 
     Office.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall, in 
     coordination with the Director of National Intelligence, 
     establish an office within an appropriate component of the 
     Department of Defense, or within a joint organization of the 
     Department of Defense and the Office of the Director of 
     National Intelligence, to assume--
       (A) the duties of the Unidentified Aerial Phenomenon Task 
     Force, as in effect on the day before the date of the 
     enactment of this Act; and
       (B) such other duties as are required by this section.
       (2) Designation.--The office established under paragraph 
     (1) shall be known as the ``Anomaly Surveillance and 
     Resolution Office'' (in this section referred to as the 
     ``Office'').
       (3) Termination or subordination of prior task force.--Upon 
     the establishment of the Anomaly Surveillance and Resolution 
     Office, the Secretary shall terminate the Unidentified Aerial 
     Phenomenon Task Force or subordinate it to the Office.
       (b) Facilitation of Reporting and Data Sharing.--The 
     Director and the Secretary shall each, in coordination with 
     each other, require that--
       (1) each element of the intelligence community and the 
     Department, with any data that may be relevant to the 
     investigation of unidentified aerial phenomena, make such 
     data available immediately to the Office; and
       (2) military and civilian personnel employed by or under 
     contract to the Department or an element of the intelligence 
     community shall have access to procedures by which they shall 
     report incidents or information, including adverse 
     physiological effects, involving or associated with 
     unidentified aerial phenomena directly to the Office.
       (c) Duties.--The duties of the Office established under 
     subsection (a) shall include the following:
       (1) Developing procedures to synchronize and standardize 
     the collection, reporting, and analysis of incidents, 
     including adverse physiological effects, regarding 
     unidentified aerial phenomena across the Department and 
     intelligence community.
       (2) Developing processes and procedures to ensure that such 
     incidents from each component of the Department and each 
     element of the intelligence community are reported and 
     incorporated in a centralized repository.
       (3) Establishing procedures to require the timely and 
     consistent reporting of such incidents.
       (4) Evaluating links between unidentified aerial phenomena 
     and adversarial foreign governments, other foreign 
     governments, or nonstate actors.
       (5) Evaluating the threat that such incidents present to 
     the United States.
       (6) Coordinating with other departments and agencies of the 
     Federal Government, as appropriate, including the Federal 
     Aviation Administration, the National Aeronautics and Space 
     Administration, the Department of Homeland Security, the 
     National Oceanic and Atmospheric Administration, and the 
     Department of Energy.
       (7) Coordinating with allies and partners of the United 
     States, as appropriate, to better assess the nature and 
     extent of unidentified aerial phenomena.
       (8) Preparing reports for Congress, in both classified and 
     unclassified form, as required by subsections (h) and (i).
       (d) Employment of Line Organizations for Field 
     Investigations of Unidentified Aerial Phenomena.--
       (1) In general.--The Director and the Secretary shall each, 
     in coordination with each other, designate line organizations 
     within the Department of Defense and the intelligence 
     community that possess appropriate expertise, authorities, 
     accesses, data, systems, platforms, and capabilities to 
     rapidly respond to, and conduct field investigations of, 
     incidents involving unidentified aerial phenomena under the 
     direction of the Office.
       (2) Personnel, equipment, and resources.--The Director and 
     the Secretary shall take such actions as may be necessary to 
     ensure that the designated organization or organizations have 
     available adequate personnel with requisite expertise, 
     equipment, transportation, and other resources necessary to 
     respond rapidly to incidents or patterns of observations of 
     unidentified aerial phenomena of which the Office becomes 
     aware.
       (e) Utilization of Line Organizations for Scientific, 
     Technological, and Operational Analyses of Data on 
     Unidentified Aerial Phenomena.--

[[Page S7815]]

       (1) In general.--The Director and the Secretary shall each, 
     in coordination with each other, designate one or more line 
     organizations that will be primarily responsible for 
     scientific, technical, and operational analysis of data 
     gathered by field investigations conducted under subsection 
     (d), or data from other sources, including testing of 
     materials, medical studies, and development of theoretical 
     models to better understand and explain unidentified aerial 
     phenomena.
       (2) Authority.--The Director and the Secretary shall 
     promulgate such directives as necessary to ensure that the 
     designated line organizations have authority to draw on 
     special expertise of persons outside the Federal Government 
     with appropriate security clearances.
       (f) Intelligence Collection and Analysis Plan.--
       (1) In general.--The head of the Office shall supervise the 
     development and execution of an intelligence collection and 
     analysis plan on behalf of the Secretary and the Director to 
     gain as much knowledge as possible regarding the technical 
     and operational characteristics, origins, and intentions of 
     unidentified aerial phenomena, including the development, 
     acquisition, deployment, and operation of technical 
     collection capabilities necessary to detect, identify, and 
     scientifically characterize unidentified aerial phenomena.
       (2) Use of resources and capabilities.--In developing the 
     plan required by paragraph (1), the head of the Office shall 
     consider and propose, as appropriate, the use of any 
     resource, capability, asset, or process of the Department and 
     the intelligence community.
       (g) Science Plan.--The head of the Office shall supervise 
     the development and execution of a science plan on behalf of 
     the Secretary and the Director to develop and test, as 
     practicable, scientific theories to account for 
     characteristics and performance of unidentified aerial 
     phenomena that exceed the known state of the art in science 
     or technology, including in the areas of propulsion, 
     aerodynamic control, signatures, structures, materials, 
     sensors, countermeasures, weapons, electronics, and power 
     generation, and to provide the foundation for potential 
     future investments to replicate any such advanced 
     characteristics and performance.
       (h) Assignment of Priority.--The Director, in consultation 
     with the Secretary, shall assign an appropriate level of 
     priority within the National Intelligence Priorities 
     Framework to the requirement to understand, characterize, and 
     respond to unidentified aerial phenomena.
       (i) Use of Authorized and Appropriated Funds.--The 
     obtaining and analysis of data relating to unidentified 
     aerial phenomena is a legitimate use of funds authorized and 
     appropriated to Department and elements of the intelligence 
     community for--
       (1) general intelligence gathering and intelligence 
     analysis;
       (2) strategic defense, space defense, defense of controlled 
     air space, defense of ground, air, or naval assets, and 
     related purposes; and
       (3) any additional existing funding sources as may be so 
     designated by the Secretary or the Director.
       (j) Annual Report.--
       (1) Requirement.--Not later than October 31, 2022, and 
     annually thereafter until October 31, 2026, the Director, in 
     consultation with the Secretary, shall submit to the 
     appropriate committees of Congress a report on unidentified 
     aerial phenomena.
       (2) Elements.--Each report under paragraph (1) shall 
     include, with respect to the year covered by the report, the 
     following information:
       (A) An analysis of data and intelligence received through 
     reports of unidentified aerial phenomena.
       (B) An analysis of data relating to unidentified aerial 
     phenomena collected through--
       (i) geospatial intelligence
       (ii) signals intelligence;
       (iii) human intelligence; and
       (iv) measurement and signals intelligence.
       (C) The number of reported incidents of unidentified aerial 
     phenomena over restricted air space of the United States.
       (D) An analysis of such incidents identified under 
     subparagraph (C).
       (E) Identification of potential aerospace or other threats 
     posed by unidentified aerial phenomena to the national 
     security of the United States.
       (F) An assessment of any activity regarding unidentified 
     aerial phenomena that can be attributed to one or more 
     adversarial foreign governments.
       (G) Identification of any incidents or patterns regarding 
     unidentified aerial phenomena that indicate a potential 
     adversarial foreign government may have achieved a 
     breakthrough aerospace capability.
       (H) An update on the coordination by the United States with 
     allies and partners on efforts to track, understand, and 
     address unidentified aerial phenomena.
       (I) An update on any efforts to capture or exploit 
     discovered unidentified aerial phenomena.
       (J) An assessment of any health-related effects for 
     individuals who have encountered unidentified aerial 
     phenomena.
       (K) The number of reported incidents, and descriptions 
     thereof, of unidentified aerial phenomena associated with 
     military nuclear assets, including strategic nuclear weapons 
     and nuclear-powered ships and submarines.
       (L) In consultation with the Administrator of the National 
     Nuclear Security Administration, the number of reported 
     incidents, and descriptions thereof, of unidentified aerial 
     phenomena associated with facilities or assets associated 
     with the production, transportation, or storage of nuclear 
     weapons or components thereof.
       (M) In consultation with the Chairman of the Nuclear 
     Regulatory Commission, the number of reported incidents, and 
     descriptions thereof, of unidentified aerial phenomena or 
     drones of unknown origin associated with nuclear power 
     generating stations, nuclear fuel storage sites, or other 
     sites or facilities regulated by the Nuclear Regulatory 
     Commission.
       (N) The names of the line organizations that have been 
     designated to perform the specific functions imposed by 
     subsections (d) and (e) of this section, and the specific 
     functions for which each such line organization has been 
     assigned primary responsibility.
       (3) Form.-- Each report submitted under paragraph (1) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (k) Semiannual Briefings.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act and not less frequently than 
     semiannually thereafter until December 31, 2026, the head of 
     the Office shall provide the classified briefings on 
     unidentified aerial phenomena to--
       (A) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (2) First briefing.--The first briefing provided under 
     paragraph (1) shall include all incidents involving 
     unidentified aerial phenomena that were reported to the 
     Unidentified Aerial Phenomena Task Force or to the Office 
     after June 24, 2021, regardless of the date of occurrence of 
     the incident.
       (3) Subsequent briefings.--Each briefing provided 
     subsequent to the first briefing described in paragraph (2) 
     shall include, at a minimum, all events relating to 
     unidentified aerial phenomena that occurred during the 
     previous 180 days, and events relating to unidentified aerial 
     phenomena that were not included in an earlier briefing due 
     to delay in an incident reaching the reporting system or 
     other such factors.
       (4) Instances in which data was not shared.--For each 
     briefing period, the Chairman and Vice Chairman or Ranking 
     Member of the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate and the Committee on 
     Armed Services and the Permanent Select Committee on 
     Intelligence of the House of Representatives shall receive an 
     enumeration of any instances in which data related to 
     unidentified aerial phenomena was denied to the Office 
     because of classification restrictions on that data or for 
     any other reason.
       (l) Aerial and Transmedium Phenomena Advisory Committee.--
       (1) Establishment.--(A) Not later than October 1, 2022, the 
     Secretary and the Director shall establish an advisory 
     committee for the purpose of--
       (i) advising the Office in the execution of the duties of 
     the Office as provided by this subsection; and
       (ii) advising the Director regarding the gathering and 
     analysis of data, and scientific research and development 
     pertaining to unidentified aerial phenomena.
       (B) The advisory committee established under subparagraph 
     (A) shall be known as the ``Aerial and Transmedium Phenomena 
     Advisory Committee'' (in this subparagraph the 
     ``Committee'').
       (2) Membership.--(A) Subject to subparagraph (B), the 
     Committee shall be composed of the following:
       (i) 20 members as follows:
       (I) Three persons appointed by the Administrator of the 
     National Astronautics and Space Administration.
       (II) Two persons appointed by the Administrator of the 
     Federal Aviation Administration.
       (III) Two persons appointed by the President of the 
     National Academies of Sciences.
       (IV) Two persons appointed by the President of the National 
     Academy of Engineering.
       (V) One person appointed by the President of the National 
     Academy of Medicine.
       (VI) Three persons appointed by the Director of the Galileo 
     Project at Harvard University.
       (VII) Two persons appointed by the Board of Directors of 
     the Scientific Coalition for Unidentified Aerospace Phenomena 
     Studies.
       (VIII) Two persons appointed by the President of the 
     American Institute of Astronautics and Aeronautics.
       (IX) Two persons appointed by the Director of the Optical 
     Technology Center at Montana State University.
       (X) One person appointed by the president of the American 
     Society for Photogrammetry and Remote Sensing.
       (ii) Up to five additional members, as the Secretary and 
     the Director jointly consider appropriate, selected from 
     among individuals with requisite expertise, at least 3 of 
     whom shall not be employees of any Federal Government agency 
     or Federal Government contractor.
       (B) No individual may be appointed to the Committee under 
     subparagraph (A) unless the Secretary and the Directly 
     jointly determine that the individual--
       (i) qualifies for a security clearance at the secret level 
     or higher;

[[Page S7816]]

       (ii) possesses scientific, medical, or technical expertise 
     pertinent to some aspect of the investigation and analysis of 
     unidentified aerial phenomena; and
       (iii) has previously conducted research or writing that 
     demonstrates scientific, technological, or operational 
     knowledge regarding aspects of the subject matter, including 
     propulsion, aerodynamic control, signatures, structures, 
     materials, sensors, countermeasures, weapons, electronics, 
     power generation, field investigations, forensic examination 
     of particular cases, analysis of open source and classified 
     information regarding domestic and foreign research and 
     commentary, and historical information pertaining to 
     unidentified aerial phenomena.
       (C) The Secretary and Director may terminate the membership 
     of any individual on the Committee upon a finding by the 
     Secretary and the Director jointly that the member no longer 
     meets the criteria specified in this subsection.
       (3) Chairperson.--The Secretary and Director shall jointly 
     designate a temporary Chairperson of the Committee, but at 
     the earliest practicable date the Committee shall elect a 
     Chairperson from among its members, who will serve a term of 
     2 years, and is eligible for re-election.
       (4) Expert assistance, advice, and recommendations.--(A) 
     The Committee may, upon invitation of the head of the Office, 
     provide expert assistance or advice to any line organization 
     designated to carry out field investigations or data analysis 
     as authorized by subsections (d) and (e).
       (B) The Committee, on its own initiative, or at the request 
     of the Director, the Secretary, or the head of the Office, 
     may provide advice and recommendations regarding best 
     practices with respect to the gathering and analysis of data 
     on unidentified aerial phenomena in general, or commentary 
     regarding specific incidents, cases, or classes of 
     unidentified aerial phenomena.
       (5) Report.--Not later than December 31, 2022, and not 
     later than December 31 of each year thereafter, the Committee 
     shall submit a report summarizing its activities and 
     recommendations to the following:
       (A) The Director.
       (B) The Secretary.
       (C) The head of the Office.
       (D) The Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate.
       (E) The Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (6) Relation to faca.--For purposes of the Federal Advisory 
     Committee Act (5 U.S.C. App.), the Committee shall be 
     considered an advisory committee (as defined in section 3 of 
     such Act, except as otherwise provided in the section or as 
     jointly deemed warranted by the Secretary and the Director 
     under section 4(b)(3) of such Act.
       (7) Termination of committee.--The Committee shall 
     terminate on the date that is six years after the date of the 
     establishment of the Committee.
       (m) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Select Committee 
     on Intelligence, and the Committee on Foreign Relations of 
     the Senate; and
       (B) the Committee on Armed Services, the Permanent Select 
     Committee on Intelligence, and the Committee on Foreign 
     Affairs of the House of Representatives.
       (2) The term ``intelligence community'' has the meaning 
     given such term in section 3 of the National Security Act of 
     1947 (50 U.S.C. 3003).
       (3) The term ``transmedium objects or devices'' means 
     objects or devices that are observed to transition between 
     space and the atmosphere, or between the atmosphere and 
     bodies of water, that are not immediately identifiable.
       (4) The term ``unidentified aerial phenomena'' means--
       (A) airborne objects that are not immediately identifiable;
       (B) transmedium objects or devices; and
       (C) submerged objects or devices that are not immediately 
     identifiable and that display behavior or performance 
     characteristics suggesting that they may be related to the 
     subjects described in subparagraph (A) or (B).
                                 ______
                                 
  SA 4282. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1054. COMBATING TRAFFICKING OF CUBAN DOCTORS.

       (a) Short Title.--This section may be cited as the 
     ``Combating Trafficking of Cuban Doctors Act of 2021''.
       (b) Findings.--Congress makes the following findings:
       (1) The Department of State's 2020 Trafficking in Persons 
     report ranked Cuba in Tier 3 and included evidence regarding 
     Cuba's foreign medical missions and the Government of Cuba's 
     longstanding failure to criminalize most forms of forced 
     labor, specifically noting allegations that Cuban authorities 
     coerced participants to remain in foreign medical missions 
     by--
       (A) ``withholding their passports and medical 
     credentials'';
       (B) ``using `minders' to conduct surveillance of 
     participants outside of work'';
       (C) ``restricting their movement'';
       (D) ``retaliat[ing] against their family members in Cuba if 
     participants leave the program''; or
       (E) ``impos[ing] criminal penalties, exile, and family 
     separation if participants do not return to Cuba as directed 
     by government supervisors''.
       (2) Since the outbreak of the COVID-19 pandemic in early 
     2020, the Government of Cuba has deployed approximately 1,500 
     medical personnel to at least 20 countries.
       (3) The United Nations Special Rapporteur on contemporary 
     forms of slavery and the United Nations Special Rapporteur on 
     trafficking in persons, especially women and children, in 
     their letter to the Government of Cuba on November 6, 2019--
       (A) noted reports of coercive labor practices through the 
     Government of Cuba's foreign medical missions;
       (B) highlighted reports by Cuban medical professionals that 
     they received regular threats from Cuban officials while 
     working overseas, including sexual harassment of women; and
       (C) expressed concern that the practices referred to in 
     subparagraphs (A) and (B) constitute slavery and trafficking 
     in persons.
       (4) In 2019, the Government of Cuba maintained an estimated 
     34,000 to 50,000 medical personnel in more than 60 countries 
     under conditions that represent forced labor, according to 
     the Department of State.
       (5) The Government of Cuba realized profits in excess of 
     $6,300,000,000 during 2018 from exporting the services of 
     Cuban professionals, of which foreign medical missions 
     represent the majority of the services and income.
       (6) The term ``severe forms of trafficking in persons'' is 
     defined under section 103(11)(B) of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7102(11)(B)) as ``the 
     recruitment, harboring, transportation, provision, or 
     obtaining of a person for labor or services, through the use 
     of force, fraud, or coercion for the purpose of subjection to 
     involuntary servitude, peonage, debt bondage, or slavery''.
       (c) Sense of Congress.--It is the sense of Congress that--
       (1) the Government of Cuba subjects Cuban doctors and other 
     medical professionals to state-sponsored human trafficking; 
     and
       (2) the Government of Cuba should immediately and 
     transparently respond to requests for information from the 
     United Nations Special Rapporteur on contemporary forms of 
     slavery and the United Nations Special Rapporteur on 
     trafficking in persons, especially women and children.
       (d) Annual Report.--Not later than 180 days after the date 
     of the enactment of this Act and annually thereafter until 
     the date specified in subsection (f), the Secretary of State 
     shall submit a report to the Committee on Foreign Relations 
     of the Senate and the Committee on Foreign Affairs of the 
     House of Representatives that--
       (1) identifies the countries that are hosting Cuban medical 
     personnel who are participating in foreign medical missions 
     for the Government of Cuba;
       (2) to the extent feasible, includes an estimate of--
       (A) the number of Cuban medical personnel in each country; 
     and
       (B) the value of the financial arrangement between the 
     Government of Cuba and the host country government;
       (3) describes the conditions in each country under which 
     Cuban medical personnel live and work; and
       (4) describes the role of any international organization in 
     each country hosting Cuban medical personnel.
       (e) Determination on Human Trafficking.--In each report 
     submitted pursuant to subsection (d), the Secretary of State 
     shall determine whether--
       (1) the Cuban medical personnel in each country identified 
     in the report are subjected to conditions that qualify as 
     severe forms of trafficking in persons (as defined in section 
     103(11) of the Trafficking Victims Protection Act of 2000 (22 
     U.S.C. 7102(11))); and
       (2) Cuba's foreign medical missions program constitutes 
     proof of failure to make significant efforts to bring the 
     Government of Cuba into compliance with the minimum standards 
     for the elimination of trafficking in persons (as determined 
     under section 108 of the Trafficking Victims Protection Act 
     of 2000 (22 U.S.C. 7106)).
       (f) Sunset.--The Secretary of State is not required to 
     submit the report otherwise required under subsection (d) 
     after the date on which the Secretary submits a second 
     consecutive annual report under such paragraph that includes 
     a determination under subsection (e) that Cuban medical 
     personnel are no longer subjected to trafficking in persons.
                                 ______
                                 
  SA 4283. 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

[[Page S7817]]

of Defense, for military construction, and for defense activities of 
the Department of Energy, to 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 AND DETERMINATION WITH RESPECT TO 
                   EXPORTS BY THE REPUBLIC OF TURKEY OF UNMANNED 
                   AERIAL VEHICLES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     coordination with the Secretary of Defense, shall submit to 
     the appropriate committees of Congress the following:
       (1) A report on exports by the Republic of Turkey of 
     unmanned aerial vehicles, including the Bayraktar TB2, that 
     includes--
       (A) an identification of the destinations and quantity of 
     such exports since 2018;
       (B) a description of any pending sale of unmanned aerial 
     vehicles by the Republic of Turkey; and
       (C) an assessment of whether Turkish unmanned aerial 
     vehicles contain parts or technology manufactured by United 
     States entities or affiliates.
       (2) A determination with respect to whether exports of 
     unmanned aerial vehicles by the Republic of Turkey constitute 
     a violation of--
       (A) the Arms Export Control Act (22 U.S.C. 2751 et seq.);
       (B) any other applicable law; or
       (C) United States sanctions policy.
       (b) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives.
                                 ______
                                 
  SA 4284. Mr. SASSE (for himself, Mr. Warner, and Mr. Rubio) submitted 
an amendment intended to be proposed to amendment SA 3867 submitted by 
Mr. Reed and intended to be proposed to the bill H.R. 4350, to 
authorize appropriations for fiscal year 2022 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to 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. ___. IMPROVEMENTS RELATING TO STEERING COMMITTEE ON 
                   EMERGING TECHNOLOGY AND NATIONAL SECURITY 
                   THREATS.

       Section 236 of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283), is amended--
       (1) in subsection (a), by striking ``may'' and inserting 
     ``and the Director of National Intelligence may jointly'';
       (2) in subsection (b), by--
       (A) by striking paragraphs (3) through (8); and
       (B) by inserting after paragraph (2) the following:
       ``(3) The Principal Deputy Director of National 
     Intelligence.
       ``(4) Such other officials of the Department of Defense and 
     intelligence community as the Secretary of Defense and the 
     Director of National Intelligence jointly determine 
     appropriate.'';
       (3) by redesignating subsections (c) through (e) as 
     subsections (d) through (f), respectively;
       (4) by inserting after subsection (b) the following:
       ``(c) Leadership.--The Steering Committee shall be chaired 
     by the Deputy Secretary of Defense, the Vice Chairman of the 
     Joint Chiefs of Staff, and the Principal Deputy Director of 
     National Intelligence jointly.'';
       (5) in subsection (d), as redesignated by paragraph (3)--
       (A) in paragraph (1)--
       (i) by striking ``a strategy'' and inserting 
     ``strategies'';
       (ii) by inserting ``and intelligence community'' after 
     ``United States military''; and
       (iii) by inserting ``and National Intelligence Strategy, 
     and consistent with the National Security Strategy'' after 
     ``National Defense Strategy'';
       (B) inserting in paragraph (3)--
       (i) in the matter before subparagraph (A), by inserting 
     ``and the Director of National Intelligence'' after ``the 
     Secretary of Defense'';
       (ii) in subparagraph (A), by striking ``strategy'' and 
     inserting ``strategies'';
       (iii) in subparagraph (D), by striking ``; and'' and 
     inserting a semicolon;
       (iv) by redesignating subparagraph (E) as subparagraph (F); 
     and
       (v) by inserting after subparagraph (D) the following:
       ``(E) any changes to the guidance for developing the 
     National Intelligence Program budget required by section 
     102A(c)(1)(A) of the National Security Act of 1947 (50 U.S.C. 
     3024(c)(1)(A)), that may be required to implement the 
     strategies under paragraph (1); and''; and
       (vi) in subparagraph (F), as redesignated by clause (iv), 
     by inserting ``and the intelligence community'' after 
     ``Department of Defense''; and
       (C) in paragraph (4), by inserting ``and Director of 
     National Intelligence, jointly'' after ``Secretary of 
     Defense'';
       (6) by amending subsection (e), as redesignated by 
     paragraph (3), to read as follows:
       ``(e) Definitions.--In this section:
       ``(1) The term `emerging technology' means technology 
     determined to be in an emerging phase of development by the 
     Secretary, including quantum information science and 
     technology, data analytics, artificial intelligence, 
     autonomous technology, advanced materials, software, high 
     performance computing, robotics, directed energy, 
     hypersonics, biotechnology, medical technologies, and such 
     other technology as may be identified by the Secretary.
       ``(2) The term `intelligence community' has the meaning 
     given such term in section 3 of the National Security Act of 
     1947 (50 U.S.C. 3003).''; and
       (7) in subsection (f), as redesignated by paragraph (3), by 
     striking ``October 1, 2024'' and inserting ``October 1, 
     2025''.
                                 ______
                                 
  SA 4285. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to 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--Protecting Taiwan From Invasion

     SECTION 1291. SHORT TITLE.

       This subtitle may be cited as the ``Taiwan Invasion 
     Prevention Act''.

     CHAPTER 1--AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES

     SEC. 1292. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress finds the following:
       (1) Taiwan is a free and prosperous democracy of nearly 
     24,000,000 people and is an important contributor to peace 
     and stability around the world.
       (2) Section 2(b) of the Taiwan Relations Act (Public Law 
     96-8; 22 U.S.C. 3301(b)) states that it is the policy of the 
     United States--
       (A) ``to preserve and promote extensive, close, and 
     friendly commercial, cultural, and other relations between 
     the people of the United States and the people on Taiwan, as 
     well as the people on the China mainland and all other 
     peoples of the Western Pacific area'';
       (B) ``to declare that peace and stability in the area are 
     in the political, security, and economic interests of the 
     United States, and are matters of international concern'';
       (C) ``to make clear that the United States decision to 
     establish diplomatic relations with the People's Republic of 
     China rests upon the expectation that the future of Taiwan 
     will be determined by peaceful means'';
       (D) ``to consider any effort to determine the future of 
     Taiwan by other than peaceful means, including by boycotts or 
     embargoes, a threat to the peace and security of the Western 
     Pacific area and of grave concern to the United States'';
       (E) ``to provide Taiwan with arms of a defensive 
     character''; and
       (F) ``to maintain the capacity of the United States to 
     resist any resort to force or other forms of coercion that 
     would jeopardize the security, or the social or economic 
     system, of the people on Taiwan''.
       (3) Since the election of President Tsai Ing-wen as 
     President of Taiwan in 2016, the Government of the People's 
     Republic of China has intensified its efforts to pressure 
     Taiwan through diplomatic isolation and military 
     provocations.
       (4) The rapid modernization of the People's Liberation Army 
     and recent military maneuvers in and around the Taiwan Strait 
     illustrate a clear threat to Taiwan's security.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) both the United States and Taiwan have made significant 
     strides since 1979 in bolstering their defense relationship;
       (2) the People's Republic of China has dramatically 
     increased the capability of its military forces since 1979;
       (3) the People's Republic of China has in recent years 
     increased the use of its military forces to harass and 
     provoke Taiwan with the threat of overwhelming force; and
       (4) it is the policy of the United States to consider any 
     effort to determine the future of Taiwan by anything other 
     than peaceful means, including by boycotts or embargoes, a 
     threat to the peace and security of the Western Pacific area, 
     and of grave concern to the United States.

     SEC. 1293. AUTHORIZATION FOR USE OF UNITED STATES ARMED 
                   FORCES.

       (a) In General.--The President is authorized to use the 
     Armed Forces of the United States and take such other 
     measures as the President determines to be necessary and 
     appropriate in order to secure and protect Taiwan against--
       (1) a direct armed attack by the military forces of the 
     People's Republic of China against the military forces of 
     Taiwan;

[[Page S7818]]

       (2) the taking of territory under the effective 
     jurisdiction of Taiwan by the military forces of the People's 
     Republic of China; or
       (3) the endangering of the lives of members of the military 
     forces of Taiwan or civilians within the effective 
     jurisdiction of Taiwan in cases in which such members or 
     civilians have been killed or are in imminent danger of being 
     killed.
       (b) War Powers Resolution Requirements.--
       (1) Specific statutory authorization.--Consistent with 
     section 8(a)(1) of the War Powers Resolution (50 U.S.C. 
     1547(a)(1)), Congress declares that this section is intended 
     to constitute specific statutory authorization within the 
     meaning of section 5(b) of the War Powers Resolution (50 
     U.S.C. 1544(b)).
       (2) Applicability of other requirements.--Nothing in this 
     subtitle may be construed to supersede any requirement of the 
     War Powers Resolution (50 U.S.C. 1541 et seq.).
       (c) Sense of Congress.--It is the sense of Congress that, 
     at the earliest possible date after the date of the enactment 
     of this subtitle, the President should release a public 
     declaration that it is the policy of the United States to 
     secure and protect Taiwan against any action of the People's 
     Republic of China described in paragraph (1), (2), or (3) of 
     subsection (a).
       (d) Statement of Policy.--It is the policy of the United 
     States to demand that the People's Republic of China 
     officially renounce the use or threat of military force in 
     any attempt to unify with Taiwan.
       (e) Authorization Period.--
       (1) In general.--The authorization for use of the Armed 
     Forces under this section shall expire on the date that is 5 
     years after the date of the enactment of this Act.
       (2) Sense of congress.--It is the sense of Congress that 
     the authorization for use of the Armed Forces under this 
     section should be reauthorized by a subsequent Act of 
     Congress.

                        CHAPTER 2--OTHER MATTERS

     SEC. 1294. REGIONAL SECURITY DIALOGUE TO IMPROVE SECURITY 
                   RELATIONSHIPS IN THE WESTERN PACIFIC AREA.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     coordination with the Secretary of State and the heads of 
     other relevant Federal agencies, as appropriate, shall seek 
     to convene, on an annual basis, a regional security dialogue 
     with the Government of Taiwan and the governments of like-
     minded security partners to improve the security 
     relationships among the United States and such countries in 
     the Western Pacific area.
       (b) Matters To Be Included.--The regional security dialogue 
     may consider matters relating to--
       (1) coordinating lower-level military-to-military dialogue; 
     and
       (2) planning for potential military confrontation 
     scenarios.

     SEC. 1295. UNITED STATES-TAIWAN BILATERAL TRADE AGREEMENT.

       Not later than 180 days after the date of the enactment of 
     this Act, the United States Trade Representative should seek 
     to enter into negotiations with representatives from Taiwan 
     to establish a bilateral trade agreement between the United 
     States and Taiwan.

     SEC. 1296. UNITED STATES-TAIWAN COMBINED MILITARY EXERCISES 
                   AND RELATED ACTIONS.

       (a) Combined Military Exercises.--The Secretary of Defense, 
     in coordination with the heads of other relevant Federal 
     agencies, should seek to carry out a program of combined 
     military exercises between the United States, Taiwan, and, if 
     feasible, other United States allies and partners to improve 
     military coordination and relations with Taiwan.
       (b) Combined Disaster Relief Exercises.--The Secretary of 
     Defense, in coordination with the heads of other relevant 
     Federal agencies, should engage with their counterparts in 
     Taiwan to organize combined disaster and humanitarian relief 
     exercises.
       (c) Taiwan Strait Transits, Freedom of Navigation 
     Operations, and Presence Operations.--The Secretary of 
     Defense should consider increasing transits through the 
     Taiwan Strait, freedom of navigation operations in the Taiwan 
     Strait, and presence operations in the Western Pacific by the 
     United States Navy, including in conjunction with United 
     States allies and partners.
       (d) Sense of Congress.--It is the sense of Congress that 
     Taiwan should dedicate additional domestic resources toward 
     advancing its military readiness for purposes of defending 
     Taiwan, including through--
       (1) steady increases in annual defense spending as a share 
     of gross domestic product;
       (2) procurements of defense technologies that directly 
     bolster Taiwan's asymmetric defense capabilities;
       (3) reform of Taiwan's military reserves, including 
     increasing the length of training required and number of days 
     required in service annually;
       (4) participation with United States Armed Forces in 
     combined military exercises; and
       (5) further engagement with the United States on 
     strengthening Taiwan's cyber capabilities.

     SEC. 1297. SENSE OF CONGRESS REGARDING UNITED STATES SUPPORT 
                   FOR DEFENDING TAIWAN.

       It is the sense of Congress that--
       (1) given the security considerations posed by the People's 
     Republic of China, the Secretary of State should accelerate 
     the approval of sales of defense articles and services to 
     Taiwan for purposes of defending Taiwan; and
       (2) the Secretary of Defense should offer support to Taiwan 
     by--
       (A) continuing to send United States military advisors to 
     Taiwan for training purposes;
       (B) encouraging members of the United States Armed Forces 
     to enroll in Taiwan's National Defense University;
       (C) maintaining a significant United States naval presence 
     within a close proximity to Taiwan; and
       (D) reestablishing the Taiwan Patrol Force under the 
     direction of the United States Navy.

     SEC. 1298. HIGH-LEVEL VISITS.

       (a) Visit to Taiwan by the President of the United 
     States.--Not later than 1 year after the date of the 
     enactment of this Act, the President or the Secretary of 
     State (if designated by the President), with appropriate 
     interagency consultation and participation, should arrange a 
     meeting in Taiwan with the President of Taiwan.
       (b) Visit to the United States by the President of 
     Taiwan.--It is the sense of Congress that the United States 
     would benefit from a meeting in the United States between the 
     President or the Secretary of State and the President of 
     Taiwan.

     SEC. 1299. SENSE OF CONGRESS REGARDING ADDRESS TO JOINT 
                   SESSION OF CONGRESS BY PRESIDENT OF TAIWAN.

       It is the sense of Congress that it would be beneficial for 
     the United States and Taiwan to invite the President of 
     Taiwan to address a joint session of Congress and 
     subsequently participate in a roundtable discussion with 
     members of Congress.
                                 ______
                                 
  SA 4286. Mr. SCOTT of Florida (for himself, Mr. Hawley, Mr. Cotton, 
and Mr. Murphy) submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of title X, add the following:

            Subtitle H--American Security Drone Act of 2021

     SEC. 1071. SHORT TITLE.

       This subtitle may be cited as the ``American Security Drone 
     Act of 2021''.

     SEC. 1072. DEFINITIONS.

       In this subtitle:
       (1) Covered foreign entity.--The term ``covered foreign 
     entity'' means an entity included on a list developed and 
     maintained by the Federal Acquisition Security Council. This 
     list will include entities in the following categories:
       (A) An entity included on the Consolidated Screening List.
       (B) Any entity that is subject to extrajudicial direction 
     from a foreign government, as determined by the Secretary of 
     Homeland Security.
       (C) Any entity the Secretary of Homeland Security, in 
     coordination with the Director of National Intelligence and 
     the Secretary of Defense, determines poses a national 
     security risk.
       (D) Any entity domiciled in the People's Republic of China 
     or subject to influence or control by the Government of the 
     People Republic of China or the Communist Party of the 
     People's Republic of China, as determined by the Secretary of 
     Homeland Security.
       (E) Any subsidiary or affiliate of an entity described in 
     subparagraphs (A) through (D).
       (2) Covered unmanned aircraft system.--The term ``covered 
     unmanned aircraft system'' has the meaning given the term 
     ``unmanned aircraft system'' in section 44801 of title 49, 
     United States Code.

     SEC. 1073. PROHIBITION ON PROCUREMENT OF COVERED UNMANNED 
                   AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

       (a) In General.--Except as provided under subsections (b) 
     though (f), the head of an executive agency may not procure 
     any covered unmanned aircraft system that are manufactured or 
     assembled by a covered foreign entity, which includes 
     associated elements (consisting of communication links and 
     the components that control the unmanned aircraft) that are 
     required for the operator to operate safely and efficiently 
     in the national airspace system. The Federal Acquisition 
     Security Council, in coordination with the Secretary of 
     Transportation, shall develop and update a list of associated 
     elements.
       (b) Exemption.--The Secretary of Homeland Security, the 
     Secretary of Defense, and the Attorney General are exempt 
     from the restriction under subsection (a) if the operation or 
     procurement--
       (1) is for the sole purposes of research, evaluation, 
     training, testing, or analysis for--
       (A) electronic warfare;
       (B) information warfare operations;
       (C) development of UAS or counter-UAS technology;
       (D) counterterrorism or counterintelligence activities; or

[[Page S7819]]

       (E) Federal criminal or national security investigations, 
     including forensic examinations; and
       (2) is required in the national interest of the United 
     States.
       (c) Federal Aviation Administration Center of Excellence 
     for Unmanned Aircraft Systems Exemption.--The Secretary of 
     Transportation, in consultation with the Secretary of 
     Homeland Security, is exempt from the restriction under 
     subsection (a) if the operation or procurement is for the 
     sole purposes of research, evaluation, training, testing, or 
     analysis for the Federal Aviation Administration's Alliance 
     for System Safety of UAS through Research Excellence (ASSURE) 
     Center of Excellence (COE) for Unmanned Aircraft Systems.
       (d) National Transportation Safety Board Exemption.--The 
     National Transportation Safety Board (NTSB), in consultation 
     with the Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the operation or 
     procurement is necessary for the sole purpose of conducting 
     safety investigations.
       (e) National Oceanic Atmospheric Administration 
     Exemption.--The Administrator of the National Oceanic 
     Atmospheric Administration (NOAA), in consultation with the 
     Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the operation or 
     procurement is necessary for the sole purpose of marine or 
     atmospheric science or management.
       (f) Waiver.--The head of an executive agency may waive the 
     prohibition under subsection (a) on a case-by-case basis--
       (1) with the approval of the Secretary of Homeland Security 
     or the Secretary of Defense; and
       (2) upon notification to Congress.

     SEC. 1074. PROHIBITION ON OPERATION OF COVERED UNMANNED 
                   AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

       (a) Prohibition.--
       (1) In general.--Beginning on the date that is 2 years 
     after the date of the enactment of this Act, no Federal 
     department or agency may operate a covered unmanned aircraft 
     system manufactured or assembled by a covered foreign entity.
       (2) Applicability to contracted services.--The prohibition 
     under paragraph (1) applies to any covered unmanned aircraft 
     systems that are being used by any executive agency through 
     the method of contracting for the services of covered 
     unmanned aircraft systems.
       (b) Exemption.--The Secretary of Homeland Security, the 
     Secretary of Defense, and the Attorney General are exempt 
     from the restriction under subsection (a) if the operation or 
     procurement--
       (1) is for the sole purposes of research, evaluation, 
     training, testing, or analysis for--
       (A) electronic warfare;
       (B) information warfare operations;
       (C) development of UAS or counter-UAS technology;
       (D) counterterrorism or counterintelligence activities; or
       (E) Federal criminal or national security investigations, 
     including forensic examinations; and
       (2) is required in the national interest of the United 
     States.
       (c) Federal Aviation Administration Center of Excellence 
     for Unmanned Aircraft Systems Exemption.--The Secretary of 
     Transportation, in consultation with the Secretary of 
     Homeland Security, is exempt from the restriction under 
     subsection (a) if the operation or procurement is for the 
     sole purposes of research, evaluation, training, testing, or 
     analysis for the Federal Aviation Administration's Alliance 
     for System Safety of UAE through Research Excellence (ASSURE) 
     Center of Excellence (COE) for Unmanned Aircraft Systems.
       (d) National Transportation Safety Board Exemption.--The 
     National Transportation Safety Board (NTSB), in consultation 
     with the Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the operation or 
     procurement is necessary for the sole purpose of conducting 
     safety investigations.
       (e) National Oceanic Atmospheric Administration 
     Exemption.--The Administrator of the National Oceanic 
     Atmospheric Administration (NOAA), in consultation with the 
     Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the operation or 
     procurement is necessary for the sole purpose of marine or 
     atmospheric science or management.
       (f) Waiver.--The head of an executive agency may waive the 
     prohibition under subsection (a) on a case-by-case basis--
       (1) with the approval of the Secretary of Homeland Security 
     or the Secretary of Defense; and
       (2) upon notification to Congress.
       (g) Regulations and Guidance.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Homeland Security shall prescribe regulations or guidance to 
     implement this section.

     SEC. 1075. PROHIBITION ON USE OF FEDERAL FUNDS FOR PURCHASES 
                   AND OPERATION OF COVERED UNMANNED AIRCRAFT 
                   SYSTEMS FROM COVERED FOREIGN ENTITIES.

       (a) In General.--Beginning on the date that is 2 years 
     after the date of the enactment of this Act, except as 
     provided in subsection (b), no Federal funds awarded through 
     a contract, grant, or cooperative agreement, or otherwise 
     made available may be used--
       (1) to purchase a covered unmanned aircraft system, or a 
     system to counter unmanned aircraft systems, that is 
     manufactured or assembled by a covered foreign entity; or
       (2) in connection with the operation of such a drone or 
     unmanned aircraft system.
       (b) Exemption.--A Federal department or agency is exempt 
     from the restriction under subsection (a) if--
       (1) the contract, grant, or cooperative agreement was 
     awarded prior to the date of the enactment of this Act; or
       (2) the operation or procurement is for the sole purposes 
     of research, evaluation, training, testing, or analysis, as 
     determined by the Secretary of Homeland Security, the 
     Secretary of Defense, or the Attorney General, for--
       (A) electronic warfare;
       (B) information warfare operations;
       (C) development of UAS or counter-UAS technology;
       (D) counterterrorism or counterintelligence activities; or
       (E) Federal criminal or national security investigations, 
     including forensic examinations; or
       (F) the safe integration of UAS in the national airspace 
     (as determined in consultation with the Secretary of 
     Transportation); and
       (3) is required in the national interest of the United 
     States.
       (c) Waiver.--The head of an executive agency may waive the 
     prohibition under subsection (a) on a case-by-case basis--
       (1) with the approval of the Secretary of Homeland Security 
     or the Secretary of Defense; and
       (2) upon notification to Congress.
       (d) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Federal Acquisition Regulatory 
     Council shall prescribe regulations or guidance, as 
     necessary, to implement the requirements of this section 
     pertaining to Federal contracts.

     SEC. 1076. PROHIBITION ON USE OF GOVERNMENT-ISSUED PURCHASE 
                   CARDS TO PURCHASE COVERED UNMANNED AIRCRAFT 
                   SYSTEMS FROM COVERED FOREIGN ENTITIES.

       Effective immediately, Government-issued Purchase Cards may 
     not be used to procure any covered unmanned aircraft system 
     from a covered foreign entity.

     SEC. 1077. MANAGEMENT OF EXISTING INVENTORIES OF COVERED 
                   UNMANNED AIRCRAFT SYSTEMS FROM COVERED FOREIGN 
                   ENTITIES.

       (a) In General.--Effective immediately, all executive 
     agencies must account for existing inventories of covered 
     unmanned aircraft systems manufactured or assembled by a 
     covered foreign entity in their personal property accounting 
     systems, regardless of the original procurement cost, or the 
     purpose of procurement due to the special monitoring and 
     accounting measures necessary to track the items' 
     capabilities.
       (b) Classified Tracking.--Due to the sensitive nature of 
     missions and operations conducted by the United States 
     Government, inventory data related to covered unmanned 
     aircraft systems manufactured or assembled by a covered 
     foreign entity may be tracked at a classified level.
       (c) Exceptions.--The Department of Defense and Department 
     of Homeland Security may exclude from the full inventory 
     process, covered unmanned aircraft systems that are deemed 
     expendable due to mission risk such as recovery issues or 
     that are one-time-use covered unmanned aircraft due to 
     requirements and low cost.

     SEC. 1078. COMPTROLLER GENERAL REPORT.

       Not later than 275 days after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to Congress a report on the amount of commercial off-
     the-shelf drones and covered unmanned aircraft systems 
     procured by Federal departments and agencies from covered 
     foreign entities.

     SEC. 1079. GOVERNMENT-WIDE POLICY FOR PROCUREMENT OF UNMANNED 
                   AIRCRAFT SYSTEMS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Management and Budget, in coordination with the Department of 
     Homeland Security, Department of Transportation, the 
     Department of Justice, and other Departments as determined by 
     the Director of the Office of Management and Budget, and in 
     consultation with the National Institute of Standards and 
     Technology, shall establish a government-wide policy for the 
     procurement of UAS--
       (1) for non-Department of Defense and non-intelligence 
     community operations; and
       (2) through grants and cooperative agreements entered into 
     with non-Federal entities.
       (b) Information Security.--The policy developed under 
     subsection (a) shall include the following specifications, 
     which to the extent practicable, shall be based on industry 
     standards and technical guidance from the National Institute 
     of Standards and Technology, to address the risks associated 
     with processing, storing and transmitting Federal information 
     in a UAS:
       (1) Protections to ensure controlled access of UAS.
       (2) Protecting software, firmware, and hardware by ensuring 
     changes to UAS are properly managed, including by ensuring 
     UAS can be updated using a secure, controlled, and 
     configurable mechanism.

[[Page S7820]]

       (3) Cryptographically securing sensitive collected, stored, 
     and transmitted data, including proper handling of privacy 
     data and other controlled unclassified information.
       (4) Appropriate safeguards necessary to protect sensitive 
     information, including during and after use of UAS.
       (5) Appropriate data security to ensure that data is not 
     transmitted to or stored in non-approved locations.
       (6) The ability to opt out of the uploading, downloading, 
     or transmitting of data that is not required by law or 
     regulation and an ability to choose with whom and where 
     information is shared when it is required.
       (c) Requirement.--The policy developed under subsection (a) 
     shall reflect an appropriate risk-based approach to 
     information security related to use of UAS.
       (d) Revision of Acquisition Regulations.--Not later than 
     180 days after the date on which the policy required under 
     subsection (a) is issued--
       (1) the Federal Acquisition Regulatory Council shall revise 
     the Federal Acquisition Regulation, as necessary, to 
     implement the policy; and
       (2) any Federal department or agency or other Federal 
     entity not subject to, or not subject solely to, the Federal 
     Acquisition Regulation shall revise applicable policy, 
     guidance, or regulations, as necessary, to implement the 
     policy.
       (e) Exemption.--In developing the policy required under 
     subsection (a), the Director of the Office of Management and 
     Budget shall incorporate an exemption to the policy for the 
     following reasons:
       (1) In the case of procurement for the purposes of 
     training, testing, or analysis for--
       (A) electronic warfare; or
       (B) information warfare operations.
       (2) In the case of researching UAS technology, including 
     testing, evaluation, research, or development of technology 
     to counter UAS.
       (3) In the case of a head of the procuring department or 
     agency determining, in writing, that no product that complies 
     with the information security requirements described in 
     subsection (b) is capable of fulfilling mission critical 
     performance requirements, and such determination--
       (A) may not be delegated below the level of the Deputy 
     Secretary of the procuring department or agency;
       (B) shall specify--
       (i) the quantity of end items to which the waiver applies, 
     the procurement value of which may not exceed $50,000 per 
     waiver; and
       (ii) the time period over which the waiver applies, which 
     shall not exceed 3 years;
       (C) shall be reported to the Office of Management and 
     Budget following issuance of such a determination; and
       (D) not later than 30 days after the date on which the 
     determination is made, shall be provided to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Oversight and Reform of the House of 
     Representatives.

     SEC. 1080. STUDY.

       (a) Independent Study.--Not later than 3 years after the 
     date of the enactment of this Act, the Director of the Office 
     of Management and Budget shall seek to enter into a contract 
     with a federally funded research and development center under 
     which the center will conduct a study of--
       (1) the current and future unmanned aircraft system global 
     and domestic market;
       (2) the ability of the unmanned aircraft system domestic 
     market to keep pace with technological advancements across 
     the industry;
       (3) the ability of domestically made unmanned aircraft 
     systems to meet the network security and data protection 
     requirements of the national security enterprise;
       (4) the extent to which unmanned aircraft system component 
     parts, such as the parts described in section 1073, are made 
     domestically; and
       (5) an assessment of the economic impact, including cost, 
     of excluding the use of foreign-made UAS for use across the 
     Federal Government.
       (b) Submission to OMB.--Upon completion of the study in 
     subsection (a), the federally funded research and development 
     center shall submit the study to the Director of the Office 
     of Management and Budget.
       (c) Submission to Congress.--Not later than 30 days after 
     the date on which the Director of the Office of Management 
     and Budget receives the study under subsection (b), the 
     Director shall submit the study to--
       (1) the Committee on Homeland Security and Governmental 
     Affairs and the Select Committee on Intelligence of the 
     Senate; and
       (2) the Committee on Homeland Security and the Committee on 
     Oversight and Reform and the Permanent Select Committee on 
     Intelligence of the House of Representatives.

     SEC. 1081. SUNSET.

       Sections 1073, 1074, and 1075 shall cease to have effect on 
     the date that is 5 years after the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 4287. Mr. SCOTT of Florida (for himself, Mr. Hawley, Ms. Ernst, 
Mr. Tillis, and Mr. Cramer) submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1216. JOINT SELECT COMMITTEE ON AFGHANISTAN.

       (a) Establishment.--There is established a joint select 
     committee of Congress to be known as the ``Joint Select 
     Committee on Afghanistan'' (in this section referred to as 
     the ``Joint Committee'').
       (b) Membership.--
       (1) In general.--The Joint Committee shall be composed of 
     12 members appointed pursuant to paragraph (2).
       (2) Appointment.--Members of the Joint Committee shall be 
     appointed as follows:
       (A) The majority leader of the Senate shall appoint 3 
     members from among Members of the Senate.
       (B) The minority leader of the Senate shall appoint 3 
     members from among Members of the Senate.
       (C) The Speaker of the House of Representatives shall 
     appoint 3 members from among Members of the House of 
     Representatives.
       (D) The minority leader of the House of Representatives 
     shall appoint 3 members from among Members of the House of 
     Representatives.
       (3) Co-chairs.--
       (A) In general.--Two of the appointed members of the Joint 
     Committee shall serve as co-chairs. The Speaker of the House 
     of Representatives and the majority leader of the Senate 
     shall jointly appoint one co-chair, and the minority leader 
     of the House of Representatives and the minority leader of 
     the Senate shall jointly appoint the second co-chair. The co-
     chairs shall be appointed not later than 14 calendar days 
     after the date of the enactment of this Act.
       (B) Staff director.--The co-chairs, acting jointly, shall 
     hire the staff director of the Joint Committee.
       (4) Date.--Members of the Joint Committee shall be 
     appointed not later than 14 calendar days after the date of 
     the enactment of this Act.
       (5) Period of appointment.--Members shall be appointed for 
     the life of the Joint Committee. Any vacancy in the Joint 
     Committee shall not affect its powers, but shall be filled 
     not later than 14 calendar days after the date on which the 
     vacancy occurs, in the same manner as the original 
     designation was made. If a member of the Joint Committee 
     ceases to be a Member of the House of Representatives or the 
     Senate, as the case may be, the member is no longer a member 
     of the Joint Committee and a vacancy shall exist.
       (c) Investigation and Report.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Joint Committee shall conduct 
     an investigation and submit to Congress a report on the 
     United States 2021 withdrawal from Afghanistan.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following elements:
       (A) A summary of any intelligence reports that indicated an 
     imminent threat at the Hamid Karzai International Airport 
     preceding the deadly attack on August 26, 2021, and the risks 
     to United States and allied country civilians as well as 
     Afghan partners for various United States withdrawal 
     scenarios.
       (B) A summary of any intelligence reports that indicated 
     that withdrawing military personnel and closing United States 
     military installations in Afghanistan before evacuating 
     civilians would negatively affect the evacuation of United 
     States citizens, green card holders, and Afghan partners and 
     thus put them at risk.
       (C) A full review of planning by the National Security 
     Council, the Department of State, and the Department of 
     Defense for a noncombatant evacuation from Afghanistan, 
     including details of all scenarios used by the Department of 
     State or the Department of Defense to plan and prepare for 
     noncombatant evacuation operations.
       (D) An analysis of the relationship between the retrograde 
     and noncombatant evacuation operation plans and operations.
       (E) A description of any actions that were taken by the 
     United States Government to protect the safety of United 
     States forces and neutralize threats in any withdrawal 
     scenarios.
       (F) A full review of all withdrawal scenarios compiled by 
     the intelligence community and the Department of Defense with 
     timelines for the decisions taken, including all advice 
     provided by military leaders to President Joseph R. Biden and 
     his national security team beginning in January 2021.
       (G) An analysis of why the withdrawal timeline expedited 
     from the September 11, 2021, date set by President Biden 
     earlier this year.
       (H) An analysis of United States and allied intelligence 
     shared with the Taliban.
       (I) An analysis of any actions taken by the United States 
     Government to proactively prepare for a successful 
     withdrawal.
       (J) A summary of intelligence that informed statements and 
     assurances made to the American people that the Taliban would 
     not take over Afghanistan with the speed that it did in 
     August 2021.
       (K) A full and unredacted transcript of the phone call 
     between President Joe Biden and

[[Page S7821]]

     President Ashraf Ghani of Afghanistan on July 23, 2021.
       (L) A summary of any documents, reports, or intelligence 
     that indicates whether any members of the intelligence 
     community, the United States Armed Forces, or NATO partners 
     supporting the mission warned that the Taliban would swiftly 
     reclaim Afghanistan.
       (M) A description of the extent to which any members of the 
     intelligence community, the United States Armed Forces, or 
     NATO partners supporting the mission advised steps to be 
     taken by the White House that were ultimately rejected.
       (N) An assessment of the decision not to order a 
     noncombatant evacuation operation until August 14, 2021.
       (O) An assessment of whose advice the President heeded in 
     maintaining the timeline and the status of forces on the 
     ground before Thursday, August 12, 2021.
       (P) A description of the initial views and advice of the 
     United States Armed Forces and the intelligence community 
     given to the National Security Council and the White House 
     before the decisions were taken regarding closure of United 
     States military installations, withdrawal of United States 
     assets, and withdrawal of United States military personnel.
       (Q) An assessment of United States assets, as well as any 
     assets left behind by allies, that could now be used by the 
     Taliban, ISIS-K, and other terrorist organizations operating 
     within the region.
       (R) An assessment of United States assets slated to be 
     delivered to Afghanistan, if any, the delivery of which was 
     paused because of the President's decision to withdraw, and 
     the status of and plans for those assets now.
       (S) An assessment of vetting procedures for Afghan 
     civilians to be evacuated with a timeline for the decision 
     making and ultimate decisions taken to ensure that no 
     terrorist suspects, persons with ties to terrorists, or 
     dangerous individuals would be admitted into third countries 
     or the United States.
       (T) An assessment of the discussions between the United 
     States Government and allies supporting our efforts in 
     Afghanistan and a timeline for decision making regarding the 
     withdrawal of United States forces, including discussion and 
     decisions about how to work together to repatriate all 
     foreign nationals desiring to return to their home countries.
       (U) A review of the policy decisions with timeline 
     regarding all Afghan nationals and other refugees evacuated 
     from Afghanistan by the United States Government and brought 
     to third countries and the United States, including a report 
     on what role the United States Armed Forces performed in 
     vetting each individual and what coordination the Departments 
     of State and Defense engaged in to safeguard members of the 
     Armed Forces from infectious diseases and terrorist threats.
       (3) Form.--The report required under paragraph (1) shall be 
     submitted in unclassified form but may contain a classified 
     annex.
       (d) Meetings.--
       (1) Initial meeting.--Not later than 30 days after the date 
     on which all members of the Joint Committee have been 
     appointed, the Joint Committee shall hold its first meeting.
       (2) Frequency.--The Joint Committee shall meet at the call 
     of the co-chairs.
       (3) Quorum.--A majority of the members of the Joint 
     Committee shall constitute a quorum, but a lesser number of 
     members may hold hearings.
       (4) Voting.--No proxy voting shall be allowed on behalf of 
     the members of the Joint Committee.
       (e) Administration.--
       (1) In general.--To enable the Joint Committee to exercise 
     its powers, functions, and duties, there are authorized to be 
     disbursed by the Senate the actual and necessary expenses of 
     the Joint Committee approved by the co-chairs, subject to the 
     rules and regulations of the Senate.
       (2) Expenses.--In carrying out its functions, the Joint 
     Committee is authorized to incur expenses in the same manner 
     and under the same conditions as the Joint Economic Committee 
     is authorized by section 11 of Public Law 79-304 (15 U.S.C. 
     1024 (d)).
       (3) Hearings.--
       (A) In general.--The Joint Committee may, for the purpose 
     of carrying out this section, hold such hearings, sit and act 
     at such times and places, require attendance of witnesses and 
     production of books, papers, and documents, take such 
     testimony, receive such evidence, and administer such oaths 
     as the Joint Committee considers advisable.
       (B) Hearing procedures and responsibilities of co-chairs.--
       (i) Announcement.--The co-chairs of the Joint Committee 
     shall make a public announcement of the date, place, time, 
     and subject matter of any hearing to be conducted, not less 
     than 7 days in advance of such hearing, unless the co-chairs 
     determine that there is good cause to begin such hearing at 
     an earlier date.
       (ii) Written statement.--A witness appearing before the 
     Joint Committee shall file a written statement of proposed 
     testimony at least 2 calendar days before the appearance of 
     the witness, unless the requirement is waived by the co-
     chairs, following their determination that there is good 
     cause for failure to comply with such requirement.
       (4) Cooperation from federal agencies.--
       (A) Technical assistance.--Upon written request of the co-
     chairs, a Federal agency shall provide technical assistance 
     to the Joint Committee in order for the Joint Committee to 
     carry out its duties.
       (B) Provision of information.--The Secretary of State, the 
     Secretary of Defense, the Director of National Intelligence, 
     the heads of the elements of the intelligence community, the 
     Secretary of Homeland Security, and the National Security 
     Council shall expeditiously respond to requests for 
     information related to compiling the report under subsection 
     (c).
       (f) Staff of Joint Committee.--
       (1) In general.--The co-chairs of the Joint Committee may 
     jointly appoint and fix the compensation of staff as they 
     deem necessary, within the guidelines for employees of the 
     Senate and following all applicable rules and employment 
     requirements of the Senate.
       (2) Ethical standards.--Members on the Joint Committee who 
     serve in the House of Representatives shall be governed by 
     the ethics rules and requirements of the House. Members of 
     the Senate who serve on the Joint Committee and staff of the 
     Joint Committee shall comply with the ethics rules of the 
     Senate.
       (g) Termination.--The Joint Committee shall terminate on 
     the date that is one year after the date of the enactment of 
     this Act.
       (h) Funding.--Funding for the Joint Committee shall be 
     derived in equal portions from--
       (1) the applicable accounts of the House of 
     Representatives; and
       (2) the contingent fund of the Senate from the 
     appropriations account ``Miscellaneous Items'', subject to 
     the rules and regulations of the Senate.
                                 ______
                                 
  SA 4288. Mr. CORNYN (for himself, Ms. Baldwin, and Mr. Moran) 
submitted an amendment intended to be proposed to amendment SA 3867 
submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1064. REQUIREMENTS FOR RAILROAD FREIGHT CARS PLACED INTO 
                   SERVICE IN THE UNITED STATES.

       (a) In General.--Subchapter II of chapter 201 of subtitle V 
     of title 49, United States Code, is amended by adding at the 
     end the following:

     ``Sec. 20169. Requirements for railroad freight cars placed 
       into service in the United States

       ``(a) Definitions.--In this section:
       ``(1) Component.--The term `component' means a part or 
     subassembly of a railroad freight car.
       ``(2) Control.--The term `control' means the power, whether 
     direct or indirect and whether or not exercised, through the 
     ownership of a majority or a dominant minority of the total 
     outstanding voting interest in an entity, representation on 
     the board of directors of an entity, proxy voting on the 
     board of directors of an entity, a special share in the 
     entity, a contractual arrangement with the entity, a formal 
     or informal arrangement to act in concert with an entity, or 
     any other means, to determine, direct, make decisions, or 
     cause decisions to be made for the entity.
       ``(3) Cost of sensitive technology.--The term `cost of 
     sensitive technology' means the aggregate cost of the 
     sensitive technology located on a railroad freight car.
       ``(4) Country of concern.--The term `country of concern' 
     means a country that--
       ``(A) is identified by the Department of Commerce as a 
     nonmarket economy country (as defined in section 771(18) of 
     the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date 
     of the enactment of the National Defense Authorization Act 
     for Fiscal Year 2022;
       ``(B) was identified by the United States Trade 
     Representative in the most recent report required by section 
     182 of the Trade Act of 1974 (19 U.S.C. 2242) as a foreign 
     country included on the priority watch list (as defined in 
     subsection (g)(3) of such section); and
       ``(C) is subject to monitoring by the Trade Representative 
     under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).
       ``(5) Net cost.--The term `net cost' has the meaning given 
     such term in chapter 4 of the USMCA or any subsequent free 
     trade agreement between the United States, Mexico, and 
     Canada.
       ``(6) Qualified facility.--The term `qualified facility' 
     means a facility that is not owned or under the control of a 
     state-owned enterprise.
       ``(7) Qualified manufacturer.--The term `qualified 
     manufacturer' means a railroad freight car manufacturer that 
     is not owned or under the control of a state-owned 
     enterprise.
       ``(8) Railroad freight car.--The term `railroad freight 
     car' means a car designed to carry freight or railroad 
     personnel by rail, including--
       ``(A) a box car;
       ``(B) a refrigerator car;
       ``(C) a ventilator car;
       ``(D) an intermodal well car;

[[Page S7822]]

       ``(E) a gondola car;
       ``(F) a hopper car;
       ``(G) an auto rack car;
       ``(H) a flat car;
       ``(I) a special car;
       ``(J) a caboose car;
       ``(K) a tank car; and
       ``(L) a yard car.
       ``(9) Sensitive technology.--The term `sensitive 
     technology' means any device embedded with electronics, 
     software, sensors, or other connectivity, that enables the 
     device to connect to, collect data from, or exchange data 
     with another device, including--
       ``(A) onboard telematics;
       ``(B) remote monitoring software;
       ``(C) firmware;
       ``(D) analytics;
       ``(E) global positioning system satellite and cellular 
     location tracking systems;
       ``(F) event status sensors;
       ``(G) predictive component condition and performance 
     monitoring sensors; and
       ``(H) similar sensitive technologies embedded into freight 
     railcar components and sub-assemblies.
       ``(10) State-owned enterprise.--The term `state-owned 
     enterprise' means--
       ``(A) an entity that is owned by, or under the control of, 
     a national, provincial, or local government of a country of 
     concern, or an agency of such government; or
       ``(B) an individual acting under the direction or influence 
     of a government or agency described in subparagraph (A).
       ``(11) Substantially transformed.--The term `substantially 
     transformed' means a component of a railroad freight car that 
     undergoes an applicable change in tariff classification as a 
     result of the manufacturing process, as described in chapter 
     4 and related annexes of the USMCA or any subsequent free 
     trade agreement between the United States, Mexico, and 
     Canada.
       ``(12) USMCA.--The term `USMCA' has the meaning given the 
     term in section 3 of the United States-Mexico-Canada 
     Agreement Implementation Act (19 U.S.C. 4502).
       ``(b) Requirements for Railroad Freight Cars.--
       ``(1) Limitation on railroad freight cars.--A railroad 
     freight car wholly manufactured on or after the date that is 
     1 year after the date of issuance of the regulations required 
     under subsection (c)(1) may only operate on the United States 
     general railroad system of transportation if--
       ``(A) the railroad freight car is manufactured, assembled, 
     and substantially transformed, as applicable, by a qualified 
     manufacturer in a qualified facility;
       ``(B) none of the sensitive technology located on the 
     railroad freight car, including components necessary to the 
     functionality of the sensitive technology, originates from a 
     country of concern or is sourced from a state-owned 
     enterprise; and
       ``(C) none of the content of the railroad freight car, 
     excluding sensitive technology, originates from a country of 
     concern or is sourced from a state-owned enterprise that has 
     been determined by a recognized court or administrative 
     agency of competent jurisdiction and legal authority to have 
     violated or infringed valid United States intellectual 
     property rights of another including such a finding by a 
     Federal district court under title 35 or the U.S. 
     International Trade Commission under section 337 of the 
     Tariff Act of 1930 (19 U.S.C. 1337).
       ``(2) Limitation on railroad freight car content.--
       ``(A) Percentage limitation.--
       ``(i) Initial limitation.--Not later than 1 year after the 
     date of issuance of the regulations required under subsection 
     (c)(1), a railroad freight car described in paragraph (1) may 
     operate on the United States general railroad system of 
     transportation only if not more than 20 percent of the 
     content of the railroad freight car, calculated by the net 
     cost of all components of the car and excluding the cost of 
     sensitive technology, originates from a country of concern or 
     is sourced from a state-owned enterprise.
       ``(ii) Subsequent limitation.--Effective beginning on the 
     date that is 3 years after the date of issuance of the 
     regulations required under subsection (c)(1), a railroad 
     freight car described in paragraph (1) may operate on the 
     United States general railroad system of transportation only 
     if not more than 15 percent of the content of the railroad 
     freight car, calculated by the net cost of all components of 
     the car and excluding the cost of sensitive technology, 
     originates from a country of concern or is sourced from a 
     state-owned enterprise.
       ``(B) Conflict.--The percentages specified in clauses (i) 
     and (ii) of subparagraph (A), as applicable, shall apply 
     notwithstanding any apparent conflict with provisions of 
     chapter 4 of the USMCA.
       ``(c) Rulemaking; Penalties.--
       ``(1) Regulations required.--Not later than 2 years after 
     the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2022, the Secretary of 
     Transportation shall issue such regulations as are necessary 
     to carry out this section, including for the monitoring and 
     sensitive technology requirements of this section.
       ``(2) Certification required.--To be eligible to provide a 
     railroad freight car for operation on the United States 
     general railroad system of transportation, the manufacturer 
     of such car shall annually certify to the Secretary of 
     Transportation that any railroad freight cars to be so 
     provided meet the requirements under this section.
       ``(3) Compliance.--
       ``(A) Valid certification required.--At the time a railroad 
     freight car begins operation on the United States general 
     railroad system of transportation, the manufacturer of such 
     railroad freight car shall have valid certification described 
     in paragraph (2) for the year in which such car begins 
     operation.
       ``(B) Registration of noncompliant cars prohibited.--A 
     railroad freight car manufacturer may not register, or cause 
     to be registered, a railroad freight car that does not comply 
     with the requirements under this section in the Association 
     of American Railroad's Umler system.
       ``(4) Civil penalties.--
       ``(A) In general.--Pursuant to section 21301, the Secretary 
     of Transportation may assess a civil penalty of not less than 
     $100,000, and not more than $250,000, for each violation of 
     this section for each railroad freight car.
       ``(B) Prohibition on operation for violations.--The 
     Secretary of Transportation may prohibit a railroad freight 
     car manufacturer with respect to which the Secretary has 
     assessed more than 3 violations under subparagraph (A) from 
     providing additional railroad freight cars for operation on 
     the United States general railroad system of transportation 
     until the Secretary determines--
       ``(i) such manufacturer is in compliance with this section; 
     and
       ``(ii) all civil penalties assessed to such manufacturer 
     pursuant to subparagraph (A) have been paid in full.''.
       (b) Clerical Amendment.--The analysis for chapter 201 of 
     subtitle V of title 49, United States Code, is amended by 
     adding at the end the following:

``20169. Requirements for railroad freight cars placed into service in 
              the United States.''.
                                 ______
                                 
  SA 4289. 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 F of title V, add the following:

     SEC. 583. SPACE-AVAILABLE TRAVEL FOR FAMILY MEMBERS OF 
                   MEMBERS OF ARMED FORCES WHO DIE WHILE SERVING 
                   IN ACTIVE MILITARY, NAVAL, AIR, OR SPACE 
                   SERVICE.

       (a) Expansion of Eligibility.--Section 2641b(c) of title 
     10, United States Code, is amended--
       (1) by redesignating paragraph (6) as paragraph (7); and
       (2) by inserting after paragraph (5) the following new 
     paragraph (6):
       ``(6) Children, spouses, parents, and siblings of members 
     of the armed forces who die while serving in the active 
     military, naval, air, or space service (as that term is 
     defined in section 101 of title 38).''.
       (b) Related Instruction.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall revise Department of Defense Instruction 4515.13 to 
     ensure that individuals eligible for space-available travel 
     on aircraft of the Department under paragraph (6) of section 
     2641b(c) of title 10, United States Code, as amended by 
     subsection (a), are placed in a category of travelers not 
     lower than category V.
                                 ______
                                 
  SA 4290. 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 B of title X, add the following:

     SEC. 1013. REPORT ON THE USE OF CERTAIN FUNDING FOR COUNTER-
                   NARCOTICS MISSIONS IN CENTRAL ASIA.

       (a) In General.--Not later than March 1, 2022, the 
     Secretary of Defense shall submit to the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives a report on the use of funding 
     made available for programs under section 333 of title 10, 
     United States Code, for counter-narcotics missions in Central 
     Asia.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) The amount of funding made available for programs under 
     section 333 of title 10, United States Code, that has been 
     used for counter-narcotics missions in Central Asia, 
     specifically to counter illicit trafficking operations 
     emanating from Afghanistan and Central Asia, during the five-
     year period preceding the date of the enactment of this Act.
       (2) The amount of funding made available for other 
     programs, including under section

[[Page S7823]]

     284 of title 10, United States Code, that has been used to 
     counter illicit trafficking operations emanating from 
     Afghanistan and Central Asia during the five-year period 
     preceding the date of the enactment of this Act.
       (3) An assessment of whether funding made available for 
     programs under section 333 of title 10, United States Code, 
     can be used to maintain, repair, and upgrade equipment 
     previously supplied by the United States to foreign law 
     enforcement agencies for counter-narcotics purposes on 
     borders and at international ports.
                                 ______
                                 
  SA 4291. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

                 DIVISION E--SECURING AMERICA'S FUTURE

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``Securing America's 
     Future Act''.

         TITLE I--ENSURING DOMESTIC MANUFACTURING CAPABILITIES

                 Subtitle A--Build America, Buy America

     SEC. 4101. SHORT TITLE.

       This subtitle may be cited as the ``Build America, Buy 
     America Act''.

               PART I--BUY AMERICA SOURCING REQUIREMENTS

     SEC. 4111. FINDINGS.

       Congress finds that--
       (1) the United States must make significant investments to 
     install, upgrade, or replace the public works infrastructure 
     of the United States;
       (2) with respect to investments in the infrastructure of 
     the United States, taxpayers expect that their public works 
     infrastructure will be produced in the United States by 
     American workers;
       (3) United States taxpayer dollars invested in public 
     infrastructure should not be used to reward companies that 
     have moved their operations, investment dollars, and jobs to 
     foreign countries or foreign factories, particularly those 
     that do not share or openly flout the commitments of the 
     United States to environmental, worker, and workplace safety 
     protections;
       (4) in procuring materials for public works projects, 
     entities using taxpayer-financed Federal assistance should 
     give a commonsense procurement preference for the materials 
     and products produced by companies and workers in the United 
     States in accordance with the high ideals embodied in the 
     environmental, worker, workplace safety, and other regulatory 
     requirements of the United States;
       (5) common construction materials used in public works 
     infrastructure projects, including steel, iron, manufactured 
     products, non-ferrous metals, plastic and polymer-based 
     products (including polyvinylchloride, composite building 
     materials, and polymers used in fiber optic cables), concrete 
     and other aggregates, glass (including optic glass), lumber, 
     and drywall are not adequately covered by a domestic content 
     procurement preference, thus limiting the impact of taxpayer 
     purchases to enhance supply chains in the United States;
       (6) the benefits of domestic content procurement 
     preferences extend beyond economics;
       (7) by incentivizing domestic manufacturing, domestic 
     content procurement preferences reinvest tax dollars in 
     companies and processes using the highest labor and 
     environmental standards in the world;
       (8) strong domestic content procurement preference policies 
     act to prevent shifts in production to countries that rely on 
     production practices that are significantly less energy 
     efficient and far more polluting than those in the United 
     States;
       (9) for over 75 years, Buy America and other domestic 
     content procurement preference laws have been part of the 
     United States procurement policy, ensuring that the United 
     States can build and rebuild the infrastructure of the United 
     States with high-quality American-made materials;
       (10) before the date of enactment of this Act, a domestic 
     content procurement preference requirement may not apply, may 
     apply only to a narrow scope of products and materials, or 
     may be limited by waiver with respect to many infrastructure 
     programs, which necessitates a review of such programs, 
     including programs for roads, highways, and bridges, public 
     transportation, dams, ports, harbors, and other maritime 
     facilities, intercity passenger and freight railroads, 
     freight and intermodal facilities, airports, water systems, 
     including drinking water and wastewater systems, electrical 
     transmission facilities and systems, utilities, broadband 
     infrastructure, and buildings and real property;
       (11) Buy America laws create demand for domestically 
     produced goods, helping to sustain and grow domestic 
     manufacturing and the millions of jobs domestic manufacturing 
     supports throughout product supply chains;
       (12) as of the date of enactment of this Act, domestic 
     content procurement preference policies apply to all Federal 
     Government procurement and to various Federal-aid 
     infrastructure programs;
       (13) a robust domestic manufacturing sector is a vital 
     component of the national security of the United States;
       (14) as more manufacturing operations of the United States 
     have moved offshore, the strength and readiness of the 
     defense industrial base of the United States has been 
     diminished; and
       (15) domestic content procurement preference laws--
       (A) are fully consistent with the international obligations 
     of the United States; and
       (B) together with the government procurements to which the 
     laws apply, are important levers for ensuring that United 
     States manufacturers can access the government procurement 
     markets of the trading partners of the United States.

     SEC. 4112. DEFINITIONS.

       In this part:
       (1) Deficient program.--The term ``deficient program'' 
     means a program identified by the head of a Federal agency 
     under section 4113(c).
       (2) Domestic content procurement preference.--The term 
     ``domestic content procurement preference'' means a 
     requirement that no amounts made available through a program 
     for Federal financial assistance may be obligated for a 
     project unless--
       (A) all iron and steel used in the project are produced in 
     the United States;
       (B) the manufactured products used in the project are 
     produced in the United States; or
       (C) the construction materials used in the project are 
     produced in the United States.
       (3) Federal agency.--The term ``Federal agency'' means any 
     authority of the United States that is an ``agency'' (as 
     defined in section 3502 of title 44, United States Code), 
     other than an independent regulatory agency (as defined in 
     that section).
       (4) Federal financial assistance.--
       (A) In general.--The term ``Federal financial assistance'' 
     has the meaning given the term in section 200.1 of title 2, 
     Code of Federal Regulations (or successor regulations).
       (B) Inclusion.--The term ``Federal financial assistance'' 
     includes all expenditures by a Federal agency to a non-
     Federal entity for an infrastructure project, except that it 
     does not include expenditures for assistance authorized under 
     section 402, 403, 404, 406, 408, or 502 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170a, 5170b, 5170c, 5172, 5174, or 5192) relating to 
     a major disaster or emergency declared by the President under 
     section 401 or 501, respectively, of such Act (42 U.S.C. 
     5170, 5191) or pre and post disaster or emergency response 
     expenditures.
       (5) Infrastructure.--The term ``infrastructure'' includes, 
     at a minimum, the structures, facilities, and equipment for, 
     in the United States--
       (A) roads, highways, and bridges;
       (B) public transportation;
       (C) dams, ports, harbors, and other maritime facilities;
       (D) intercity passenger and freight railroads;
       (E) freight and intermodal facilities;
       (F) airports;
       (G) water systems, including drinking water and wastewater 
     systems;
       (H) electrical transmission facilities and systems;
       (I) utilities;
       (J) broadband infrastructure; and
       (K) buildings and real property.
       (6) Produced in the united states.--The term ``produced in 
     the United States'' means--
       (A) in the case of iron or steel products, that all 
     manufacturing processes, from the initial melting stage 
     through the application of coatings, occurred in the United 
     States;
       (B) in the case of manufactured products, that--
       (i) the manufactured product was manufactured in the United 
     States; and
       (ii) the cost of the components of the manufactured product 
     that are mined, produced, or manufactured in the United 
     States is greater than 55 percent of the total cost of all 
     components of the manufactured product, unless another 
     standard for determining the minimum amount of domestic 
     content of the manufactured product has been established 
     under applicable law or regulation; and
       (C) in the case of construction materials, that all 
     manufacturing processes for the construction material 
     occurred in the United States.
       (7) Project.--The term ``project'' means the construction, 
     alteration, maintenance, or repair of infrastructure in the 
     United States.

     SEC. 4113. IDENTIFICATION OF DEFICIENT PROGRAMS.

       (a) In General.--Not later than 60 days after the date of 
     enactment of this Act, the head of each Federal agency 
     shall--
       (1) submit to the Office of Management and Budget and to 
     Congress, including a separate notice to each appropriate 
     congressional committee, a report that identifies each 
     Federal financial assistance program for infrastructure 
     administered by the Federal agency; and
       (2) publish in the Federal Register the report under 
     paragraph (1).
       (b) Requirements.--In the report under subsection (a), the 
     head of each Federal agency shall, for each Federal financial 
     assistance program--

[[Page S7824]]

       (1) identify all domestic content procurement preferences 
     applicable to the Federal financial assistance;
       (2) assess the applicability of the domestic content 
     procurement preference requirements, including--
       (A) section 313 of title 23, United States Code;
       (B) section 5323(j) of title 49, United States Code;
       (C) section 22905(a) of title 49, United States Code;
       (D) section 50101 of title 49, United States Code;
       (E) section 603 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1388);
       (F) section 1452(a)(4) of the Safe Drinking Water Act (42 
     U.S.C. 300j-12(a)(4));
       (G) section 5035 of the Water Infrastructure Finance and 
     Innovation Act of 2014 (33 U.S.C. 3914);
       (H) any domestic content procurement preference included in 
     an appropriations Act; and
       (I) any other domestic content procurement preference in 
     Federal law (including regulations);
       (3) provide details on any applicable domestic content 
     procurement preference requirement, including the purpose, 
     scope, applicability, and any exceptions and waivers issued 
     under the requirement; and
       (4) include a description of the type of infrastructure 
     projects that receive funding under the program, including 
     information relating to--
       (A) the number of entities that are participating in the 
     program;
       (B) the amount of Federal funds that are made available for 
     the program for each fiscal year; and
       (C) any other information the head of the Federal agency 
     determines to be relevant.
       (c) List of Deficient Programs.--In the report under 
     subsection (a), the head of each Federal agency shall include 
     a list of Federal financial assistance programs for 
     infrastructure identified under that subsection for which a 
     domestic content procurement preference requirement--
       (1) does not apply in a manner consistent with section 
     4114; or
       (2) is subject to a waiver of general applicability not 
     limited to the use of specific products for use in a specific 
     project.

     SEC. 4114. APPLICATION OF BUY AMERICA PREFERENCE.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the head of each Federal agency shall 
     ensure that none of the funds made available for a Federal 
     financial assistance program for infrastructure, including 
     each deficient program, may be obligated for a project unless 
     all of the iron, steel, manufactured products, and 
     construction materials used in the project are produced in 
     the United States.
       (b) Waiver.--The head of a Federal agency that applies a 
     domestic content procurement preference under this section 
     may waive the application of that preference in any case in 
     which the head of the Federal agency finds that--
       (1) applying the domestic content procurement preference 
     would be inconsistent with the public interest;
       (2) types of iron, steel, manufactured products, or 
     construction materials are not produced in the United States 
     in sufficient and reasonably available quantities or of a 
     satisfactory quality; or
       (3) the inclusion of iron, steel, manufactured products, or 
     construction materials produced in the United States will 
     increase the cost of the overall project by more than 25 
     percent.
       (c) Written Justification.--Before issuing a waiver under 
     subsection (b), the head of the Federal agency shall--
       (1) make publicly available in an easily accessible 
     location on a website designated by the Office of Management 
     and Budget and on the website of the Federal agency a 
     detailed written explanation for the proposed determination 
     to issue the waiver; and
       (2) provide a period of not less than 15 days for public 
     comment on the proposed waiver.
       (d) Automatic Sunset on Waivers of General Applicability.--
       (1) In general.--A general applicability waiver issued 
     under subsection (b) shall expire not later than 2 years 
     after the date on which the waiver is issued.
       (2) Reissuance.--The head of a Federal agency may reissue a 
     general applicability waiver only after--
       (A) publishing in the Federal Register a notice that--
       (i) describes the justification for reissuing a general 
     applicability waiver; and
       (ii) requests public comments for a period of not less than 
     30 days; and
       (B) publishing in the Federal Register a second notice 
     that--
       (i) responds to the public comments received in response to 
     the first notice; and
       (ii) provides the final decision on whether the general 
     applicability waiver will be reissued.
       (e) Consistency With International Agreements.--This 
     section shall be applied in a manner consistent with United 
     States obligations under international agreements.

     SEC. 4115. OMB GUIDANCE AND STANDARDS.

       (a) Guidance.--The Director of the Office of Management and 
     Budget shall--
       (1) issue guidance to the head of each Federal agency--
       (A) to assist in identifying deficient programs under 
     section 4113(c); and
       (B) to assist in applying new domestic content procurement 
     preferences under section 4114; and
       (2) if necessary, amend subtitle A of title 2, Code of 
     Federal Regulations (or successor regulations), to ensure 
     that domestic content procurement preference requirements 
     required by this part or other Federal law are imposed 
     through the terms and conditions of awards of Federal 
     financial assistance.
       (b) Standards for Construction Materials.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall issue standards that define the 
     term ``all manufacturing processes'' in the case of 
     construction materials.
       (2) Considerations.--In issuing standards under paragraph 
     (1), the Director shall--
       (A) ensure that the standards require that each 
     manufacturing process required for the manufacture of the 
     construction material and the inputs of the construction 
     material occurs in the United States; and
       (B) take into consideration and seek to maximize the direct 
     and indirect jobs benefited or created in the production of 
     the construction material.

     SEC. 4116. TECHNICAL ASSISTANCE PARTNERSHIP AND CONSULTATION 
                   SUPPORTING DEPARTMENT OF TRANSPORTATION BUY 
                   AMERICA REQUIREMENTS.

       (a) Definitions.--In this section:
       (1) Buy america law.--The term ``Buy America law'' means--
       (A) section 313 of title 23, United States Code;
       (B) section 5323(j) of title 49, United States Code;
       (C) section 22905(a) of title 49, United States Code;
       (D) section 50101 of title 49, United States Code; and
       (E) any other domestic content procurement preference for 
     an infrastructure project under the jurisdiction of the 
     Secretary.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (b) Technical Assistance Partnership.--Not later than 90 
     days after the date of the enactment of this Act, the 
     Secretary shall enter into a technical assistance partnership 
     with the Secretary of Commerce, acting through the Director 
     of the National Institute of Standards and Technology--
       (1) to ensure the development of a domestic supply base to 
     support intermodal transportation in the United States, such 
     as intercity high speed rail transportation, public 
     transportation systems, highway construction or 
     reconstruction, airport improvement projects, and other 
     infrastructure projects under the jurisdiction of the 
     Secretary;
       (2) to ensure compliance with Buy America laws that apply 
     to a project that receives assistance from the Federal 
     Highway Administration, the Federal Transit Administration, 
     the Federal Railroad Administration, the Federal Aviation 
     Administration, or another office or modal administration of 
     the Secretary of Transportation;
       (3) to encourage technologies developed with the support of 
     and resources from the Secretary to be transitioned into 
     commercial market and applications; and
       (4) to establish procedures for consultation under 
     subsection (c).
       (c) Consultation.--Before granting a written waiver under a 
     Buy America law, the Secretary shall consult with the 
     Director of the Hollings Manufacturing Extension Partnership 
     regarding whether there is a domestic entity that could 
     provide the iron, steel, manufactured product, or 
     construction material that is the subject of the proposed 
     waiver.
       (d) Annual Report.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     shall submit to the Committee on Commerce, Science, and 
     Transportation, the Committee on Banking, Housing, and Urban 
     Affairs, the Committee on Environment and Public Works, and 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate and the Committee on Transportation and 
     Infrastructure and the Committee on Oversight and Reform of 
     the House of Representatives a report that includes--
       (1) a detailed description of the consultation procedures 
     developed under subsection (b)(4);
       (2) a detailed description of each waiver requested under a 
     Buy America law in the preceding year that was subject to 
     consultation under subsection (c), and the results of the 
     consultation;
       (3) a detailed description of each waiver granted under a 
     Buy America law in the preceding year, including the type of 
     waiver and the reasoning for granting the waiver; and
       (4) an update on challenges and gaps in the domestic supply 
     base identified in carrying out subsection (b)(1), including 
     a list of actions and policy changes the Secretary recommends 
     be taken to address those challenges and gaps.

     SEC. 4117. APPLICATION.

       (a) In General.--This part shall apply to a Federal 
     financial assistance program for infrastructure only to the 
     extent that a domestic content procurement preference as 
     described in section 4114 does not already apply to iron, 
     steel, manufactured products, and construction materials.
       (b) Savings Provision.--Nothing in this part affects a 
     domestic content procurement preference for a Federal 
     financial assistance

[[Page S7825]]

     program for infrastructure that is in effect and that meets 
     the requirements of section 4114.

                      PART II--MAKE IT IN AMERICA

     SEC. 4121. REGULATIONS RELATING TO BUY AMERICAN ACT.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Director of the Office of 
     Management and Budget (``Director''), acting through the 
     Administrator for Federal Procurement Policy and, in 
     consultation with the Federal Acquisition Regulatory Council, 
     shall promulgate final regulations or other policy or 
     management guidance, as appropriate, to standardize and 
     simplify how Federal agencies comply with, report on, and 
     enforce the Buy American Act. The regulations or other policy 
     or management guidance shall include, at a minimum, the 
     following:
       (1) Guidelines for Federal agencies to determine, for the 
     purposes of applying sections 8302(a) and 8303(b)(3) of title 
     41, United States Code, the circumstances under which the 
     acquisition of articles, materials, or supplies mined, 
     produced, or manufactured in the United States is 
     inconsistent with the public interest.
       (2) Guidelines to ensure Federal agencies base 
     determinations of non-availability on appropriate 
     considerations, including anticipated project delays and lack 
     of substitutable articles, materials, and supplies mined, 
     produced, or manufactured in the United States, when making 
     determinations of non-availability under section 8302(a)(1) 
     of title 41, United States Code.
       (3)(A) Uniform procedures for each Federal agency to make 
     publicly available, in an easily identifiable location on the 
     website of the agency, and within the following time periods, 
     the following information:
       (i) A written description of the circumstances in which the 
     head of the agency may waive the requirements of the Buy 
     American Act.
       (ii) Each waiver made by the head of the agency within 30 
     days after making such waiver, including a justification with 
     sufficient detail to explain the basis for the waiver.
       (B) The procedures established under this paragraph shall 
     ensure that the head of an agency, in consultation with the 
     head of the Made in America Office established under section 
     4123(a), may limit the publication of classified information, 
     trade secrets, or other information that could damage the 
     United States.
       (4) Guidelines for Federal agencies to ensure that a 
     project is not disaggregated for purposes of avoiding the 
     applicability of the requirements under the Buy American Act.
       (5) An increase to the price preferences for domestic end 
     products and domestic construction materials.
       (6) Amending the definitions of ``domestic end product'' 
     and ``domestic construction material'' to ensure that iron 
     and steel products are, to the greatest extent possible, made 
     with domestic components.
       (b) Guidelines Relating to Waivers.--
       (1) Inconsistency with public interest.--
       (A) In general.--With respect to the guidelines developed 
     under subsection (a)(1), the Administrator shall seek to 
     minimize waivers related to contract awards that--
       (i) result in a decrease in employment in the United 
     States, including employment among entities that manufacture 
     the articles, materials, or supplies; or
       (ii) result in awarding a contract that would decrease 
     domestic employment.
       (B) Covered employment.--For purposes of subparagraph (A), 
     employment refers to positions directly involved in the 
     manufacture of articles, materials, or supplies, and does not 
     include positions related to management, research and 
     development, or engineering and design.
       (2) Assessment on use of dumped or subsidized foreign 
     products.--
       (A) In general.--To the extent otherwise permitted by law, 
     before granting a waiver in the public interest to the 
     guidelines developed under subsection (a)(1) with respect to 
     a product sourced from a foreign country, a Federal agency 
     shall assess whether a significant portion of the cost 
     advantage of the product is the result of the use of dumped 
     steel, iron, or manufactured goods or the use of injuriously 
     subsidized steel, iron, or manufactured goods.
       (B) Consultation.--The Federal agency conducting the 
     assessment under subparagraph (A) shall consult with the 
     International Trade Administration in making the assessment 
     if the agency considers such consultation to be helpful.
       (C) Use of findings.--The Federal agency conducting the 
     assessment under subparagraph (A) shall integrate any 
     findings from the assessment into its waiver determination.
       (c) Sense of Congress on Increasing Domestic Content 
     Requirements.--It is the sense of Congress that the Federal 
     Acquisition Regulatory Council should amend the Federal 
     Acquisition Regulation to increase the domestic content 
     requirements for domestic end products and domestic 
     construction material to 75 percent, or, in the event of no 
     qualifying offers, 60 percent.
       (d) Definition of End Product Manufactured in the United 
     States.--Not later than 1 year after the date of the 
     enactment of this Act, the Federal Acquisition Regulatory 
     Council shall amend part 25 of the Federal Acquisition 
     Regulation to provide a definition for ``end product 
     manufactured in the United States,'' including guidelines to 
     ensure that manufacturing processes involved in production of 
     the end product occur domestically.

     SEC. 4122. AMENDMENTS RELATING TO BUY AMERICAN ACT.

       (a) Special Rules Relating to American Materials Required 
     for Public Use.--Section 8302 of title 41, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(c) Special Rules.--The following rules apply in carrying 
     out the provisions of subsection (a):
       ``(1) Iron and steel manufactured in the united states.--
     For purposes of this section, manufactured articles, 
     materials, and supplies of iron and steel are deemed 
     manufactured in the United States only if all manufacturing 
     processes involved in the production of such iron and steel, 
     from the initial melting stage through the application of 
     coatings, occurs in the United States.
       ``(2) Limitation on exception for commercially available 
     off-the-shelf items.--Notwithstanding any law or regulation 
     to the contrary, including section 1907 of this title and the 
     Federal Acquisition Regulation, the requirements of this 
     section apply to all iron and steel articles, materials, and 
     supplies.''.
       (b) Production of Iron and Steel for Purposes of Contracts 
     for Public Works.--Section 8303 of title 41, United States 
     Code, is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Special Rules.--
       ``(1) Production of iron and steel.--For purposes of this 
     section, manufactured articles, materials, and supplies of 
     iron and steel are deemed manufactured in the United States 
     only if all manufacturing processes involved in the 
     production of such iron and steel, from the initial melting 
     stage through the application of coatings, occurs in the 
     United States.
       ``(2) Limitation on exception for commercially available 
     off-the-shelf items.--Notwithstanding any law or regulation 
     to the contrary, including section 1907 of this title and the 
     Federal Acquisition Regulation, the requirements of this 
     section apply to all iron and steel articles, materials, and 
     supplies used in contracts described in subsection (a).''.
       (c) Annual Report.--Subsection (b) of section 8302 of title 
     41, United States Code, is amended to read as follows:
       ``(b) Reports.--
       ``(1) In general.--Not later than 180 days after the end of 
     the fiscal year during which the Build America, Buy America 
     Act is enacted, and annually thereafter for 4 years, the 
     Director of the Office of Management and Budget, in 
     consultation with the Administrator of General Services, 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Reform of the House of Representatives a report 
     on the total amount of acquisitions made by Federal agencies 
     in the relevant fiscal year of articles, materials, or 
     supplies acquired from entities that mine, produce, or 
     manufacture the articles, materials, or supplies outside the 
     United States.
       ``(2) Exception for intelligence community.--This 
     subsection does not apply to acquisitions made by an agency, 
     or component of an agency, that is an element of the 
     intelligence community as specified in, or designated under, 
     section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003).''.
       (d) Definition.--Section 8301 of title 41, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(3) Federal agency.--The term `Federal agency' has the 
     meaning given the term `executive agency' in section 133 of 
     this title.''.
       (e) Conforming Amendments.--Title 41, United States Code, 
     is amended--
       (1) in section 8302(a)--
       (A) in paragraph (1)--
       (i) by striking ``department or independent establishment'' 
     and inserting ``Federal agency''; and
       (ii) by striking ``their acquisition to be inconsistent 
     with the public interest or their cost to be unreasonable'' 
     and inserting ``their acquisition to be inconsistent with the 
     public interest, their cost to be unreasonable, or that the 
     articles, materials, or supplies of the class or kind to be 
     used, or the articles, materials, or supplies from which they 
     are manufactured, are not mined, produced, or manufactured in 
     the United States in sufficient and reasonably available 
     commercial quantities and of a satisfactory quality''; and
       (B) in paragraph (2), by amending subparagraph (B) to read 
     as follows:
       ``(B) to any articles, materials, or supplies procured 
     pursuant to a reciprocal defense procurement memorandum of 
     understanding (as described in section 8304 of this title), 
     or a trade agreement or least developed country designation 
     described in subpart 25.400 of the Federal Acquisition 
     Regulation; and''; and
       (2) in section 8303--
       (A) in subsection (b)--
       (i) by striking ``department or independent establishment'' 
     each place it appears and inserting ``Federal agency'';
       (ii) by amending subparagraph (B) of paragraph (1) to read 
     as follows:
       ``(B) to any articles, materials, or supplies procured 
     pursuant to a reciprocal defense procurement memorandum of 
     understanding (as described in section 8304), or a trade

[[Page S7826]]

     agreement or least developed country designation described in 
     subpart 25.400 of the Federal Acquisition Regulation; and''; 
     and
       (iii) in paragraph (3)--

       (I) in the heading, by striking ``Inconsistent with public 
     interest'' and inserting ``Waiver authority''; and
       (II) by striking ``their purchase to be inconsistent with 
     the public interest or their cost to be unreasonable'' and 
     inserting ``their acquisition to be inconsistent with the 
     public interest, their cost to be unreasonable, or that the 
     articles, materials, or supplies of the class or kind to be 
     used, or the articles, materials, or supplies from which they 
     are manufactured, are not mined, produced, or manufactured in 
     the United States in sufficient and reasonably available 
     commercial quantities and of a satisfactory quality''; and

       (B) in subsection (d), as redesignated by subsection (b)(1) 
     of this section, by striking ``department, bureau, agency, or 
     independent establishment'' each place it appears and 
     inserting ``Federal agency''.
       (f) Exclusion From Inflation Adjustment of Acquisition-
     Related Dollar Thresholds.--Subparagraph (A) of section 
     1908(b)(2) of title 41, United States Code, is amended by 
     striking ``chapter 67'' and inserting ``chapters 67 and 83''.

     SEC. 4123. MADE IN AMERICA OFFICE.

       (a) Establishment.--The Director of the Office of 
     Management and Budget shall establish within the Office of 
     Management and Budget an office to be known as the ``Made in 
     America Office''. The head of the office shall be appointed 
     by the Director of the Office of Management and Budget (in 
     this section referred to as the ``Made in America 
     Director'').
       (b) Duties.--The Made in America Director shall have the 
     following duties:
       (1) Maximize and enforce compliance with domestic 
     preference statutes.
       (2) Develop and implement procedures to review waiver 
     requests or inapplicability requests related to domestic 
     preference statutes.
       (3) Prepare the reports required under subsections (c) and 
     (e).
       (4) Ensure that Federal contracting personnel, financial 
     assistance personnel, and non-Federal recipients are 
     regularly trained on obligations under the Buy American Act 
     and other agency-specific domestic preference statutes.
       (5) Conduct the review of reciprocal defense agreements 
     required under subsection (d).
       (6) Ensure that Federal agencies, Federal financial 
     assistance recipients, and the Hollings Manufacturing 
     Extension Partnership partner with each other to promote 
     compliance with domestic preference statutes.
       (7) Support executive branch efforts to develop and sustain 
     a domestic supply base to meet Federal procurement 
     requirements.
       (c) Office of Management and Budget Report.--Not later than 
     1 year after the date of the enactment of this Act, the 
     Director of the Office of Management and Budget, working 
     through the Made in America Director, shall report to the 
     relevant congressional committees on the extent to which, in 
     each of the three fiscal years prior to the date of enactment 
     of this Act, articles, materials, or supplies acquired by the 
     Federal Government were mined, produced, or manufactured 
     outside the United States. Such report shall include for each 
     Federal agency the following:
       (1) A summary of total procurement funds expended on 
     articles, materials, and supplies mined, produced, or 
     manufactured--
       (A) inside the United States;
       (B) outside the United States; and
       (C) outside the United States--
       (i) under each category of waiver under the Buy American 
     Act;
       (ii) under each category of exception under such chapter; 
     and
       (iii) for each country that mined, produced, or 
     manufactured such articles, materials, and supplies.
       (2) For each fiscal year covered by the report--
       (A) the dollar value of any articles, materials, or 
     supplies that were mined, produced, or manufactured outside 
     the United States, in the aggregate and by country;
       (B) an itemized list of all waivers made under the Buy 
     American Act with respect to articles, materials, or 
     supplies, where available, and the country where such 
     articles, materials, or supplies were mined, produced, or 
     manufactured;
       (C) if any articles, materials, or supplies were acquired 
     from entities that mine, produce, or manufacture such 
     articles, materials, or supplies outside the United States 
     due to an exception (that is not the micro-purchase threshold 
     exception described under section 8302(a)(2)(C) of title 41, 
     United States Code), the specific exception that was used to 
     purchase such articles, materials, or supplies; and
       (D) if any articles, materials, or supplies were acquired 
     from entities that mine, produce, or manufacture such 
     articles, materials, or supplies outside the United States 
     pursuant to a reciprocal defense procurement memorandum of 
     understanding (as described in section 8304 of title 41, 
     United States Code), or a trade agreement or least developed 
     country designation described in subpart 25.400 of the 
     Federal Acquisition Regulation, a citation to such memorandum 
     of understanding, trade agreement, or designation.
       (3) A description of the methods used by each Federal 
     agency to calculate the percentage domestic content of 
     articles, materials, and supplies mined, produced, or 
     manufactured in the United States.
       (d) Review of Reciprocal Defense Agreements.--
       (1) Review of process.--Not later than 180 days after the 
     date of the enactment of this Act, the Made in America 
     Director shall review the Department of Defense's use of 
     reciprocal defense agreements to determine if domestic 
     entities have equal and proportional access and report the 
     findings of the review to the Director of the Office of 
     Management and Budget, the Secretary of Defense, and the 
     Secretary of State.
       (2) Review of reciprocal procurement memoranda of 
     understanding.--The Made in America Director shall review 
     reciprocal procurement memoranda of understanding entered 
     into after the date of the enactment of this Act between the 
     Department of Defense and its counterparts in foreign 
     governments to assess whether domestic entities will have 
     equal and proportional access under the memoranda of 
     understanding and report the findings of the review to the 
     Director of the Office of Management and Budget, the 
     Secretary of Defense, and the Secretary of State.
       (e) Report on Use of Made in America Laws.--The Made in 
     America Director shall submit to the relevant congressional 
     committees a summary of each report on the use of Made in 
     America Laws received by the Made in America Director 
     pursuant to section 11 of Executive Order 14005, dated 
     January 25, 2021 (relating to ensuring the future is made in 
     all of America by all of America's workers) not later than 90 
     days after the date of the enactment of this Act or receipt 
     of the reports required under section 11 of such Executive 
     Order, whichever is later.
       (f) Domestic Preference Statute Defined.--In this section, 
     the term ``domestic preference statute'' means any of the 
     following:
       (1) the Buy American Act;
       (2) a Buy America law (as that term is defined in section 
     4116(a));
       (3) the Berry Amendment;
       (4) section 604 of the American Recovery and Reinvestment 
     Act of 2009 (6 U.S.C. 453b) (commonly referred to as the 
     ``Kissell amendment'');
       (5) section 2533b of title 10 (commonly referred to as the 
     ``specialty metals clause'');
       (6) laws requiring domestic preference for maritime 
     transport, including the Merchant Marine Act, 1920 (Public 
     Law 66-261), commonly known as the ``Jones Act''; and
       (7) any other law, regulation, rule, or executive order 
     relating to Federal financial assistance awards or Federal 
     procurement, that requires, or provides a preference for, the 
     purchase or acquisition of goods, products, or materials 
     produced in the United States, including iron, steel, 
     construction material, and manufactured goods offered in the 
     United States.

     SEC. 4124. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP 
                   ACTIVITIES.

       (a) Use of Hollings Manufacturing Extension Partnership to 
     Refer New Businesses to Contracting Opportunities.--The head 
     of each Federal agency shall work with the Director of the 
     Hollings Manufacturing Extension Partnership, as necessary, 
     to ensure businesses participating in this Partnership are 
     aware of their contracting opportunities.
       (b) Automatic Enrollment in GSA Advantage!.--The 
     Administrator of the General Services Administration and the 
     Secretary of Commerce, acting through the Under Secretary of 
     Commerce for Standards and Technology, shall jointly ensure 
     that each business that participates in the Hollings 
     Manufacturing Extension Partnership is automatically enrolled 
     in General Services Administration Advantage!.

     SEC. 4125. UNITED STATES OBLIGATIONS UNDER INTERNATIONAL 
                   AGREEMENTS.

       This part, and the amendments made by this part, shall be 
     applied in a manner consistent with United States obligations 
     under international agreements.

     SEC. 4126. DEFINITIONS.

       In this part:
       (1) Berry amendment.--The term ``Berry Amendment'' means 
     section 2533a of title 10, United States Code.
       (2) Buy american act.--The term ``Buy American Act'' means 
     chapter 83 of title 41, United States Code.
       (3) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term ``executive agency'' in section 133 of 
     title 41, United States Code.
       (4) Relevant congressional committees.--The term ``relevant 
     congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs, the Committee on Commerce, Science, and 
     Transportation, the Committee on Environment and Public 
     Works, the Committee on Banking, Housing, and Urban Affairs, 
     and the Committee on Armed Services of the Senate; and
       (B) the Committee on Oversight and Reform, the Committee on 
     Armed Services, and the Committee on Transportation and 
     Infrastructure of the House of Representatives.
       (5) Waiver.--The term ``waiver'', with respect to the 
     acquisition of an article, material, or supply for public 
     use, means the inapplicability of chapter 83 of title 41, 
     United States Code, to the acquisition by reason of any of 
     the following determinations under section 8302(a)(1) or 
     8303(b) of such title:

[[Page S7827]]

       (A) A determination by the head of the Federal agency 
     concerned that the acquisition is inconsistent with the 
     public interest.
       (B) A determination by the head of the Federal agency 
     concerned that the cost of the acquisition is unreasonable.
       (C) A determination by the head of the Federal agency 
     concerned that the article, material, or supply is not mined, 
     produced, or manufactured in the United States in sufficient 
     and reasonably available commercial quantities of a 
     satisfactory quality.

     SEC. 4127. PROSPECTIVE AMENDMENTS TO INTERNAL CROSS-
                   REFERENCES.

       (a) Specialty Metals Clause Reference.--Section 4123(f)(5) 
     is amended by striking ``section 2533b'' and inserting 
     ``section 4863''.
       (b) Berry Amendment Reference.--Section 4126(1) is amended 
     by striking ``section 2533a'' and inserting ``section 4862''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2022.

                      Subtitle B--BuyAmerican.gov

     SEC. 4131. SHORT TITLE.

       This subtitle may be cited as the ``BuyAmerican.gov Act of 
     2021''.

     SEC. 4132. DEFINITIONS.

       In this subtitle:
       (1) Buy american law.--The term ``Buy American law'' means 
     any law, regulation, Executive order, or rule relating to 
     Federal contracts, grants, or financial assistance that 
     requires or provides a preference for the purchase or use of 
     goods, products, or materials mined, produced, or 
     manufactured in the United States, including--
       (A) chapter 83 of title 41, United States Code (commonly 
     referred to as the ``Buy American Act'');
       (B) section 5323(j) of title 49, United States Code;
       (C) section 313 of title 23, United States Code;
       (D) section 50101 of title 49, United States Code;
       (E) section 24405 of title 49, United States Code;
       (F) section 608 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1388);
       (G) section 1452(a)(4) of the Safe Drinking Water Act (42 
     U.S.C. 300j-12(a)(4));
       (H) section 5035 of the Water Resources Reform and 
     Development Act of 2014 (33 U.S.C. 3914);
       (I) section 2533a of title 10, United States Code (commonly 
     referred to as the ``Berry Amendment''); and
       (J) section 2533b of title 10, United States Code.
       (2) Executive agency.--The term ``executive agency'' has 
     the meaning given the term ``agency'' in paragraph (1) of 
     section 3502 of title 44, United States Code, except that it 
     does not include an independent regulatory agency, as that 
     term is defined in paragraph (5) of such section.
       (3) Buy american waiver.--The term ``Buy American waiver'' 
     refers to an exception to or waiver of any Buy American law, 
     or the terms and conditions used by an agency in granting an 
     exception to or waiver from Buy American laws.

     SEC. 4133. SENSE OF CONGRESS ON BUYING AMERICAN.

       It is the sense of Congress that--
       (1) every executive agency should maximize, through terms 
     and conditions of Federal financial assistance awards and 
     Federal procurements, the use of goods, products, and 
     materials produced in the United States and contracts for 
     outsourced government service contracts to be performed by 
     United States nationals;
       (2) every executive agency should scrupulously monitor, 
     enforce, and comply with Buy American laws, to the extent 
     they apply, and minimize the use of waivers; and
       (3) every executive agency should use available data to 
     routinely audit its compliance with Buy American laws.

     SEC. 4134. ASSESSMENT OF IMPACT OF FREE TRADE AGREEMENTS.

       Not later than 150 days after the date of the enactment of 
     this Act, the Secretary of Commerce, the United States Trade 
     Representative, and the Director of the Office of Management 
     and Budget shall assess the impacts in a publicly available 
     report of all United States free trade agreements, the World 
     Trade Organization Agreement on Government Procurement, and 
     Federal permitting processes on the operation of Buy American 
     laws, including their impacts on the implementation of 
     domestic procurement preferences.

     SEC. 4135. JUDICIOUS USE OF WAIVERS.

       (a) In General.--To the extent permitted by law, a Buy 
     American waiver that is determined by an agency head or other 
     relevant official to be in the public interest shall be 
     construed to ensure the maximum utilization of goods, 
     products, and materials produced in the United States.
       (b) Public Interest Waiver Determinations.--To the extent 
     permitted by law, determination of public interest waivers 
     shall be made by the head of the agency with the authority 
     over the Federal financial assistance award or Federal 
     procurement under consideration.

     SEC. 4136. ESTABLISHMENT OF BUYAMERICAN.GOV WEBSITE.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Administrator of General 
     Services shall establish an Internet website with the address 
     BuyAmerican.gov that will be publicly available and free to 
     access. The website shall include information on all waivers 
     of and exceptions to Buy American laws since the date of the 
     enactment of this Act that have been requested, are under 
     consideration, or have been granted by executive agencies and 
     be designed to enable manufacturers and other interested 
     parties to easily identify waivers. The website shall also 
     include the results of routine audits to determine data 
     errors and Buy American law violations after the award of a 
     contract. The website shall provide publicly available 
     contact information for the relevant contracting agencies.
       (b) Utilization of Existing Website.--The requirements of 
     subsection (a) may be met by utilizing an existing website, 
     provided that the address of that website is BuyAmerican.gov.

     SEC. 4137. WAIVER TRANSPARENCY AND STREAMLINING FOR 
                   CONTRACTS.

       (a) Collection of Information.--The Administrator of 
     General Services, in consultation with the heads of relevant 
     agencies, shall develop a mechanism to collect information on 
     requests to invoke a Buy American waiver for a Federal 
     contract, utilizing existing reporting requirements whenever 
     possible, for purposes of providing early notice of possible 
     waivers via the website established under section 4136.
       (b) Waiver Transparency and Streamlining.--
       (1) Requirement.--Prior to granting a request to waive a 
     Buy American law, the head of an executive agency shall 
     submit a request to invoke a Buy American waiver to the 
     Administrator of General Services, and the Administrator of 
     General Services shall make the request available on or 
     through the public website established under section 4136 for 
     public comment for not less than 15 days.
       (2) Exception.--The requirement under paragraph (1) does 
     not apply to a request for a Buy American waiver to satisfy 
     an urgent contracting need in an unforeseen and exigent 
     circumstance.
       (c) Information Available to the Executive Agency 
     Concerning the Request.--
       (1) Requirement.--No Buy American waiver for purposes of 
     awarding a contract may be granted if, in contravention of 
     subsection (b)--
       (A) information about the waiver was not made available on 
     the website under section 4136; or
       (B) no opportunity for public comment concerning the 
     request was granted.
       (2) Scope.--Information made available to the public 
     concerning the request included on the website described in 
     section 4136 shall properly and adequately document and 
     justify the statutory basis cited for the requested waiver. 
     Such information shall include--
       (A) a detailed justification for the use of goods, 
     products, or materials mined, produced, or manufactured 
     outside the United States;
       (B) for requests citing unreasonable cost as the statutory 
     basis of the waiver, a comparison of the cost of the domestic 
     product to the cost of the foreign product or a comparison of 
     the overall cost of the project with domestic products to the 
     overall cost of the project with foreign-origin products or 
     services, pursuant to the requirements of the applicable Buy 
     American law, except that publicly available cost comparison 
     data may be provided in lieu of proprietary pricing 
     information;
       (C) for requests citing the public interest as the 
     statutory basis for the waiver, a detailed written statement, 
     which shall include all appropriate factors, such as 
     potential obligations under international agreements, 
     justifying why the requested waiver is in the public 
     interest; and
       (D) a certification that the procurement official or 
     assistance recipient made a good faith effort to solicit bids 
     for domestic products supported by terms included in requests 
     for proposals, contracts, and nonproprietary communications 
     with the prime contractor.
       (d) Nonavailability Waivers.--
       (1) In general.--Except as provided under paragraph (2), 
     for a request citing nonavailability as the statutory basis 
     for a Buy American waiver, an executive agency shall provide 
     an explanation of the procurement official's efforts to 
     procure a product from a domestic source and the reasons why 
     a domestic product was not available from a domestic source. 
     Those explanations shall be made available on BuyAmerican.gov 
     prior to the issuance of the waiver, and the agency shall 
     consider public comments regarding the availability of the 
     product before making a final determination.
       (2) Exception.--An explanation under paragraph (1) is not 
     required for a product the nonavailability of which is 
     established by law or regulation.

     SEC. 4138. COMPTROLLER GENERAL REPORT.

       Not later than two years after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to Congress a report describing the implementation of 
     this subtitle, including recommendations for any legislation 
     to improve the collection and reporting of information 
     regarding waivers of and exceptions to Buy American laws.

     SEC. 4139. RULES OF CONSTRUCTION.

       (a) Disclosure Requirements.--Nothing in this subtitle 
     shall be construed as preempting, superseding, or otherwise 
     affecting the application of any disclosure requirement or 
     requirements otherwise provided by law or regulation.
       (b) Establishment of Successor Information Systems.--
     Nothing in this subtitle shall

[[Page S7828]]

     be construed as preventing or otherwise limiting the ability 
     of the Administrator of General Services to move the data 
     required to be included on the website established under 
     subsection (a) to a successor information system. Any such 
     information system shall include a reference to 
     BuyAmerican.gov.

     SEC. 4140. CONSISTENCY WITH INTERNATIONAL AGREEMENTS.

       This subtitle shall be applied in a manner consistent with 
     United States obligations under international agreements.

     SEC. 4141. PROSPECTIVE AMENDMENTS TO INTERNAL CROSS-
                   REFERENCES.

       (a) In General.--Section 4132(1) is amended--
       (1) in subparagraph (I), by striking ``section 2533a'' and 
     inserting ``section 4862''; and
       (2) in subparagraph (J), by striking ``section 2533b'' and 
     inserting ``section 4863''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on January 1, 2022.

                    Subtitle C--Make PPE in America

     SEC. 4151. SHORT TITLE.

       This subtitle may be cited as the ``Make PPE in America 
     Act''.

     SEC. 4152. FINDINGS.

       Congress makes the following findings:
       (1) The COVID-19 pandemic has exposed the vulnerability of 
     the United States supply chains for, and lack of domestic 
     production of, personal protective equipment (PPE).
       (2) The United States requires a robust, secure, and wholly 
     domestic PPE supply chain to safeguard public health and 
     national security.
       (3) Issuing a strategy that provides the government's 
     anticipated needs over the next three years will enable 
     suppliers to assess what changes, if any, are needed in their 
     manufacturing capacity to meet expected demands.
       (4) In order to foster a domestic PPE supply chain, United 
     States industry needs a strong and consistent demand signal 
     from the Federal Government providing the necessary certainty 
     to expand production capacity investment in the United 
     States.
       (5) In order to effectively incentivize investment in the 
     United States and the re-shoring of manufacturing, long-term 
     contracts must be no shorter than three years in duration.
       (6) To accomplish this aim, the United States should seek 
     to ensure compliance with its international obligations, such 
     as its commitments under the World Trade Organization's 
     Agreement on Government Procurement and its free trade 
     agreements, including by invoking any relevant exceptions to 
     those agreements, especially those related to national 
     security and public health.
       (7) The United States needs a long-term investment strategy 
     for the domestic production of PPE items critical to the 
     United States national response to a public health crisis, 
     including the COVID-19 pandemic.

     SEC. 4153. REQUIREMENT OF LONG-TERM CONTRACTS FOR 
                   DOMESTICALLY MANUFACTURED PERSONAL PROTECTIVE 
                   EQUIPMENT.

       (a) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs, the Committee on Health, Education, Labor, and 
     Pensions, the Committee on Finance, and the Committee on 
     Veterans' Affairs of the Senate; and
       (B) the Committee on Homeland Security, the Committee on 
     Oversight and Reform, the Committee on Energy and Commerce, 
     the Committee on Ways and Means, and the Committee on 
     Veterans' Affairs of the House of Representatives.
       (2) Covered secretary.--The term ``covered Secretary'' 
     means the Secretary of Homeland Security, the Secretary of 
     Health and Human Services, and the Secretary of Veterans 
     Affairs.
       (3) Personal protective equipment.--The term ``personal 
     protective equipment'' means surgical masks, respirator masks 
     and powered air purifying respirators and required filters, 
     face shields and protective eyewear, gloves, disposable and 
     reusable surgical and isolation gowns, head and foot 
     coverings, and other gear or clothing used to protect an 
     individual from the transmission of disease.
       (4) United states.--The term ``United States'' means the 50 
     States, the District of Columbia, and the possessions of the 
     United States.
       (b) Contract Requirements for Domestic Production.--
     Beginning 90 days after the date of the enactment of this 
     Act, in order to ensure the sustainment and expansion of 
     personal protective equipment manufacturing in the United 
     States and meet the needs of the current pandemic response, 
     any contract for the procurement of personal protective 
     equipment entered into by a covered Secretary, or a covered 
     Secretary's designee, shall--
       (1) be issued for a duration of at least 2 years, plus all 
     option periods necessary, to incentivize investment in the 
     production of personal protective equipment and the materials 
     and components thereof in the United States; and
       (2) be for personal protective equipment, including the 
     materials and components thereof, that is grown, reprocessed, 
     reused, or produced in the United States.
       (c) Alternatives to Domestic Production.--The requirement 
     under subsection (b) shall not apply to an item of personal 
     protective equipment, or component or material thereof if, 
     after maximizing to the extent feasible sources consistent 
     with subsection (b), the covered Secretary--
       (1) maximizes sources for personal protective equipment 
     that is assembled outside the United States containing only 
     materials and components that are grown, reprocessed, reused, 
     or produced in the United States; and
       (2) certifies every 120 days that it is necessary to 
     procure personal protective equipment under alternative 
     procedures to respond to the immediate needs of a public 
     health emergency.
       (d) Availability Exception.--
       (1) In general.--Subsections (b) and (c) shall not apply to 
     an item of personal protective equipment, or component or 
     material thereof--
       (A) that is, or that includes, a material listed in section 
     25.104 of the Federal Acquisition Regulation as one for which 
     a non-availability determination has been made; or
       (B) as to which the covered Secretary determines that a 
     sufficient quantity of a satisfactory quality that is grown, 
     reprocessed, reused, or produced in the United States cannot 
     be procured as, and when, needed at United States market 
     prices.
       (2) Certification requirement.--The covered Secretary shall 
     certify every 120 days that the exception under paragraph (1) 
     is necessary to meet the immediate needs of a public health 
     emergency.
       (e) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Management and Budget, in consultation with the covered 
     Secretaries, shall submit to the chairs and ranking members 
     of the appropriate congressional committees a report on the 
     procurement of personal protective equipment.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following elements:
       (A) The United States long-term domestic procurement 
     strategy for PPE produced in the United States, including 
     strategies to incentivize investment in and maintain United 
     States supply chains for all PPE sufficient to meet the needs 
     of the United States during a public health emergency.
       (B) An estimate of long-term demand quantities for all PPE 
     items procured by the United States.
       (C) Recommendations for congressional action required to 
     implement the United States Government's procurement 
     strategy.
       (D) A determination whether all notifications, amendments, 
     and other necessary actions have been completed to bring the 
     United States existing international obligations into 
     conformity with the statutory requirements of this subtitle.
       (f) Authorization of Transfer of Equipment.--
       (1) In general.--A covered Secretary may transfer to the 
     Strategic National Stockpile established under section 319F-2 
     of the Public Health Service Act (42 U.S.C. 247d-6b) any 
     excess personal protective equipment acquired under a 
     contract executed pursuant to subsection (b).
       (2) Transfer of equipment during a public health 
     emergency.--
       (A) Amendment.--Title V of the Homeland Security Act of 
     2002 (6 U.S.C. 311 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 529. TRANSFER OF EQUIPMENT DURING A PUBLIC HEALTH 
                   EMERGENCY.

       ``(a) Authorization of Transfer of Equipment.--During a 
     public health emergency declared by the Secretary of Health 
     and Human Services under section 319(a) of the Public Health 
     Service Act (42 U.S.C. 247d(a)), the Secretary, at the 
     request of the Secretary of Health and Human Services, may 
     transfer to the Department of Health and Human Services, on a 
     reimbursable basis, excess personal protective equipment or 
     medically necessary equipment in the possession of the 
     Department.
       ``(b) Determination by Secretaries.--
       ``(1) In general.--In carrying out this section--
       ``(A) before requesting a transfer under subsection (a), 
     the Secretary of Health and Human Services shall determine 
     whether the personal protective equipment or medically 
     necessary equipment is otherwise available; and
       ``(B) before initiating a transfer under subsection (a), 
     the Secretary, in consultation with the heads of each 
     component within the Department, shall--
       ``(i) determine whether the personal protective equipment 
     or medically necessary equipment requested to be transferred 
     under subsection (a) is excess equipment; and
       ``(ii) certify that the transfer of the personal protective 
     equipment or medically necessary equipment will not adversely 
     impact the health or safety of officers, employees, or 
     contractors of the Department.
       ``(2) Notification.--The Secretary of Health and Human 
     Services and the Secretary shall each submit to Congress a 
     notification explaining the determination made under 
     subparagraphs (A) and (B), respectively, of paragraph (1).
       ``(3) Required inventory.--
       ``(A) In general.--The Secretary shall--
       ``(i) acting through the Chief Medical Officer of the 
     Department, maintain an inventory of all personal protective 
     equipment and medically necessary equipment in the possession 
     of the Department; and
       ``(ii) make the inventory required under clause (i) 
     available, on a continual basis, to--

[[Page S7829]]

       ``(I) the Secretary of Health and Human Services; and
       ``(II) the Committee on Appropriations and the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Appropriations and the Committee on Homeland 
     Security of the House of Representatives.

       ``(B) Form.--Each inventory required to be made available 
     under subparagraph (A) shall be submitted in unclassified 
     form, but may include a classified annex.''.
       (B) Table of contents amendment.--The table of contents in 
     section 1(b) of the Homeland Security Act of 2002 (Public Law 
     107-296; 116 Stat. 2135) is amended by inserting after the 
     item relating to section 528 the following:

``Sec. 529. Transfer of equipment during a public health emergency.''.
       (3) Strategic national stockpile.--Section 319F-2(a) of the 
     Public Health Service Act (42 U.S.C. 247d-6b(a)) is amended 
     by adding at the end the following:
       ``(6) Transfers of items.--The Secretary, in coordination 
     with the Secretary of Homeland Security, may sell drugs, 
     vaccines and other biological products, medical devices, or 
     other supplies maintained in the stockpile under paragraph 
     (1) to a Federal agency or private, nonprofit, State, local, 
     tribal, or territorial entity for immediate use and 
     distribution, provided that any such items being sold are--
       ``(A) within 1 year of their expiration date; or
       ``(B) determined by the Secretary to no longer be needed in 
     the stockpile due to advances in medical or technical 
     capabilities.''.
       (g) Compliance With International Agreements.--The 
     President or the President's designee shall take all 
     necessary steps, including invoking the rights of the United 
     States under Article III of the World Trade Organization's 
     Agreement on Government Procurement and the relevant 
     exceptions of other relevant agreements to which the United 
     States is a party, to ensure that the international 
     obligations of the United States are consistent with the 
     provisions of this subtitle.

              TITLE II--CYBER AND ARTIFICIAL INTELLIGENCE

                   Subtitle A--Advancing American AI

     SEC. 4201. SHORT TITLE.

       This subtitle may be cited as the ``Advancing American AI 
     Act''.

     SEC. 4202. PURPOSE.

       The purposes of this subtitle are to--
       (1) encourage agency artificial intelligence-related 
     programs and initiatives that enhance the competitiveness of 
     the United States and foster an approach to artificial 
     intelligence that builds on the strengths of the United 
     States in innovation and entrepreneurialism;
       (2) enhance the ability of the Federal Government to 
     translate research advances into artificial intelligence 
     applications to modernize systems and assist agency leaders 
     in fulfilling their missions;
       (3) promote adoption of modernized business practices and 
     advanced technologies across the Federal Government that 
     align with the values of the United States, including the 
     protection of privacy, civil rights, and civil liberties; and
       (4) test and harness applied artificial intelligence to 
     enhance mission effectiveness and business practice 
     efficiency.

     SEC. 4203. DEFINITIONS.

       In this subtitle:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term in section 3502 of title 44, United States Code.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Oversight and Reform of the House of 
     Representatives.
       (3) Artificial intelligence.--The term ``artificial 
     intelligence'' has the meaning given the term in section 
     238(g) of the John S. McCain National Defense Authorization 
     Act for Fiscal Year 2019 (10 U.S.C. 2358 note).
       (4) Artificial intelligence system.--The term ``artificial 
     intelligence system''--
       (A) means any data system, software, application, tool, or 
     utility that operates in whole or in part using dynamic or 
     static machine learning algorithms or other forms of 
     artificial intelligence, whether--
       (i) the data system, software, application, tool, or 
     utility is established primarily for the purpose of 
     researching, developing, or implementing artificial 
     intelligence technology; or
       (ii) artificial intelligence capability is integrated into 
     another system or agency business process, operational 
     activity, or technology system; and
       (B) does not include any common commercial product within 
     which artificial intelligence is embedded, such as a word 
     processor or map navigation system.
       (5) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (6) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.

     SEC. 4204. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL 
                   INTELLIGENCE IN GOVERNMENT.

       (a) Guidance.--The Director shall, when developing the 
     guidance required under section 104(a) of the AI in 
     Government Act of 2020 (title I of division U of Public Law 
     116-260), consider--
       (1) the considerations and recommended practices identified 
     by the National Security Commission on Artificial 
     Intelligence in the report entitled ``Key Considerations for 
     the Responsible Development and Fielding of AI'', as updated 
     in April 2021;
       (2) the principles articulated in Executive Order 13960 (85 
     Fed. Reg. 78939; relating to promoting the use of trustworthy 
     artificial intelligence in Government); and
       (3) the input of--
       (A) the Privacy and Civil Liberties Oversight Board;
       (B) relevant interagency councils, such as the Federal 
     Privacy Council, the Chief Information Officers Council, and 
     the Chief Data Officers Council;
       (C) other governmental and nongovernmental privacy, civil 
     rights, and civil liberties experts; and
       (D) any other individual or entity the Director determines 
     to be appropriate.
       (b) Department Policies and Processes for Procurement and 
     Use of Artificial Intelligence-enabled Systems.--Not later 
     than 180 days after the date of enactment of this Act--
       (1) the Secretary of Homeland Security, with the 
     participation of the Chief Procurement Officer, the Chief 
     Information Officer, the Chief Privacy Officer, and the 
     Officer for Civil Rights and Civil Liberties of the 
     Department and any other person determined to be relevant by 
     the Secretary of Homeland Security, shall issue policies and 
     procedures for the Department related to--
       (A) the acquisition and use of artificial intelligence; and
       (B) considerations for the risks and impacts related to 
     artificial intelligence-enabled systems, including associated 
     data of machine learning systems, to ensure that full 
     consideration is given to--
       (i) the privacy, civil rights, and civil liberties impacts 
     of artificial intelligence-enabled systems; and
       (ii) security against misuse, degradation, or rending 
     inoperable of artificial intelligence-enabled systems; and
       (2) the Chief Privacy Officer and the Officer for Civil 
     Rights and Civil Liberties of the Department shall report to 
     Congress on any additional staffing or funding resources that 
     may be required to carry out the requirements of this 
     subsection.
       (c) Inspector General.--Not later than 180 days after the 
     date of enactment of this Act, the Inspector General of the 
     Department shall identify any training and investments needed 
     to enable employees of the Office of the Inspector General to 
     continually advance their understanding of--
       (1) artificial intelligence systems;
       (2) best practices for governance, oversight, and audits of 
     the use of artificial intelligence systems; and
       (3) how the Office of the Inspector General is using 
     artificial intelligence to enhance audit and investigative 
     capabilities, including actions to--
       (A) ensure the integrity of audit and investigative 
     results; and
       (B) guard against bias in the selection and conduct of 
     audits and investigations.
       (d) Artificial Intelligence Hygiene and Protection of 
     Government Information, Privacy, Civil Rights, and Civil 
     Liberties.--
       (1) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Director, in consultation with a 
     working group consisting of members selected by the Director 
     from appropriate interagency councils, shall develop an 
     initial means by which to--
       (A) ensure that contracts for the acquisition of an 
     artificial intelligence system or service--
       (i) align with the guidance issued to the head of each 
     agency under section 104(a) of the AI in Government Act of 
     2020 (title I of division U of Public Law 116-260);
       (ii) address protection of privacy, civil rights, and civil 
     liberties;
       (iii) address the ownership and security of data and other 
     information created, used, processed, stored, maintained, 
     disseminated, disclosed, or disposed of by a contractor or 
     subcontractor on behalf of the Federal Government; and
       (iv) include considerations for securing the training data, 
     algorithms, and other components of any artificial 
     intelligence system against misuse, unauthorized alteration, 
     degradation, or rendering inoperable; and
       (B) address any other issue or concern determined to be 
     relevant by the Director to ensure appropriate use and 
     protection of privacy and Government data and other 
     information.
       (2) Consultation.--In developing the considerations under 
     paragraph (1)(A)(iv), the Director shall consult with the 
     Secretary of Homeland Security, the Director of the National 
     Institute of Standards and Technology, and the Director of 
     National Intelligence.
       (3) Review.--The Director--
       (A) should continuously update the means developed under 
     paragraph (1); and
       (B) not later than 2 years after the date of enactment of 
     this Act and not less frequently than every 2 years 
     thereafter, shall update the means developed under paragraph 
     (1).
       (4) Briefing.--The Director shall brief the appropriate 
     congressional committees--
       (A) not later than 90 days after the date of enactment of 
     this Act and thereafter on a

[[Page S7830]]

     quarterly basis until the Director first implements the means 
     developed under paragraph (1); and
       (B) annually thereafter on the implementation of this 
     subsection.
       (5) Sunset.--This subsection shall cease to be effective on 
     the date that is 5 years after the date of enactment of this 
     Act.

     SEC. 4205. AGENCY INVENTORIES AND ARTIFICIAL INTELLIGENCE USE 
                   CASES.

       (a) Inventory.--Not later than 60 days after the date of 
     enactment of this Act, and continuously thereafter for a 
     period of 5 years, the Director, in consultation with the 
     Chief Information Officers Council, the Chief Data Officers 
     Council, and other interagency bodies as determined to be 
     appropriate by the Director, shall require the head of each 
     agency to--
       (1) prepare and maintain an inventory of the artificial 
     intelligence use cases of the agency, including current and 
     planned uses;
       (2) share agency inventories with other agencies, to the 
     extent practicable and consistent with applicable law and 
     policy, including those concerning protection of privacy and 
     of sensitive law enforcement, national security, and other 
     protected information; and
       (3) make agency inventories available to the public, in a 
     manner determined by the Director, and to the extent 
     practicable and in accordance with applicable law and policy, 
     including those concerning the protection of privacy and of 
     sensitive law enforcement, national security, and other 
     protected information.
       (b) Central Inventory.--The Director is encouraged to 
     designate a host entity and ensure the creation and 
     maintenance of an online public directory to--
       (1) make agency artificial intelligence use case 
     information available to the public and those wishing to do 
     business with the Federal Government; and
       (2) identify common use cases across agencies.
       (c) Sharing.--The sharing of agency inventories described 
     in subsection (a)(2) may be coordinated through the Chief 
     Information Officers Council, the Chief Data Officers 
     Council, the Chief Financial Officers Council, the Chief 
     Acquisition Officers Council, or other interagency bodies to 
     improve interagency coordination and information sharing for 
     common use cases.

     SEC. 4206. RAPID PILOT, DEPLOYMENT AND SCALE OF APPLIED 
                   ARTIFICIAL INTELLIGENCE CAPABILITIES TO 
                   DEMONSTRATE MODERNIZATION ACTIVITIES RELATED TO 
                   USE CASES.

       (a) Identification of Use Cases.--Not later than 270 days 
     after the date of enactment of this Act, the Director, in 
     consultation with the Chief Information Officers Council, the 
     Chief Data Officers Council, and other interagency bodies as 
     determined to be appropriate by the Director, shall identify 
     4 new use cases for the application of artificial 
     intelligence-enabled systems to support interagency or intra-
     agency modernization initiatives that require linking 
     multiple siloed internal and external data sources, 
     consistent with applicable laws and policies, including those 
     relating to the protection of privacy and of sensitive law 
     enforcement, national security, and other protected 
     information.
       (b) Pilot Program.--
       (1) Purposes.--The purposes of the pilot program under this 
     subsection include--
       (A) to enable agencies to operate across organizational 
     boundaries, coordinating between existing established 
     programs and silos to improve delivery of the agency mission; 
     and
       (B) to demonstrate the circumstances under which artificial 
     intelligence can be used to modernize or assist in 
     modernizing legacy agency systems.
       (2) Deployment and pilot.--Not later than 1 year after the 
     date of enactment of this Act, the Director, in coordination 
     with the heads of relevant agencies and other officials as 
     the Director determines to be appropriate, shall ensure the 
     initiation of the piloting of the 4 new artificial 
     intelligence use case applications identified under 
     subsection (a), leveraging commercially available 
     technologies and systems to demonstrate scalable artificial 
     intelligence-enabled capabilities to support the use cases 
     identified under subsection (a).
       (3) Risk evaluation and mitigation plan.--In carrying out 
     paragraph (2), the Director shall require the heads of 
     agencies to--
       (A) evaluate risks in utilizing artificial intelligence 
     systems; and
       (B) develop a risk mitigation plan to address those risks, 
     including consideration of--
       (i) the artificial intelligence system not performing as 
     expected;
       (ii) the lack of sufficient or quality training data; and
       (iii) the vulnerability of a utilized artificial 
     intelligence system to unauthorized manipulation or misuse.
       (4) Prioritization.--In carrying out paragraph (2), the 
     Director shall prioritize modernization projects that--
       (A) would benefit from commercially available privacy-
     preserving techniques, such as use of differential privacy, 
     federated learning, and secure multiparty computing; and
       (B) otherwise take into account considerations of civil 
     rights and civil liberties.
       (5) Use case modernization application areas.--Use case 
     modernization application areas described in paragraph (2) 
     shall include not less than 1 from each of the following 
     categories:
       (A) Applied artificial intelligence to drive agency 
     productivity efficiencies in predictive supply chain and 
     logistics, such as--
       (i) predictive food demand and optimized supply;
       (ii) predictive medical supplies and equipment demand and 
     optimized supply; or
       (iii) predictive logistics to accelerate disaster 
     preparedness, response, and recovery.
       (B) Applied artificial intelligence to accelerate agency 
     investment return and address mission-oriented challenges, 
     such as--
       (i) applied artificial intelligence portfolio management 
     for agencies;
       (ii) workforce development and upskilling;
       (iii) redundant and laborious analyses;
       (iv) determining compliance with Government requirements, 
     such as with grants management; or
       (v) outcomes measurement to measure economic and social 
     benefits.
       (6) Requirements.--Not later than 3 years after the date of 
     enactment of this Act, the Director, in coordination with the 
     heads of relevant agencies and other officials as the 
     Director determines to be appropriate, shall establish an 
     artificial intelligence capability within each of the 4 use 
     case pilots under this subsection that--
       (A) solves data access and usability issues with automated 
     technology and eliminates or minimizes the need for manual 
     data cleansing and harmonization efforts;
       (B) continuously and automatically ingests data and updates 
     domain models in near real-time to help identify new patterns 
     and predict trends, to the extent possible, to help agency 
     personnel to make better decisions and take faster actions;
       (C) organizes data for meaningful data visualization and 
     analysis so the Government has predictive transparency for 
     situational awareness to improve use case outcomes;
       (D) is rapidly configurable to support multiple 
     applications and automatically adapts to dynamic conditions 
     and evolving use case requirements, to the extent possible;
       (E) enables knowledge transfer and collaboration across 
     agencies; and
       (F) preserves intellectual property rights to the data and 
     output for benefit of the Federal Government and agencies.
       (c) Briefing.--Not earlier than 270 days but not later than 
     1 year after the date of enactment of this Act, and annually 
     thereafter for 4 years, the Director shall brief the 
     appropriate congressional committees on the activities 
     carried out under this section and results of those 
     activities.
       (d) Sunset.--The section shall cease to be effective on the 
     date that is 5 years after the date of enactment of this Act.

     SEC. 4207. ENABLING ENTREPRENEURS AND AGENCY MISSIONS.

       (a) Innovative Commercial Items.--Section 880 of the 
     National Defense Authorization Act for Fiscal Year 2017 (41 
     U.S.C. 3301 note) is amended--
       (1) in subsection (c), by striking $10,000,000'' and 
     inserting ``$25,000,000'';
       (2) by amending subsection (f) to read as follows:
       ``(f) Definitions.--In this section--
       ``(1) the term `commercial product'--
       ``(A) has the meaning given the term `commercial item' in 
     section 2.101 of the Federal Acquisition Regulation; and
       ``(B) includes a commercial product or a commercial 
     service, as defined in sections 103 and 103a, respectively, 
     of title 41, United States Code; and
       ``(2) the term `innovative' means--
       ``(A) any new technology, process, or method, including 
     research and development; or
       ``(B) any new application of an existing technology, 
     process, or method.''; and
       (3) in subsection (g), by striking ``2022'' and insert 
     ``2027''.
       (b) DHS Other Transaction Authority.--Section 831 of the 
     Homeland Security Act of 2002 (6 U.S.C. 391) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``September 30, 2017'' and inserting ``September 30, 2024''; 
     and
       (B) by amending paragraph (2) to read as follows:
       ``(2) Prototype projects.--The Secretary--
       ``(A) may, under the authority of paragraph (1), carry out 
     prototype projects under section 2371b of title 10, United 
     States Code; and
       ``(B) in applying the authorities of such section 2371b, 
     the Secretary shall perform the functions of the Secretary of 
     Defense as prescribed in such section.'';
       (2) in subsection (c)(1), by striking ``September 30, 
     2017'' and inserting ``September 30, 2024''; and
       (3) in subsection (d), by striking ``section 845(e)'' and 
     all that follows and inserting ``section 2371b(e) of title 
     10, United States Code.''.
       (c) Commercial Off the Shelf Supply Chain Risk Management 
     Tools.--The General Services Administration is encouraged to 
     pilot commercial off the shelf supply chain risk management 
     tools to improve the ability of the Federal Government to 
     characterize, monitor, predict, and respond to specific 
     supply chain threats and vulnerabilities that could inhibit 
     future Federal acquisition operations.

                Subtitle B--Cyber Response and Recovery

     SEC. 4251. SHORT TITLE.

       This subtitle may be cited as the ``Cyber Response and 
     Recovery Act''.

[[Page S7831]]

  


     SEC. 4252. DECLARATION OF A SIGNIFICANT INCIDENT.

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

          ``Subtitle C--Declaration of a Significant Incident

     ``SEC. 2231. SENSE OF CONGRESS.

       ``It is the sense of Congress that--
       ``(1) the purpose of this subtitle is to authorize the 
     Secretary to declare that a significant incident has occurred 
     and to establish the authorities that are provided under the 
     declaration to respond to and recover from the significant 
     incident; and
       ``(2) the authorities established under this subtitle are 
     intended to enable the Secretary to provide voluntary 
     assistance to non-Federal entities impacted by a significant 
     incident.

     ``SEC. 2232. DEFINITIONS.

       ``For the purposes of this subtitle:
       ``(1) Asset response activity.--The term `asset response 
     activity' means an activity to support an entity impacted by 
     an incident with the response to, remediation of, or recovery 
     from, the incident, including--
       ``(A) furnishing technical and advisory assistance to the 
     entity to protect the assets of the entity, mitigate 
     vulnerabilities, and reduce the related impacts;
       ``(B) assessing potential risks to the critical 
     infrastructure sector or geographic region impacted by the 
     incident, including potential cascading effects of the 
     incident on other critical infrastructure sectors or 
     geographic regions;
       ``(C) developing courses of action to mitigate the risks 
     assessed under subparagraph (B);
       ``(D) facilitating information sharing and operational 
     coordination with entities performing threat response 
     activities; and
       ``(E) providing guidance on how best to use Federal 
     resources and capabilities in a timely, effective manner to 
     speed recovery from the incident.
       ``(2) Declaration.--The term `declaration' means a 
     declaration of the Secretary under section 2233(a)(1).
       ``(3) Director.--The term `Director' means the Director of 
     the Cybersecurity and Infrastructure Security Agency.
       ``(4) Federal agency.--The term `Federal agency' has the 
     meaning given the term `agency' in section 3502 of title 44, 
     United States Code.
       ``(5) Fund.--The term `Fund' means the Cyber Response and 
     Recovery Fund established under section 2234(a).
       ``(6) Incident.--The term `incident' has the meaning given 
     the term in section 3552 of title 44, United States Code.
       ``(7) Renewal.--The term `renewal' means a renewal of a 
     declaration under section 2233(d).
       ``(8) Significant incident.--The term `significant 
     incident'--
       ``(A) means an incident or a group of related incidents 
     that results, or is likely to result, in demonstrable harm 
     to--
       ``(i) the national security interests, foreign relations, 
     or economy of the United States; or
       ``(ii) the public confidence, civil liberties, or public 
     health and safety of the people of the United States; and
       ``(B) does not include an incident or a portion of a group 
     of related incidents that occurs on--
       ``(i) a national security system (as defined in section 
     3552 of title 44, United States Code); or
       ``(ii) an information system described in paragraph (2) or 
     (3) of section 3553(e) of title 44, United States Code.

     ``SEC. 2233. DECLARATION.

       ``(a) In General.--
       ``(1) Declaration.--The Secretary, in consultation with the 
     National Cyber Director, may make a declaration of a 
     significant incident in accordance with this section for the 
     purpose of enabling the activities described in this subtitle 
     if the Secretary determines that--
       ``(A) a specific significant incident--
       ``(i) has occurred; or
       ``(ii) is likely to occur imminently; and
       ``(B) otherwise available resources, other than the Fund, 
     are likely insufficient to respond effectively to, or to 
     mitigate effectively, the specific significant incident 
     described in subparagraph (A).
       ``(2) Prohibition on delegation.--The Secretary may not 
     delegate the authority provided to the Secretary under 
     paragraph (1).
       ``(b) Asset Response Activities.--Upon a declaration, the 
     Director shall coordinate--
       ``(1) the asset response activities of each Federal agency 
     in response to the specific significant incident associated 
     with the declaration; and
       ``(2) with appropriate entities, which may include--
       ``(A) public and private entities and State and local 
     governments with respect to the asset response activities of 
     those entities and governments; and
       ``(B) Federal, State, local, and Tribal law enforcement 
     agencies with respect to investigations and threat response 
     activities of those law enforcement agencies; and
       ``(3) Federal, State, local, and Tribal emergency 
     management and response agencies.
       ``(c) Duration.--Subject to subsection (d), a declaration 
     shall terminate upon the earlier of--
       ``(1) a determination by the Secretary that the declaration 
     is no longer necessary; or
       ``(2) the expiration of the 120-day period beginning on the 
     date on which the Secretary makes the declaration.
       ``(d) Renewal.--The Secretary, without delegation, may 
     renew a declaration as necessary.
       ``(e) Publication.--
       ``(1) In general.--Not later than 72 hours after a 
     declaration or a renewal, the Secretary shall publish the 
     declaration or renewal in the Federal Register.
       ``(2) Prohibition.--A declaration or renewal published 
     under paragraph (1) may not include the name of any affected 
     individual or private company.
       ``(f) Advance Actions.--
       ``(1) In general.--The Secretary--
       ``(A) shall assess the resources available to respond to a 
     potential declaration; and
       ``(B) may take actions before and while a declaration is in 
     effect to arrange or procure additional resources for asset 
     response activities or technical assistance the Secretary 
     determines necessary, which may include entering into standby 
     contracts with private entities for cybersecurity services or 
     incident responders in the event of a declaration.
       ``(2) Expenditure of funds.--Any expenditure from the Fund 
     for the purpose of paragraph (1)(B) shall be made from 
     amounts available in the Fund, and amounts available in the 
     Fund shall be in addition to any other appropriations 
     available to the Cybersecurity and Infrastructure Security 
     Agency for such purpose.

     ``SEC. 2234. CYBER RESPONSE AND RECOVERY FUND.

       ``(a) In General.--There is established a Cyber Response 
     and Recovery Fund, which shall be available for--
       ``(1) the coordination of activities described in section 
     2233(b);
       ``(2) response and recovery support for the specific 
     significant incident associated with a declaration to 
     Federal, State, local, and Tribal, entities and public and 
     private entities on a reimbursable or non-reimbursable basis, 
     including through asset response activities and technical 
     assistance, such as--
       ``(A) vulnerability assessments and mitigation;
       ``(B) technical incident mitigation;
       ``(C) malware analysis;
       ``(D) analytic support;
       ``(E) threat detection and hunting; and
       ``(F) network protections;
       ``(3) as the Director determines appropriate, grants for, 
     or cooperative agreements with, Federal, State, local, and 
     Tribal public and private entities to respond to, and recover 
     from, the specific significant incident associated with a 
     declaration, such as--
       ``(A) hardware or software to replace, update, improve, 
     harden, or enhance the functionality of existing hardware, 
     software, or systems; and
       ``(B) technical contract personnel support; and
       ``(4) advance actions taken by the Secretary under section 
     2233(f)(1)(B).
       ``(b) Deposits and Expenditures.--
       ``(1) In general.--Amounts shall be deposited into the Fund 
     from--
       ``(A) appropriations to the Fund for activities of the 
     Fund; and
       ``(B) reimbursement from Federal agencies for the 
     activities described in paragraphs (1), (2), and (4) of 
     subsection (a), which shall only be from amounts made 
     available in advance in appropriations Acts for such 
     reimbursement.
       ``(2) Expenditures.--Any expenditure from the Fund for the 
     purposes of this subtitle shall be made from amounts 
     available in the Fund from a deposit described in paragraph 
     (1), and amounts available in the Fund shall be in addition 
     to any other appropriations available to the Cybersecurity 
     and Infrastructure Security Agency for such purposes.
       ``(c) Supplement Not Supplant.--Amounts in the Fund shall 
     be used to supplement, not supplant, other Federal, State, 
     local, or Tribal funding for activities in response to a 
     declaration.
       ``(d) Reporting.--The Secretary shall require an entity 
     that receives amounts from the Fund to submit a report to the 
     Secretary that details the specific use of the amounts.

     ``SEC. 2235. NOTIFICATION AND REPORTING.

       ``(a) Notification.--Upon a declaration or renewal, the 
     Secretary shall immediately notify the National Cyber 
     Director and appropriate congressional committees and include 
     in the notification--
       ``(1) an estimation of the planned duration of the 
     declaration;
       ``(2) with respect to a notification of a declaration, the 
     reason for the declaration, including information relating to 
     the specific significant incident or imminent specific 
     significant incident, including--
       ``(A) the operational or mission impact or anticipated 
     impact of the specific significant incident on Federal and 
     non-Federal entities;
       ``(B) if known, the perpetrator of the specific significant 
     incident; and
       ``(C) the scope of the Federal and non-Federal entities 
     impacted or anticipated to be impacted by the specific 
     significant incident;
       ``(3) with respect to a notification of a renewal, the 
     reason for the renewal;
       ``(4) justification as to why available resources, other 
     than the Fund, are insufficient to respond to or mitigate the 
     specific significant incident; and
       ``(5) a description of the coordination activities 
     described in section 2233(b) that the Secretary anticipates 
     the Director to perform.

[[Page S7832]]

       ``(b) Report to Congress.--Not later than 180 days after 
     the date of a declaration or renewal, the Secretary shall 
     submit to the appropriate congressional committees a report 
     that includes--
       ``(1) the reason for the declaration or renewal, including 
     information and intelligence relating to the specific 
     significant incident that led to the declaration or renewal;
       ``(2) the use of any funds from the Fund for the purpose of 
     responding to the incident or threat described in paragraph 
     (1);
       ``(3) a description of the actions, initiatives, and 
     projects undertaken by the Department and State and local 
     governments and public and private entities in responding to 
     and recovering from the specific significant incident 
     described in paragraph (1);
       ``(4) an accounting of the specific obligations and outlays 
     of the Fund; and
       ``(5) an analysis of--
       ``(A) the impact of the specific significant incident 
     described in paragraph (1) on Federal and non-Federal 
     entities;
       ``(B) the impact of the declaration or renewal on the 
     response to, and recovery from, the specific significant 
     incident described in paragraph (1); and
       ``(C) the impact of the funds made available from the Fund 
     as a result of the declaration or renewal on the recovery 
     from, and response to, the specific significant incident 
     described in paragraph (1).
       ``(c) Classification.--Each notification made under 
     subsection (a) and each report submitted under subsection 
     (b)--
       ``(1) shall be in an unclassified form with appropriate 
     markings to indicate information that is exempt from 
     disclosure under section 552 of title 5, United States Code 
     (commonly known as the `Freedom of Information Act'); and
       ``(2) may include a classified annex.
       ``(d) Consolidated Report.--The Secretary shall not be 
     required to submit multiple reports under subsection (b) for 
     multiple declarations or renewals if the Secretary determines 
     that the declarations or renewals substantively relate to the 
     same specific significant incident.
       ``(e) Exemption.--The requirements of subchapter I of 
     chapter 35 of title 44 (commonly known as the `Paperwork 
     Reduction Act') shall not apply to the voluntary collection 
     of information by the Department during an investigation of, 
     a response to, or an immediate post-response review of, the 
     specific significant incident leading to a declaration or 
     renewal.

     ``SEC. 2236. RULE OF CONSTRUCTION.

       ``Nothing in this subtitle shall be construed to impair or 
     limit the ability of the Director to carry out the authorized 
     activities of the Cybersecurity and Infrastructure Security 
     Agency.

     ``SEC. 2237. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the Fund 
     $20,000,000 for fiscal year 2022, which shall remain 
     available until September 30, 2028.

     ``SEC. 2238. SUNSET.

       ``The authorities granted to the Secretary or the Director 
     under this subtitle shall expire on the date that is 7 years 
     after the date of enactment of this subtitle.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by adding at the end the 
     following:

          ``Subtitle C--Declaration of a Significant Incident

``Sec. 2231. Sense of Congress.
``Sec. 2232. Definitions.
``Sec. 2233. Declaration.
``Sec. 2234. Cyber response and recovery fund.
``Sec. 2235. Notification and reporting.
``Sec. 2236. Rule of construction.
``Sec. 2237. Authorization of appropriations.
``Sec. 2238. Sunset.''.

                          TITLE III--PERSONNEL

          Subtitle A--Facilitating Federal Employee Reskilling

     SEC. 4301. SHORT TITLE.

       This subtitle may be cited as the ``Facilitating Federal 
     Employee Reskilling Act''.

     SEC. 4302. RESKILLING FEDERAL EMPLOYEES.

       (a) Definitions.--In this section:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term ``Executive agency'' in section 105 of title 5, United 
     States Code.
       (2) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Oversight and Reform of the House of 
     Representatives.
       (3) Competitive service.--The term ``competitive service'' 
     has the meaning given the term in section 2102 of title 5, 
     United States Code.
       (4) Director.--The term ``Director'' means the Director of 
     the Office of Personnel Management.
       (5) Employee.--The term ``employee'' means an employee 
     serving in a position in the competitive service or the 
     excepted service.
       (6) Excepted service.--The term ``excepted service'' has 
     the meaning given the term in section 2103 of title 5, United 
     States Code.
       (7) Federal reskilling program.--The term ``Federal 
     reskilling program'' means a program established by the head 
     of an agency or the Director to provide employees with the 
     technical skill or expertise that would qualify the employees 
     to serve in a different position in the competitive service 
     or the excepted service that requires such technical skill or 
     expertise.
       (b) Requirements.--With respect to a Federal reskilling 
     program established by the head of an agency or by the 
     Director before, on, or after the date of enactment of this 
     Act, the agency head or the Director, as applicable, shall 
     ensure that the Federal reskilling program--
       (1) is implemented in a manner that is in accordance with 
     the bar on prohibited personnel practices under section 2302 
     of title 5, United States Code, and consistent with the merit 
     system principles under section 2301 of title 5, United 
     States Code, including by using merit-based selection 
     procedures for participation by employees in the Federal 
     reskilling program;
       (2) includes appropriate limitations or restrictions 
     associated with implementing the Federal reskilling program, 
     which shall be consistent with any regulations prescribed by 
     the Director under subsection (e);
       (3) provides that any new position to which an employee who 
     participates in the Federal reskilling program is transferred 
     will utilize the technical skill or expertise that the 
     employee acquired by participating in the Federal reskilling 
     program;
       (4) includes the option for an employee participating in 
     the Federal reskilling program to return to the original 
     position of the employee, or a similar position, particularly 
     if the employee is unsuccessful in the position to which the 
     employee transfers after completing the Federal reskilling 
     program;
       (5) provides that an employee who successfully completes 
     the Federal reskilling program and transfers to a position 
     that requires the technical skill or expertise provided 
     through the Federal reskilling program shall be entitled to 
     have the grade of the position held immediately before the 
     transfer in a manner in accordance with section 5362 of title 
     5, United States Code;
       (6) provides that an employee serving in a position in the 
     excepted service may not transfer to a position in the 
     competitive service solely by reason of the completion of the 
     Federal reskilling program by the employee; and
       (7) includes a mechanism to track outcomes of the Federal 
     reskilling program in accordance with the metrics established 
     under subsection (c).
       (c) Reporting and Metrics.--Not later than 1 year after the 
     date of enactment of this Act, the Director shall establish 
     reporting requirements for, and standardized metrics and 
     procedures for agencies to track outcomes of, Federal 
     reskilling programs, which shall include, with respect to 
     each Federal reskilling program--
       (1) providing a summary of the Federal reskilling program;
       (2) collecting and reporting demographic and employment 
     data with respect to employees who have applied for, 
     participated in, or completed the Federal reskilling program;
       (3) attrition of employees who have completed the Federal 
     reskilling program; and
       (4) any other measures or outcomes that the Director 
     determines to be relevant.
       (d) GAO Report.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct a comprehensive study of, and submit to 
     Congress a report on, Federal reskilling programs that 
     includes--
       (1) a summary of each Federal reskilling program and 
     methods by which each Federal reskilling program recruits, 
     selects, and retrains employees;
       (2) an analysis of the accessibility of each Federal 
     reskilling program for a diverse set of candidates;
       (3) an evaluation of the effectiveness, costs, and benefits 
     of the Federal reskilling programs; and
       (4) recommendations to improve Federal reskilling programs 
     to accomplish the goal of reskilling the Federal workforce.
       (e) Regulations.--The Director--
       (1) not later than 1 year after the date of enactment of 
     this Act, shall prescribe regulations for the reporting 
     requirements and metrics and procedures under subsection (c);
       (2) may prescribe additional regulations, as the Director 
     determines necessary, to provide for requirements with 
     respect to, and the implementation of, Federal reskilling 
     programs; and
       (3) with respect to any regulation prescribed under this 
     subsection, shall brief the appropriate committees of 
     Congress with respect to the regulation not later than 30 
     days before the date on which the final version of the 
     regulation is published.
       (f) Rule of Construction.--Nothing in this section may be 
     construed to require the head of an agency or the Director to 
     establish a Federal reskilling program.
       (g) Use of Funds.--Any Federal reskilling program 
     established by the head of an agency or the Director shall be 
     carried out using amounts otherwise made available to that 
     agency head or the Director, as applicable.

         Subtitle B--Federal Rotational Cyber Workforce Program

     SEC. 4351. SHORT TITLE.

       This subtitle may be cited as the ``Federal Rotational 
     Cyber Workforce Program Act of 2021''.

     SEC. 4352. DEFINITIONS.

       In this subtitle:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term ``Executive agency'' in section 105 of title 5, United 
     States Code, except that the term does not include the 
     Government Accountability Office.

[[Page S7833]]

       (2) Competitive service.--The term ``competitive service'' 
     has the meaning given that term in section 2102 of title 5, 
     United States Code.
       (3) Councils.--The term ``Councils'' means--
       (A) the Chief Human Capital Officers Council established 
     under section 1303 of the Chief Human Capital Officers Act of 
     2002 (5 U.S.C. 1401 note); and
       (B) the Chief Information Officers Council established 
     under section 3603 of title 44, United States Code.
       (4) Cyber workforce position.--The term ``cyber workforce 
     position'' means a position identified as having information 
     technology, cybersecurity, or other cyber-related functions 
     under section 303 of the Federal Cybersecurity Workforce 
     Assessment Act of 2015 (5 U.S.C. 301 note).
       (5) Director.--The term ``Director'' means the Director of 
     the Office of Personnel Management.
       (6) Employee.--The term ``employee'' has the meaning given 
     the term in section 2105 of title 5, United States Code.
       (7) Employing agency.--The term ``employing agency'' means 
     the agency from which an employee is detailed to a rotational 
     cyber workforce position.
       (8) Excepted service.--The term ``excepted service'' has 
     the meaning given that term in section 2103 of title 5, 
     United States Code.
       (9) Rotational cyber workforce position.--The term 
     ``rotational cyber workforce position'' means a cyber 
     workforce position with respect to which a determination has 
     been made under section 4353(a)(1).
       (10) Rotational cyber workforce program.--The term 
     ``rotational cyber workforce program'' means the program for 
     the detail of employees among rotational cyber workforce 
     positions at agencies.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.

     SEC. 4353. ROTATIONAL CYBER WORKFORCE POSITIONS.

       (a) Determination With Respect to Rotational Service.--
       (1) In general.--The head of each agency may determine that 
     a cyber workforce position in that agency is eligible for the 
     rotational cyber workforce program, which shall not be 
     construed to modify the requirement under section 4354(b)(3) 
     that participation in the rotational cyber workforce program 
     by an employee shall be voluntary.
       (2) Notice provided.--The head of an agency shall submit to 
     the Director--
       (A) notice regarding any determination made by the head of 
     the agency under paragraph (1); and
       (B) for each position with respect to which the head of the 
     agency makes a determination under paragraph (1), the 
     information required under subsection (b)(1).
       (b) Preparation of List.--The Director, with assistance 
     from the Councils and the Secretary, shall develop a list of 
     rotational cyber workforce positions that--
       (1) with respect to each such position, to the extent that 
     the information does not disclose sensitive national security 
     information, includes--
       (A) the title of the position;
       (B) the occupational series with respect to the position;
       (C) the grade level or work level with respect to the 
     position;
       (D) the agency in which the position is located;
       (E) the duty location with respect to the position; and
       (F) the major duties and functions of the position; and
       (2) shall be used to support the rotational cyber workforce 
     program.
       (c) Distribution of List.--Not less frequently than 
     annually, the Director shall distribute an updated list 
     developed under subsection (b) to the head of each agency and 
     other appropriate entities.

     SEC. 4354. ROTATIONAL CYBER WORKFORCE PROGRAM.

       (a) Operation Plan.--
       (1) In general.--Not later than 270 days after the date of 
     enactment of this Act, and in consultation with the Councils, 
     the Secretary, representatives of other agencies, and any 
     other entity as the Director determines appropriate, the 
     Director shall develop and issue a Federal Rotational Cyber 
     Workforce Program operation plan providing policies, 
     processes, and procedures for a program for the detailing of 
     employees among rotational cyber workforce positions at 
     agencies, which may be incorporated into and implemented 
     through mechanisms in existence on the date of enactment of 
     this Act.
       (2) Updating.--The Director may, in consultation with the 
     Councils, the Secretary, and other entities as the Director 
     determines appropriate, periodically update the operation 
     plan developed and issued under paragraph (1).
       (b) Requirements.--The operation plan developed and issued 
     under subsection (a) shall, at a minimum--
       (1) identify agencies for participation in the rotational 
     cyber workforce program;
       (2) establish procedures for the rotational cyber workforce 
     program, including--
       (A) any training, education, or career development 
     requirements associated with participation in the rotational 
     cyber workforce program;
       (B) any prerequisites or requirements for participation in 
     the rotational cyber workforce program; and
       (C) appropriate rotational cyber workforce program 
     performance measures, reporting requirements, employee exit 
     surveys, and other accountability devices for the evaluation 
     of the program;
       (3) provide that participation in the rotational cyber 
     workforce program by an employee shall be voluntary;
       (4) provide that an employee shall be eligible to 
     participate in the rotational cyber workforce program if the 
     head of the employing agency of the employee, or a designee 
     of the head of the employing agency of the employee, approves 
     of the participation of the employee;
       (5) provide that the detail of an employee to a rotational 
     cyber workforce position under the rotational cyber workforce 
     program shall be on a nonreimbursable basis;
       (6) provide that agencies may agree to partner to ensure 
     that the employing agency of an employee who participates in 
     the rotational cyber workforce program is able to fill the 
     position vacated by the employee;
       (7) require that an employee detailed to a rotational cyber 
     workforce position under the rotational cyber workforce 
     program, upon the end of the period of service with respect 
     to the detail, shall be entitled to return to the position 
     held by the employee, or an equivalent position, in the 
     employing agency of the employee without loss of pay, 
     seniority, or other rights or benefits to which the employee 
     would have been entitled had the employee not been detailed;
       (8) provide that discretion with respect to the assignment 
     of an employee under the rotational cyber workforce program 
     shall remain with the employing agency of the employee;
       (9) require that an employee detailed to a rotational cyber 
     workforce position under the rotational cyber workforce 
     program in an agency that is not the employing agency of the 
     employee shall have all the rights that would be available to 
     the employee if the employee were detailed under a provision 
     of law other than this subtitle from the employing agency to 
     the agency in which the rotational cyber workforce position 
     is located;
       (10) provide that participation by an employee in the 
     rotational cyber workforce program shall not constitute a 
     change in the conditions of the employment of the employee; 
     and
       (11) provide that an employee participating in the 
     rotational cyber workforce program shall receive performance 
     evaluations relating to service in the rotational cyber 
     workforce program in a participating agency that are--
       (A) prepared by an appropriate officer, supervisor, or 
     management official of the employing agency, acting in 
     coordination with the supervisor at the agency in which the 
     employee is performing service in the rotational cyber 
     workforce position;
       (B) based on objectives identified in the operation plan 
     with respect to the employee; and
       (C) based in whole or in part on the contribution of the 
     employee to the agency in which the employee performed such 
     service, as communicated from that agency to the employing 
     agency of the employee.
       (c) Program Requirements for Rotational Service.--
       (1) In general.--An employee serving in a cyber workforce 
     position in an agency may, with the approval of the head of 
     the agency, submit an application for detail to a rotational 
     cyber workforce position that appears on the list developed 
     under section 4353(b).
       (2) OPM approval for certain positions.--An employee 
     serving in a position in the excepted service may only be 
     selected for a rotational cyber workforce position that is in 
     the competitive service with the prior approval of the Office 
     of Personnel Management, in accordance with section 300.301 
     of title 5, Code of Federal Regulations, or any successor 
     thereto.
       (3) Selection and term.--
       (A) Selection.--The head of an agency shall select an 
     employee for a rotational cyber workforce position under the 
     rotational cyber workforce program in a manner that is 
     consistent with the merit system principles under section 
     2301(b) of title 5, United States Code.
       (B) Term.--Except as provided in subparagraph (C), and 
     notwithstanding section 3341(b) of title 5, United States 
     Code, a detail to a rotational cyber workforce position shall 
     be for a period of not less than 180 days and not more than 1 
     year.
       (C) Extension.--The Chief Human Capital Officer of the 
     agency to which an employee is detailed under the rotational 
     cyber workforce program may extend the period of a detail 
     described in subparagraph (B) for a period of 60 days unless 
     the Chief Human Capital Officer of the employing agency of 
     the employee objects to that extension.
       (4) Written service agreements.--
       (A) In general.--The detail of an employee to a rotational 
     cyber workforce position shall be contingent upon the 
     employee entering into a written service agreement with the 
     employing agency under which the employee is required to 
     complete a period of employment with the employing agency 
     following the conclusion of the detail that is equal in 
     length to the period of the detail.
       (B) Other agreements and obligations.--A written service 
     agreement under subparagraph (A) shall not supersede or 
     modify the terms or conditions of any other service agreement 
     entered into by the employee under any other authority or 
     relieve the obligations between the employee and the 
     employing agency under such a service agreement. Nothing in 
     this subparagraph prevents

[[Page S7834]]

     an employing agency from terminating a service agreement 
     entered into under any other authority under the terms of 
     such agreement or as required by law or regulation.

     SEC. 4355. REPORTING BY GAO.

       Not later than the end of the third fiscal year after the 
     fiscal year in which the operation plan under section 4354(a) 
     is issued, the Comptroller General of the United States shall 
     submit to Congress a report assessing the operation and 
     effectiveness of the rotational cyber workforce program, 
     which shall address, at a minimum--
       (1) the extent to which agencies have participated in the 
     rotational cyber workforce program, including whether the 
     head of each such participating agency has--
       (A) identified positions within the agency that are 
     rotational cyber workforce positions;
       (B) had employees from other participating agencies serve 
     in positions described in subparagraph (A); and
       (C) had employees of the agency request to serve in 
     rotational cyber workforce positions under the rotational 
     cyber workforce program in participating agencies, including 
     a description of how many such requests were approved; and
       (2) the experiences of employees serving in rotational 
     cyber workforce positions under the rotational cyber 
     workforce program, including an assessment of--
       (A) the period of service;
       (B) the positions (including grade level and occupational 
     series or work level) held by employees before completing 
     service in a rotational cyber workforce position under the 
     rotational cyber workforce program;
       (C) the extent to which each employee who completed service 
     in a rotational cyber workforce position under the rotational 
     cyber workforce program achieved a higher skill level, or 
     attained a skill level in a different area, with respect to 
     information technology, cybersecurity, or other cyber-related 
     functions; and
       (D) the extent to which service in rotational cyber 
     workforce positions has affected intra-agency and interagency 
     integration and coordination of cyber practices, functions, 
     and personnel management.

     SEC. 4356. SUNSET.

       Effective 5 years after the date of enactment of this Act, 
     this subtitle is repealed.

                        TITLE IV--OTHER MATTERS

       Subtitle A--Ensuring Security of Unmanned Aircraft Systems

     SEC. 4401. SHORT TITLE.

       This subtitle may be cited as the ``American Security Drone 
     Act of 2021''.

     SEC. 4402. DEFINITIONS.

       In this subtitle:
       (1) Covered foreign entity.--The term ``covered foreign 
     entity'' means an entity included on a list developed and 
     maintained by the Federal Acquisition Security Council. This 
     list will include entities in the following categories:
       (A) An entity included on the Consolidated Screening List.
       (B) Any entity that is subject to extrajudicial direction 
     from a foreign government, as determined by the Secretary of 
     Homeland Security.
       (C) Any entity the Secretary of Homeland Security, in 
     coordination with the Director of National Intelligence and 
     the Secretary of Defense, determines poses a national 
     security risk.
       (D) Any entity domiciled in the People's Republic of China 
     or subject to influence or control by the Government of the 
     People's Republic of China or the Communist Party of the 
     People's Republic of China, as determined by the Secretary of 
     Homeland Security.
       (E) Any subsidiary or affiliate of an entity described in 
     subparagraphs (A) through (D).
       (2) Covered unmanned aircraft system.--The term ``covered 
     unmanned aircraft system'' has the meaning given the term 
     ``unmanned aircraft system'' in section 44801 of title 49, 
     United States Code.

     SEC. 4403. PROHIBITION ON PROCUREMENT OF COVERED UNMANNED 
                   AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

       (a) In General.--Except as provided under subsections (b) 
     though (f), the head of an executive agency may not procure 
     any covered unmanned aircraft system that are manufactured or 
     assembled by a covered foreign entity, which includes 
     associated elements (consisting of communication links and 
     the components that control the unmanned aircraft) that are 
     required for the operator to operate safely and efficiently 
     in the national airspace system. The Federal Acquisition 
     Security Council, in coordination with the Secretary of 
     Transportation, shall develop and update a list of associated 
     elements.
       (b) Exemption.--The Secretary of Homeland Security, the 
     Secretary of Defense, and the Attorney General are exempt 
     from the restriction under subsection (a) if the operation or 
     procurement--
       (1) is for the sole purposes of research, evaluation, 
     training, testing, or analysis for--
       (A) electronic warfare;
       (B) information warfare operations;
       (C) development of UAS or counter-UAS technology;
       (D) counterterrorism or counterintelligence activities; or
       (E) Federal criminal or national security investigations, 
     including forensic examinations; and
       (2) is required in the national interest of the United 
     States.
       (c) Federal Aviation Administration Center of Excellence 
     for Unmanned Aircraft Systems Exemption.--The Secretary of 
     Transportation, in consultation with the Secretary of 
     Homeland Security, is exempt from the restriction under 
     subsection (a) if the operation or procurement is for the 
     sole purposes of research, evaluation, training, testing, or 
     analysis for the Federal Aviation Administration's Alliance 
     for System Safety of UAS through Research Excellence (ASSURE) 
     Center of Excellence (COE) for Unmanned Aircraft Systems.
       (d) National Transportation Safety Board Exemption.--The 
     National Transportation Safety Board (NTSB), in consultation 
     with the Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the operation or 
     procurement is necessary for the sole purpose of conducting 
     safety investigations.
       (e) National Oceanic Atmospheric Administration 
     Exemption.--The Administrator of the National Oceanic 
     Atmospheric Administration (NOAA), in consultation with the 
     Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the operation or 
     procurement is necessary for the sole purpose of marine or 
     atmospheric science or management.
       (f) Waiver.--The head of an executive agency may waive the 
     prohibition under subsection (a) on a case-by-case basis--
       (1) with the approval of the Secretary of Homeland Security 
     or the Secretary of Defense; and
       (2) upon notification to Congress.

     SEC. 4404. PROHIBITION ON OPERATION OF COVERED UNMANNED 
                   AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

       (a) Prohibition.--
       (1) In general.--Beginning on the date that is 2 years 
     after the date of the enactment of this Act, no Federal 
     department or agency may operate a covered unmanned aircraft 
     system manufactured or assembled by a covered foreign entity.
       (2) Applicability to contracted services.--The prohibition 
     under paragraph (1) applies to any covered unmanned aircraft 
     systems that are being used by any executive agency through 
     the method of contracting for the services of covered 
     unmanned aircraft systems.
       (b) Exemption.--The Secretary of Homeland Security, the 
     Secretary of Defense, and the Attorney General are exempt 
     from the restriction under subsection (a) if the operation or 
     procurement--
       (1) is for the sole purposes of research, evaluation, 
     training, testing, or analysis for--
       (A) electronic warfare;
       (B) information warfare operations;
       (C) development of UAS or counter-UAS technology;
       (D) counterterrorism or counterintelligence activities; or
       (E) Federal criminal or national security investigations, 
     including forensic examinations; and
       (2) is required in the national interest of the United 
     States.
       (c) Federal Aviation Administration Center of Excellence 
     for Unmanned Aircraft Systems Exemption.--The Secretary of 
     Transportation, in consultation with the Secretary of 
     Homeland Security, is exempt from the restriction under 
     subsection (a) if the operation or procurement is for the 
     sole purposes of research, evaluation, training, testing, or 
     analysis for the Federal Aviation Administration's Alliance 
     for System Safety of UAE through Research Excellence (ASSURE) 
     Center of Excellence (COE) for Unmanned Aircraft Systems.
       (d) National Transportation Safety Board Exemption.--The 
     National Transportation Safety Board (NTSB), in consultation 
     with the Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the operation or 
     procurement is necessary for the sole purpose of conducting 
     safety investigations.
       (e) National Oceanic Atmospheric Administration 
     Exemption.--The Administrator of the National Oceanic 
     Atmospheric Administration (NOAA), in consultation with the 
     Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the operation or 
     procurement is necessary for the sole purpose of marine or 
     atmospheric science or management.
       (f) Waiver.--The head of an executive agency may waive the 
     prohibition under subsection (a) on a case-by-case basis--
       (1) with the approval of the Secretary of Homeland Security 
     or the Secretary of Defense; and
       (2) upon notification to Congress.
       (g) Regulations and Guidance.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Homeland Security shall prescribe regulations or guidance to 
     implement this section.

     SEC. 4405. PROHIBITION ON USE OF FEDERAL FUNDS FOR PURCHASES 
                   AND OPERATION OF COVERED UNMANNED AIRCRAFT 
                   SYSTEMS FROM COVERED FOREIGN ENTITIES.

       (a) In General.--Beginning on the date that is 2 years 
     after the date of the enactment of this Act, except as 
     provided in subsection (b), no Federal funds awarded through 
     a contract, grant, or cooperative agreement, or otherwise 
     made available may be used--

[[Page S7835]]

       (1) to purchase a covered unmanned aircraft system, or a 
     system to counter unmanned aircraft systems, that is 
     manufactured or assembled by a covered foreign entity; or
       (2) in connection with the operation of such a drone or 
     unmanned aircraft system.
       (b) Exemption.--A Federal department or agency is exempt 
     from the restriction under subsection (a) if--
       (1) the contract, grant, or cooperative agreement was 
     awarded prior to the date of the enactment of this Act; or
       (2) the operation or procurement is for the sole purposes 
     of research, evaluation, training, testing, or analysis, as 
     determined by the Secretary of Homeland Security, the 
     Secretary of Defense, or the Attorney General, for--
       (A) electronic warfare;
       (B) information warfare operations;
       (C) development of UAS or counter-UAS technology;
       (D) counterterrorism or counterintelligence activities; or
       (E) Federal criminal or national security investigations, 
     including forensic examinations; or
       (F) the safe integration of UAS in the national airspace 
     (as determined in consultation with the Secretary of 
     Transportation); and
       (3) is required in the national interest of the United 
     States.
       (c) Waiver.--The head of an executive agency may waive the 
     prohibition under subsection (a) on a case-by-case basis--
       (1) with the approval of the Secretary of Homeland Security 
     or the Secretary of Defense; and
       (2) upon notification to Congress.
       (d) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Federal Acquisition Regulatory 
     Council shall prescribe regulations or guidance, as 
     necessary, to implement the requirements of this section 
     pertaining to Federal contracts.

     SEC. 4406. PROHIBITION ON USE OF GOVERNMENT-ISSUED PURCHASE 
                   CARDS TO PURCHASE COVERED UNMANNED AIRCRAFT 
                   SYSTEMS FROM COVERED FOREIGN ENTITIES.

       Effective immediately, Government-issued Purchase Cards may 
     not be used to procure any covered unmanned aircraft system 
     from a covered foreign entity.

     SEC. 4407. MANAGEMENT OF EXISTING INVENTORIES OF COVERED 
                   UNMANNED AIRCRAFT SYSTEMS FROM COVERED FOREIGN 
                   ENTITIES.

       (a) In General.--Effective immediately, all executive 
     agencies must account for existing inventories of covered 
     unmanned aircraft systems manufactured or assembled by a 
     covered foreign entity in their personal property accounting 
     systems, regardless of the original procurement cost, or the 
     purpose of procurement due to the special monitoring and 
     accounting measures necessary to track the items' 
     capabilities.
       (b) Classified Tracking.--Due to the sensitive nature of 
     missions and operations conducted by the United States 
     Government, inventory data related to covered unmanned 
     aircraft systems manufactured or assembled by a covered 
     foreign entity may be tracked at a classified level.
       (c) Exceptions.--The Department of Defense and Department 
     of Homeland Security may exclude from the full inventory 
     process, covered unmanned aircraft systems that are deemed 
     expendable due to mission risk such as recovery issues or 
     that are one-time-use covered unmanned aircraft due to 
     requirements and low cost.

     SEC. 4408. COMPTROLLER GENERAL REPORT.

       Not later than 275 days after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to Congress a report on the amount of commercial off-
     the-shelf drones and covered unmanned aircraft systems 
     procured by Federal departments and agencies from covered 
     foreign entities.

     SEC. 4409. GOVERNMENT-WIDE POLICY FOR PROCUREMENT OF UNMANNED 
                   AIRCRAFT SYSTEMS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Management and Budget, in coordination with the Department of 
     Homeland Security, Department of Transportation, the 
     Department of Justice, and other Departments as determined by 
     the Director of the Office of Management and Budget, and in 
     consultation with the National Institute of Standards and 
     Technology, shall establish a government-wide policy for the 
     procurement of UAS--
       (1) for non-Department of Defense and non-intelligence 
     community operations; and
       (2) through grants and cooperative agreements entered into 
     with non-Federal entities.
       (b) Information Security.--The policy developed under 
     subsection (a) shall include the following specifications, 
     which to the extent practicable, shall be based on industry 
     standards and technical guidance from the National Institute 
     of Standards and Technology, to address the risks associated 
     with processing, storing and transmitting Federal information 
     in a UAS:
       (1) Protections to ensure controlled access of UAS.
       (2) Protecting software, firmware, and hardware by ensuring 
     changes to UAS are properly managed, including by ensuring 
     UAS can be updated using a secure, controlled, and 
     configurable mechanism.
       (3) Cryptographically securing sensitive collected, stored, 
     and transmitted data, including proper handling of privacy 
     data and other controlled unclassified information.
       (4) Appropriate safeguards necessary to protect sensitive 
     information, including during and after use of UAS.
       (5) Appropriate data security to ensure that data is not 
     transmitted to or stored in non-approved locations.
       (6) The ability to opt out of the uploading, downloading, 
     or transmitting of data that is not required by law or 
     regulation and an ability to choose with whom and where 
     information is shared when it is required.
       (c) Requirement.--The policy developed under subsection (a) 
     shall reflect an appropriate risk-based approach to 
     information security related to use of UAS.
       (d) Revision of Acquisition Regulations.--Not later than 
     180 days after the date on which the policy required under 
     subsection (a) is issued--
       (1) the Federal Acquisition Regulatory Council shall revise 
     the Federal Acquisition Regulation, as necessary, to 
     implement the policy; and
       (2) any Federal department or agency or other Federal 
     entity not subject to, or not subject solely to, the Federal 
     Acquisition Regulation shall revise applicable policy, 
     guidance, or regulations, as necessary, to implement the 
     policy.
       (e) Exemption.--In developing the policy required under 
     subsection (a), the Director of the Office of Management and 
     Budget shall incorporate an exemption to the policy for the 
     following reasons:
       (1) In the case of procurement for the purposes of 
     training, testing, or analysis for--
       (A) electronic warfare; or
       (B) information warfare operations.
       (2) In the case of researching UAS technology, including 
     testing, evaluation, research, or development of technology 
     to counter UAS.
       (3) In the case of a head of the procuring department or 
     agency determining, in writing, that no product that complies 
     with the information security requirements described in 
     subsection (b) is capable of fulfilling mission critical 
     performance requirements, and such determination--
       (A) may not be delegated below the level of the Deputy 
     Secretary of the procuring department or agency;
       (B) shall specify--
       (i) the quantity of end items to which the waiver applies, 
     the procurement value of which may not exceed $50,000 per 
     waiver; and
       (ii) the time period over which the waiver applies, which 
     shall not exceed 3 years;
       (C) shall be reported to the Office of Management and 
     Budget following issuance of such a determination; and
       (D) not later than 30 days after the date on which the 
     determination is made, shall be provided to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Oversight and Reform of the House of 
     Representatives.

     SEC. 4410. STUDY.

       (a) Independent Study.--Not later than 3 years after the 
     date of the enactment of this Act, the Director of the Office 
     of Management and Budget shall seek to enter into a contract 
     with a federally funded research and development center under 
     which the center will conduct a study of--
       (1) the current and future unmanned aircraft system global 
     and domestic market;
       (2) the ability of the unmanned aircraft system domestic 
     market to keep pace with technological advancements across 
     the industry;
       (3) the ability of domestically made unmanned aircraft 
     systems to meet the network security and data protection 
     requirements of the national security enterprise;
       (4) the extent to which unmanned aircraft system component 
     parts, such as the parts described in section 4403, are made 
     domestically; and
       (5) an assessment of the economic impact, including cost, 
     of excluding the use of foreign-made UAS for use across the 
     Federal Government.
       (b) Submission to OMB.--Upon completion of the study in 
     subsection (a), the federally funded research and development 
     center shall submit the study to the Director of the Office 
     of Management and Budget.
       (c) Submission to Congress.--Not later than 30 days after 
     the date on which the Director of the Office of Management 
     and Budget receives the study under subsection (b), the 
     Director shall submit the study to--
       (1) the Committee on Homeland Security and Governmental 
     Affairs and the Select Committee on Intelligence of the 
     Senate; and
       (2) the Committee on Homeland Security and the Committee on 
     Oversight and Reform and the Permanent Select Committee on 
     Intelligence of the House of Representatives.

     SEC. 4411. SUNSET.

       Sections 4403, 4404, and 4405 shall cease to have effect on 
     the date that is 5 years after the date of the enactment of 
     this Act.

              Subtitle B--No TikTok on Government Devices

     SEC. 4431. SHORT TITLE.

       This subtitle may be cited as the ``No TikTok on Government 
     Devices Act''.

     SEC. 4432. PROHIBITION ON THE USE OF TIKTOK.

       (a) Definitions.--In this section--
       (1) the term ``covered application'' means the social 
     networking service TikTok or any successor application or 
     service developed or provided by ByteDance Limited or an 
     entity owned by ByteDance Limited;
       (2) the term ``executive agency'' has the meaning given 
     that term in section 133 of title 41, United States Code; and

[[Page S7836]]

       (3) the term ``information technology'' has the meaning 
     given that term in section 11101 of title 40, United States 
     Code.
       (b) Prohibition on the Use of TikTok.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Management and Budget, in consultation with the Administrator 
     of General Services, the Director of the Cybersecurity and 
     Infrastructure Security Agency, the Director of National 
     Intelligence, and the Secretary of Defense, and consistent 
     with the information security requirements under subchapter 
     II of chapter 35 of title 44, United States Code, shall 
     develop standards and guidelines for executive agencies 
     requiring the removal of any covered application from 
     information technology.
       (2) National security and research exceptions.--The 
     standards and guidelines developed under paragraph (1) shall 
     include--
       (A) exceptions for law enforcement activities, national 
     security interests and activities, and security researchers; 
     and
       (B) for any authorized use of a covered application under 
     an exception, requirements for executive agencies to develop 
     and document risk mitigation actions for such use.

                  Subtitle C--National Risk Management

     SEC. 4461. SHORT TITLE.

       This subtitle may be cited as the ``National Risk 
     Management Act of 2021''.

     SEC. 4462. NATIONAL RISK MANAGEMENT CYCLE.

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

     ``SEC. 2218. NATIONAL RISK MANAGEMENT CYCLE.

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

``Sec. 2218. National risk management cycle.''.

              Subtitle D--Safeguarding American Innovation

     SEC. 4491. SHORT TITLE.

       This subtitle may be cited as the ``Safeguarding American 
     Innovation Act''.

     SEC. 4492. DEFINITIONS.

       In this subtitle:
       (1) Federal science agency.--The term ``Federal science 
     agency'' means any Federal department or agency to which more 
     than $100,000,000 in basic and applied research and 
     development funds were appropriated for the previous fiscal 
     year.
       (2) Research and development.--
       (A) In general.--The term ``research and development'' 
     means all research activities, both basic and applied, and 
     all development activities.
       (B) Development.--The term ``development'' means 
     experimental development.
       (C) Experimental development.--The term ``experimental 
     development'' means creative and systematic work, drawing 
     upon knowledge gained from research and practical experience, 
     which--
       (i) is directed toward the production of new products or 
     processes or improving existing products or processes; and
       (ii) like research, will result in gaining additional 
     knowledge.
       (D) Research.--The term ``research''--
       (i) means a systematic study directed toward fuller 
     scientific knowledge or understanding of the subject studied; 
     and
       (ii) includes activities involving the training of 
     individuals in research techniques if such activities--

       (I) utilize the same facilities as other research and 
     development activities; and
       (II) are not included in the instruction function.

     SEC. 4493. FEDERAL RESEARCH SECURITY COUNCIL.

       (a) In General.--Subtitle V of title 31, United States 
     Code, is amended by adding at the end the following:

            ``CHAPTER 79--FEDERAL RESEARCH SECURITY COUNCIL

``Sec.
``7901. Definitions.
``7902. Federal Research Security Council establishment and membership.
``7903. Functions and authorities.
``7904. Strategic plan.
``7905. Annual report.
``7906. Requirements for Executive agencies.

     ``Sec. 7901. Definitions

       ``In this chapter:
       ``(1) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(B) the Committee on Commerce, Science, and 
     Transportation of the Senate;
       ``(C) the Select Committee on Intelligence of the Senate;
       ``(D) the Committee on Foreign Relations of the Senate;
       ``(E) the Committee on Armed Services of the Senate;
       ``(F) the Committee on Health, Education, Labor, and 
     Pensions of the Senate;
       ``(G) the Committee on Oversight and Reform of the House of 
     Representatives;
       ``(H) the Committee on Homeland Security of the House of 
     Representatives;
       ``(I) the Committee on Energy and Commerce of the House of 
     Representatives;
       ``(J) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       ``(K) the Committee on Foreign Affairs of the House of 
     Representatives;
       ``(L) the Committee on Armed Services of the House of 
     Representatives; and
       ``(M) the Committee on Education and Labor of the House of 
     Representatives.
       ``(2) Council.--The term `Council' means the Federal 
     Research Security Council established under section 7902(a).
       ``(3) Executive agency.--The term `Executive agency' has 
     the meaning given that term in section 105 of title 5.
       ``(4) Federal research security risk.--The term `Federal 
     research security risk' means the risk posed by malign state 
     actors and other persons to the security and integrity of 
     research and development conducted using research and 
     development funds awarded by Executive agencies.
       ``(5) Insider.--The term `insider' means any person with 
     authorized access to any United States Government resource, 
     including personnel, facilities, information, research, 
     equipment, networks, or systems.

[[Page S7837]]

       ``(6) Insider threat.--The term `insider threat' means the 
     threat that an insider will use his or her authorized access 
     (wittingly or unwittingly) to harm the national and economic 
     security of the United States or negatively affect the 
     integrity of a Federal agency's normal processes, including 
     damaging the United States through espionage, sabotage, 
     terrorism, unauthorized disclosure of national security 
     information or nonpublic information, a destructive act 
     (which may include physical harm to another in the 
     workplace), or through the loss or degradation of 
     departmental resources, capabilities, and functions.
       ``(7) Research and development.--
       ``(A) In general.--The term `research and development' 
     means all research activities, both basic and applied, and 
     all development activities.
       ``(B) Development.--The term `development' means 
     experimental development.
       ``(C) Experimental development.--The term `experimental 
     development' means creative and systematic work, drawing upon 
     knowledge gained from research and practical experience, 
     which--
       ``(i) is directed toward the production of new products or 
     processes or improving existing products or processes; and
       ``(ii) like research, will result in gaining additional 
     knowledge.
       ``(D) Research.--The term `research'--
       ``(i) means a systematic study directed toward fuller 
     scientific knowledge or understanding of the subject studied; 
     and
       ``(ii) includes activities involving the training of 
     individuals in research techniques if such activities--

       ``(I) utilize the same facilities as other research and 
     development activities; and
       ``(II) are not included in the instruction function.

       ``(8) United states research community.--The term `United 
     States research community' means--
       ``(A) research and development centers of Executive 
     agencies;
       ``(B) private research and development centers in the 
     United States, including for profit and nonprofit research 
     institutes;
       ``(C) research and development centers at institutions of 
     higher education (as defined in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a)));
       ``(D) research and development centers of States, United 
     States territories, Indian tribes, and municipalities;
       ``(E) government-owned, contractor-operated United States 
     Government research and development centers; and
       ``(F) any person conducting federally funded research or 
     receiving Federal research grant funding.

     ``Sec. 7902. Federal Research Security Council establishment 
       and membership

       ``(a) Establishment.--There is established, in the Office 
     of Management and Budget, a Federal Research Security 
     Council, which shall develop federally funded research and 
     development grant making policy and management guidance to 
     protect the national and economic security interests of the 
     United States.
       ``(b) Membership.--
       ``(1) In general.--The following agencies shall be 
     represented on the Council:
       ``(A) The Office of Management and Budget.
       ``(B) The Office of Science and Technology Policy.
       ``(C) The Department of Defense.
       ``(D) The Department of Homeland Security.
       ``(E) The Office of the Director of National Intelligence.
       ``(F) The Department of Justice.
       ``(G) The Department of Energy.
       ``(H) The Department of Commerce.
       ``(I) The Department of Health and Human Services.
       ``(J) The Department of State.
       ``(K) The Department of Transportation.
       ``(L) The National Aeronautics and Space Administration.
       ``(M) The National Science Foundation.
       ``(N) The Department of Education.
       ``(O) The Small Business Administration.
       ``(P) The Council of Inspectors General on Integrity and 
     Efficiency.
       ``(Q) Other Executive agencies, as determined by the 
     Chairperson of the Council.
       ``(2) Lead representatives.--
       ``(A) Designation.--Not later than 45 days after the date 
     of the enactment of the Safeguarding American Innovation Act, 
     the head of each agency represented on the Council shall 
     designate a representative of that agency as the lead 
     representative of the agency on the Council.
       ``(B) Functions.--The lead representative of an agency 
     designated under subparagraph (A) shall ensure that 
     appropriate personnel, including leadership and subject 
     matter experts of the agency, are aware of the business of 
     the Council.
       ``(c) Chairperson.--
       ``(1) Designation.--Not later than 45 days after the date 
     of the enactment of the Safeguarding American Innovation Act, 
     the Director of the Office of Management and Budget shall 
     designate a senior level official from the Office of 
     Management and Budget to serve as the Chairperson of the 
     Council.
       ``(2) Functions.--The Chairperson shall perform functions 
     that include--
       ``(A) subject to subsection (d), developing a schedule for 
     meetings of the Council;
       ``(B) designating Executive agencies to be represented on 
     the Council under subsection (b)(1)(Q);
       ``(C) in consultation with the lead representative of each 
     agency represented on the Council, developing a charter for 
     the Council; and
       ``(D) not later than 7 days after completion of the 
     charter, submitting the charter to the appropriate 
     congressional committees.
       ``(3) Lead science advisor.--The Director of the Office of 
     Science and Technology Policy shall designate a senior level 
     official to be the lead science advisor to the Council for 
     purposes of this chapter.
       ``(4) Lead security advisor.--The Director of the National 
     Counterintelligence and Security Center shall designate a 
     senior level official from the National Counterintelligence 
     and Security Center to be the lead security advisor to the 
     Council for purposes of this chapter.
       ``(d) Meetings.--The Council shall meet not later than 60 
     days after the date of the enactment of the Safeguarding 
     American Innovation Act and not less frequently than 
     quarterly thereafter.

     ``Sec. 7903. Functions and authorities

       ``(a) Definitions.--In this section:
       ``(1) Implementing.--The term `implementing' means working 
     with the relevant Federal agencies, through existing 
     processes and procedures, to enable those agencies to put in 
     place and enforce the measures described in this section.
       ``(2) Uniform application process.--The term `uniform 
     application process' means a process employed by Federal 
     science agencies to maximize the collection of information 
     regarding applicants and applications, as determined by the 
     Council.
       ``(b) In General.--The Chairperson of the Council shall 
     consider the missions and responsibilities of Council members 
     in determining the lead agencies for Council functions. The 
     Council shall perform the following functions:
       ``(1) Developing and implementing, across all Executive 
     agencies that award research and development grants, awards, 
     and contracts, a uniform application process for grants in 
     accordance with subsection (c).
       ``(2) Developing and implementing policies and providing 
     guidance to prevent malign foreign interference from unduly 
     influencing the peer review process for federally funded 
     research and development.
       ``(3) Identifying or developing criteria for sharing among 
     Executive agencies and with law enforcement and other 
     agencies, as appropriate, information regarding individuals 
     who violate disclosure policies and other policies related to 
     research security.
       ``(4) Identifying an appropriate Executive agency--
       ``(A) to accept and protect information submitted by 
     Executive agencies and non-Federal entities based on the 
     process established pursuant to paragraph (1); and
       ``(B) to facilitate the sharing of information received 
     under subparagraph (A) to support, consistent with Federal 
     law--
       ``(i) the oversight of federally funded research and 
     development;
       ``(ii) criminal and civil investigations of misappropriated 
     Federal funds, resources, and information; and
       ``(iii) counterintelligence investigations.
       ``(5) Identifying, as appropriate, Executive agencies to 
     provide--
       ``(A) shared services, such as support for conducting 
     Federal research security risk assessments, activities to 
     mitigate such risks, and oversight and investigations with 
     respect to grants awarded by Executive agencies; and
       ``(B) common contract solutions to support the verification 
     of the identities of persons participating in federally 
     funded research and development.
       ``(6) Identifying and issuing guidance, in accordance with 
     subsection (e) and in coordination with the National Insider 
     Threat Task Force established by Executive Order 13587 (50 
     U.S.C. 3161 note) for expanding the scope of Executive agency 
     insider threat programs, including the safeguarding of 
     research and development from exploitation, compromise, or 
     other unauthorized disclosure, taking into account risk 
     levels and the distinct needs, missions, and systems of each 
     such agency.
       ``(7) Identifying and issuing guidance for developing 
     compliance and oversight programs for Executive agencies to 
     ensure that research and development grant recipients 
     accurately report conflicts of interest and conflicts of 
     commitment in accordance with subsection (c)(1). Such 
     programs shall include an assessment of--
       ``(A) a grantee's support from foreign sources and 
     affiliations, appointments, or participation in talent 
     programs with foreign funding institutions or laboratories; 
     and
       ``(B) the impact of such support and affiliations, 
     appointments, or participation in talent programs on United 
     States national security and economic interests.
       ``(8) Providing guidance to Executive agencies regarding 
     appropriate application of consequences for violations of 
     disclosure requirements.
       ``(9) Developing and implementing a cross-agency policy and 
     providing guidance related to the use of digital persistent 
     identifiers for individual researchers supported by, or 
     working on, any Federal research grant with the goal to 
     enhance transparency and security, while reducing 
     administrative burden for researchers and research 
     institutions.
       ``(10) Engaging with the United States research community 
     in conjunction with the National Science and Technology 
     Council and the National Academies Science, Technology and 
     Security Roundtable created

[[Page S7838]]

     under section 1746 of the National Defense Authorization Act 
     for Fiscal Year 2020 (Public Law 116-92; 42 U.S.C. 6601 note) 
     in performing the functions described in paragraphs (1), (2), 
     and (3) and with respect to issues relating to Federal 
     research security risks.
       ``(11) Carrying out such other functions, consistent with 
     Federal law, that are necessary to reduce Federal research 
     security risks.
       ``(c) Requirements for Uniform Grant Application Process.--
     In developing the uniform application process for Federal 
     research and development grants required under subsection 
     (b)(1), the Council shall--
       ``(1) ensure that the process--
       ``(A) requires principal investigators, co-principal 
     investigators, and key personnel associated with the proposed 
     Federal research or development grant project--
       ``(i) to disclose biographical information, all 
     affiliations, including any foreign military, foreign 
     government-related organizations, and foreign-funded 
     institutions, and all current and pending support, including 
     from foreign institutions, foreign governments, or foreign 
     laboratories, and all support received from foreign sources; 
     and
       ``(ii) to certify the accuracy of the required disclosures 
     under penalty of perjury; and
       ``(B) uses a machine-readable application form to assist in 
     identifying fraud and ensuring the eligibility of applicants;
       ``(2) design the process--
       ``(A) to reduce the administrative burden on persons 
     applying for Federal research and development funding; and
       ``(B) to promote information sharing across the United 
     States research community, while safeguarding sensitive 
     information; and
       ``(3) complete the process not later than 1 year after the 
     date of the enactment of the Safeguarding American Innovation 
     Act.
       ``(d) Requirements for Information Sharing Criteria.--In 
     identifying or developing criteria and procedures for sharing 
     information with respect to Federal research security risks 
     under subsection (b)(3), the Council shall ensure that such 
     criteria address, at a minimum--
       ``(1) the information to be shared;
       ``(2) the circumstances under which sharing is mandated or 
     voluntary;
       ``(3) the circumstances under which it is appropriate for 
     an Executive agency to rely on information made available 
     through such sharing in exercising the responsibilities and 
     authorities of the agency under applicable laws relating to 
     the award of grants;
       ``(4) the procedures for protecting intellectual capital 
     that may be present in such information; and
       ``(5) appropriate privacy protections for persons involved 
     in Federal research and development.
       ``(e) Requirements for Insider Threat Program Guidance.--In 
     identifying or developing guidance with respect to insider 
     threat programs under subsection (b)(6), the Council shall 
     ensure that such guidance provides for, at a minimum--
       ``(1) such programs--
       ``(A) to deter, detect, and mitigate insider threats; and
       ``(B) to leverage counterintelligence, security, 
     information assurance, and other relevant functions and 
     resources to identify and counter insider threats; and
       ``(2) the development of an integrated capability to 
     monitor and audit information for the detection and 
     mitigation of insider threats, including through--
       ``(A) monitoring user activity on computer networks 
     controlled by Executive agencies;
       ``(B) providing employees of Executive agencies with 
     awareness training with respect to insider threats and the 
     responsibilities of employees to report such threats;
       ``(C) gathering information for a centralized analysis, 
     reporting, and response capability; and
       ``(D) information sharing to aid in tracking the risk 
     individuals may pose while moving across programs and 
     affiliations;
       ``(3) the development and implementation of policies and 
     procedures under which the insider threat program of an 
     Executive agency accesses, shares, and integrates information 
     and data derived from offices within the agency and shares 
     insider threat information with the executive agency research 
     sponsors;
       ``(4) the designation of senior officials with authority to 
     provide management, accountability, and oversight of the 
     insider threat program of an Executive agency and to make 
     resource recommendations to the appropriate officials; and
       ``(5) such additional guidance as is necessary to reflect 
     the distinct needs, missions, and systems of each Executive 
     agency.
       ``(f) Issuance of Warnings Relating to Risks and 
     Vulnerabilities in International Scientific Cooperation.--
       ``(1) In general.--The Council, in conjunction with the 
     lead security advisor designated under section 7902(c)(4), 
     shall establish a process for informing members of the United 
     States research community and the public, through the 
     issuance of warnings described in paragraph (2), of potential 
     risks and vulnerabilities in international scientific 
     cooperation that may undermine the integrity and security of 
     the United States research community or place at risk any 
     federally funded research and development.
       ``(2) Content.--A warning described in this paragraph shall 
     include, to the extent the Council considers appropriate, a 
     description of--
       ``(A) activities by the national government, local 
     governments, research institutions, or universities of a 
     foreign country--
       ``(i) to exploit, interfere, or undermine research and 
     development by the United States research community; or
       ``(ii) to misappropriate scientific knowledge resulting 
     from federally funded research and development;
       ``(B) efforts by strategic competitors to exploit the 
     research enterprise of a foreign country that may place at 
     risk--
       ``(i) the science and technology of that foreign country; 
     or
       ``(ii) federally funded research and development; and
       ``(C) practices within the research enterprise of a foreign 
     country that do not adhere to the United States scientific 
     values of openness, transparency, reciprocity, integrity, and 
     merit-based competition.
       ``(g) Exclusion Orders.--To reduce Federal research 
     security risk, the Interagency Suspension and Debarment 
     Committee shall provide quarterly reports to the Director of 
     the Office of Management and Budget and the Director of the 
     Office of Science and Technology Policy that detail--
       ``(1) the number of ongoing investigations by Council 
     Members related to Federal research security that may result, 
     or have resulted, in agency pre-notice letters, suspensions, 
     proposed debarments, and debarments;
       ``(2) Federal agencies' performance and compliance with 
     interagency suspensions and debarments;
       ``(3) efforts by the Interagency Suspension and Debarment 
     Committee to mitigate Federal research security risk;
       ``(4) proposals for developing a unified Federal policy on 
     suspensions and debarments; and
       ``(5) other current suspension and debarment related 
     issues.
       ``(h) Savings Provision.--Nothing in this section may be 
     construed--
       ``(1) to alter or diminish the authority of any Federal 
     agency; or
       ``(2) to alter any procedural requirements or remedies that 
     were in place before the date of the enactment of the 
     Safeguarding American Innovation Act.

     ``Sec. 7904. Annual report

       ``Not later than November 15 of each year, the Chairperson 
     of the Council shall submit a report to the appropriate 
     congressional committees that describes the activities of the 
     Council during the preceding fiscal year.

     ``Sec. 7905. Requirements for Executive agencies

       ``(a) In General.--The head of each Executive agency on the 
     Council shall be responsible for--
       ``(1) assessing Federal research security risks posed by 
     persons participating in federally funded research and 
     development;
       ``(2) avoiding or mitigating such risks, as appropriate and 
     consistent with the standards, guidelines, requirements, and 
     practices identified by the Council under section 7903(b);
       ``(3) prioritizing Federal research security risk 
     assessments conducted under paragraph (1) based on the 
     applicability and relevance of the research and development 
     to the national security and economic competitiveness of the 
     United States; and
       ``(4) ensuring that initiatives impacting Federally funded 
     research grant making policy and management to protect the 
     national and economic security interests of the United States 
     are integrated with the activities of the Council.
       ``(b) Inclusions.--The responsibility of the head of an 
     Executive agency for assessing Federal research security risk 
     described in subsection (a) includes--
       ``(1) developing an overall Federal research security risk 
     management strategy and implementation plan and policies and 
     processes to guide and govern Federal research security risk 
     management activities by the Executive agency;
       ``(2) integrating Federal research security risk management 
     practices throughout the lifecycle of the grant programs of 
     the Executive agency;
       ``(3) sharing relevant information with other Executive 
     agencies, as determined appropriate by the Council in a 
     manner consistent with section 7903; and
       ``(4) reporting on the effectiveness of the Federal 
     research security risk management strategy of the Executive 
     agency consistent with guidance issued by the Office of 
     Management and Budget and the Council.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of title 31, United States Code, is amended by 
     inserting after the item relating to chapter 77 the 
     following:

``79. Federal Research Security Council....................7901.''.....

     SEC. 4494. FEDERAL GRANT APPLICATION FRAUD.

       (a) In General.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1041. Federal grant application fraud

       ``(a) Definitions.--In this section:
       ``(1) Federal agency.--The term `Federal agency' has the 
     meaning given the term `agency' in section 551 of title 5, 
     United States Code.
       ``(2) Federal grant.--The term `Federal grant'--
       ``(A) means a grant awarded by a Federal agency;
       ``(B) includes a subgrant awarded by a non-Federal entity 
     to carry out a Federal grant program; and
       ``(C) does not include--

[[Page S7839]]

       ``(i) direct United States Government cash assistance to an 
     individual;
       ``(ii) a subsidy;
       ``(iii) a loan;
       ``(iv) a loan guarantee; or
       ``(v) insurance.
       ``(3) Federal grant application.--The term `Federal grant 
     application' means an application for a Federal grant.
       ``(4) Foreign compensation.--The term `foreign 
     compensation' means a title, monetary compensation, access to 
     a laboratory or other resource, or other benefit received 
     from--
       ``(A) a foreign government;
       ``(B) a foreign government institution; or
       ``(C) a foreign public enterprise.
       ``(5) Foreign government.--The term `foreign government' 
     includes a person acting or purporting to act on behalf of--
       ``(A) a faction, party, department, agency, bureau, 
     subnational administrative entity, or military of a foreign 
     country; or
       ``(B) a foreign government or a person purporting to act as 
     a foreign government, regardless of whether the United States 
     recognizes the government.
       ``(6) Foreign government institution.--The term `foreign 
     government institution' means a foreign entity owned by, 
     subject to the control of, or subject to regulation by a 
     foreign government.
       ``(7) Foreign public enterprise.--The term `foreign public 
     enterprise' means an enterprise over which a foreign 
     government directly or indirectly exercises a dominant 
     influence.
       ``(8) Law enforcement agency.--The term `law enforcement 
     agency'--
       ``(A) means a Federal, State, local, or Tribal law 
     enforcement agency; and
       ``(B) includes--
       ``(i) the Office of Inspector General of an establishment 
     (as defined in section 12 of the Inspector General Act of 
     1978 (5 U.S.C. App.)) or a designated Federal entity (as 
     defined in section 8G(a) of the Inspector General Act of 1978 
     (5 U.S.C. App.)); and
       ``(ii) the Office of Inspector General, or similar office, 
     of a State or unit of local government.
       ``(9) Outside compensation.--The term `outside 
     compensation' means any compensation, resource, or support 
     (regardless of monetary value) made available to the 
     applicant in support of, or related to, any research 
     endeavor, including a title, research grant, cooperative 
     agreement, contract, institutional award, access to a 
     laboratory, or other resource, including materials, travel 
     compensation, or work incentives.
       ``(b) Prohibition.--It shall be unlawful for any individual 
     to knowingly--
       ``(1) prepare or submit a Federal grant application that 
     fails to disclose the receipt of any outside compensation, 
     including foreign compensation, by the individual;
       ``(2) forge, counterfeit, or otherwise falsify a document 
     for the purpose of obtaining a Federal grant; or
       ``(3) prepare, submit, or assist in the preparation or 
     submission of a Federal grant application or document in 
     connection with a Federal grant application that--
       ``(A) contains a false statement;
       ``(B) contains a material misrepresentation;
       ``(C) has no basis in law or fact; or
       ``(D) fails to disclose a material fact.
       ``(c) Exception.--Subsection (b) does not apply to an 
     activity--
       ``(1) carried out in connection with a lawfully authorized 
     investigative, protective, or intelligence activity of--
       ``(A) a law enforcement agency; or
       ``(B) a Federal intelligence agency; or
       ``(2) authorized under chapter 224.
       ``(d) Penalty.--Any individual who violates subsection 
     (b)--
       ``(1) shall be fined in accordance with this title, 
     imprisoned for not more than 5 years, or both; and
       ``(2) shall be prohibited from receiving a Federal grant 
     during the 5-year period beginning on the date on which a 
     sentence is imposed on the individual under paragraph (1).''.
       (b) Clerical Amendment.--The analysis for chapter 47 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``1041. Federal grant application fraud.''.

     SEC. 4495. RESTRICTING THE ACQUISITION OF EMERGING 
                   TECHNOLOGIES BY CERTAIN ALIENS.

       (a) Grounds of Inadmissibility.--The Secretary of State may 
     determine that an alien is inadmissible if the Secretary 
     determines such alien is seeking to enter the United States 
     to knowingly acquire sensitive or emerging technologies to 
     undermine national security interests of the United States by 
     benefitting an adversarial foreign government's security or 
     strategic capabilities.
       (b) Relevant Factors.--To determine if an alien is 
     inadmissible under subsection (a), the Secretary of State 
     shall--
       (1) take account of information and analyses relevant to 
     implementing subsection (a) from the Office of the Director 
     of National Intelligence, the Department of Health and Human 
     Services, the Department of Defense, the Department of 
     Homeland Security, the Department of Energy, the Department 
     of Commerce, and other appropriate Federal agencies;
       (2) take account of the continual expert assessments of 
     evolving sensitive or emerging technologies that foreign 
     adversaries are targeting;
       (3) take account of relevant information concerning the 
     foreign person's employment or collaboration, to the extent 
     known, with--
       (A) foreign military and security related organizations 
     that are adversarial to the United States;
       (B) foreign institutions involved in the theft of United 
     States research;
       (C) entities involved in export control violations or the 
     theft of intellectual property;
       (D) a government that seeks to undermine the integrity and 
     security of the United States research community; or
       (E) other associations or collaborations that pose a 
     national security threat based on intelligence assessments; 
     and
       (4) weigh the proportionality of risks and the factors 
     listed in paragraphs (1) through (3).
       (c) Reporting Requirement.--Not later than 180 days after 
     the date of the enactment of this Act, and semi-annually 
     thereafter until the sunset date set forth in subsection (e), 
     the Secretary of State, in coordination with the Director of 
     National Intelligence, the Director of the Office of Science 
     and Technology Policy, the Secretary of Homeland Security, 
     the Secretary of Defense, the Secretary of Energy, the 
     Secretary of Commerce, and the heads of other appropriate 
     Federal agencies, shall submit a report to the Committee on 
     the Judiciary of the Senate, the Committee on Foreign 
     Relations of the Senate, the Committee on Homeland Security 
     and Governmental Affairs of the Senate, the Committee on the 
     Judiciary of the House of Representatives, the Committee on 
     Foreign Affairs of the House of Representatives, and the 
     Committee on Oversight and Reform of the House of 
     Representatives that identifies--
       (1) any criteria, if relevant used to describe the aliens 
     to which the grounds of inadmissibility described in 
     subsection (a) may apply;
       (2) the number of individuals determined to be inadmissible 
     under subsection (a), including the nationality of each such 
     individual and the reasons for each determination of 
     inadmissibility; and
       (3) the number of days from the date of the consular 
     interview until a final decision is issued for each 
     application for a visa considered under this section, listed 
     by applicants' country of citizenship and relevant consulate.
       (d) Classification of Report.--Each report required under 
     subsection (c) shall be submitted, to the extent practicable, 
     in an unclassified form, but may be accompanied by a 
     classified annex.
       (e) Sunset.--This section shall cease to be effective on 
     the date that is 2 years after the date of the enactment of 
     this Act.

     SEC. 4496. MACHINE READABLE VISA DOCUMENTS.

       (a) Machine-readable Documents.--Not later than 1 year 
     after the date of the enactment of this Act, the Secretary of 
     State shall--
       (1) use a machine-readable visa application form; and
       (2) make available documents submitted in support of a visa 
     application in a machine readable format to assist in--
       (A) identifying fraud;
       (B) conducting lawful law enforcement activities; and
       (C) determining the eligibility of applicants for a visa 
     under the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.).
       (b) Waiver.--The Secretary of State may waive the 
     requirement under subsection (a) by providing to Congress, 
     not later than 30 days before such waiver takes effect--
       (1) a detailed explanation for why the waiver is being 
     issued; and
       (2) a timeframe for the implementation of the requirement 
     under subsection (a).
       (c) Report.--Not later than 45 days after date of the 
     enactment of this Act, the Secretary of State shall submit a 
     report to the Committee on Homeland Security and Governmental 
     Affairs of the Senate, the Committee on Commerce, Science, 
     and Transportation of the Senate, the Select Committee on 
     Intelligence of the Senate, the Committee on Foreign 
     Relations of the Senate; the Committee on Oversight and 
     Reform of the House of Representatives, the Committee on 
     Homeland Security of the House of Representatives, the 
     Committee on Energy and Commerce of the House of 
     Representatives, the Permanent Select Committee on 
     Intelligence of the House of Representatives, and the 
     Committee on Foreign Affairs of the House of Representatives 
     that--
       (1) describes how supplementary documents provided by a 
     visa applicant in support of a visa application are stored 
     and shared by the Department of State with authorized Federal 
     agencies;
       (2) identifies the sections of a visa application that are 
     machine-readable and the sections that are not machine-
     readable;
       (3) provides cost estimates, including personnel costs and 
     a cost-benefit analysis for adopting different technologies, 
     including optical character recognition, for--
       (A) making every element of a visa application, and 
     documents submitted in support of a visa application, 
     machine-readable; and
       (B) ensuring that such system--
       (i) protects personally-identifiable information; and
       (ii) permits the sharing of visa information with Federal 
     agencies in accordance with existing law; and
       (4) includes an estimated timeline for completing the 
     implementation of subsection (a).

[[Page S7840]]

  


     SEC. 4497. CERTIFICATIONS REGARDING ACCESS TO EXPORT 
                   CONTROLLED TECHNOLOGY IN EDUCATIONAL AND 
                   CULTURAL EXCHANGE PROGRAMS.

       Section 102(b)(5) of the Mutual Educational and Cultural 
     Exchange Act of 1961 (22 U.S.C. 2452(b)(5)) is amended to 
     read as follows:
       ``(5) promoting and supporting medical, scientific, 
     cultural, and educational research and development by 
     developing exchange programs for foreign researchers and 
     scientists, while protecting technologies regulated by export 
     control laws important to the national security and economic 
     interests of the United States, by requiring--
       ``(A) the sponsor to certify to the Department of State 
     that the sponsor, after reviewing all regulations related to 
     the Export Controls Act of 2018 (50 U.S.C. 4811 et seq.) and 
     the Arms Export Control Act (22 U.S.C. 2751 et seq.), has 
     determined that--
       ``(i) a license is not required from the Department of 
     Commerce or the Department of State to release such 
     technology or technical data to the exchange visitor; or
       ``(ii)(I) a license is required from the Department of 
     Commerce or the Department of State to release such 
     technology or technical data to the exchange visitor; and
       ``(II) the sponsor will prevent access to the controlled 
     technology or technical data by the exchange visitor until 
     the sponsor--

       ``(aa) has received the required license or other 
     authorization to release it to the visitor; and
       ``(bb) has provided a copy of such license or authorization 
     to the Department of State; and

       ``(B) if the sponsor maintains export controlled technology 
     or technical data, the sponsor to submit to the Department of 
     State the sponsor's plan to prevent unauthorized export or 
     transfer of any controlled items, materials, information, or 
     technology at the sponsor organization or entities associated 
     with a sponsor's administration of the exchange visitor 
     program.''.

     SEC. 4498. PRIVACY AND CONFIDENTIALITY.

       Nothing in this subtitle may be construed as affecting the 
     rights and requirements provided in section 552a of title 5, 
     United States Code (commonly known as the ``Privacy Act of 
     1974'') or subchapter III of chapter 35 of title 44, United 
     States Code (commonly known as the ``Confidential Information 
     Protection and Statistical Efficiency Act of 2018'').
                                 ______
                                 
  SA 4292. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

                 DIVISION E--SECURING AMERICA'S FUTURE

     SEC. 4001. SHORT TITLE; TABLE OF CONTENTS.

       This division may be cited as the ``Securing America's 
     Future Act''.

                     TITLE I--ADVANCING AMERICAN AI

     SEC. 4201. SHORT TITLE.

       This subtitle may be cited as the ``Advancing American AI 
     Act''.

     SEC. 4202. PURPOSE.

       The purposes of this subtitle are to--
       (1) encourage agency artificial intelligence-related 
     programs and initiatives that enhance the competitiveness of 
     the United States and foster an approach to artificial 
     intelligence that builds on the strengths of the United 
     States in innovation and entrepreneurialism;
       (2) enhance the ability of the Federal Government to 
     translate research advances into artificial intelligence 
     applications to modernize systems and assist agency leaders 
     in fulfilling their missions;
       (3) promote adoption of modernized business practices and 
     advanced technologies across the Federal Government that 
     align with the values of the United States, including the 
     protection of privacy, civil rights, and civil liberties; and
       (4) test and harness applied artificial intelligence to 
     enhance mission effectiveness and business practice 
     efficiency.

     SEC. 4203. DEFINITIONS.

       In this subtitle:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term in section 3502 of title 44, United States Code.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Oversight and Reform of the House of 
     Representatives.
       (3) Artificial intelligence.--The term ``artificial 
     intelligence'' has the meaning given the term in section 
     238(g) of the John S. McCain National Defense Authorization 
     Act for Fiscal Year 2019 (10 U.S.C. 2358 note).
       (4) Artificial intelligence system.--The term ``artificial 
     intelligence system''--
       (A) means any data system, software, application, tool, or 
     utility that operates in whole or in part using dynamic or 
     static machine learning algorithms or other forms of 
     artificial intelligence, whether--
       (i) the data system, software, application, tool, or 
     utility is established primarily for the purpose of 
     researching, developing, or implementing artificial 
     intelligence technology; or
       (ii) artificial intelligence capability is integrated into 
     another system or agency business process, operational 
     activity, or technology system; and
       (B) does not include any common commercial product within 
     which artificial intelligence is embedded, such as a word 
     processor or map navigation system.
       (5) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (6) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.

     SEC. 4204. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL 
                   INTELLIGENCE IN GOVERNMENT.

       (a) Guidance.--The Director shall, when developing the 
     guidance required under section 104(a) of the AI in 
     Government Act of 2020 (title I of division U of Public Law 
     116-260), consider--
       (1) the considerations and recommended practices identified 
     by the National Security Commission on Artificial 
     Intelligence in the report entitled ``Key Considerations for 
     the Responsible Development and Fielding of AI'', as updated 
     in April 2021;
       (2) the principles articulated in Executive Order 13960 (85 
     Fed. Reg. 78939; relating to promoting the use of trustworthy 
     artificial intelligence in Government); and
       (3) the input of--
       (A) the Privacy and Civil Liberties Oversight Board;
       (B) relevant interagency councils, such as the Federal 
     Privacy Council, the Chief Information Officers Council, and 
     the Chief Data Officers Council;
       (C) other governmental and nongovernmental privacy, civil 
     rights, and civil liberties experts; and
       (D) any other individual or entity the Director determines 
     to be appropriate.
       (b) Department Policies and Processes for Procurement and 
     Use of Artificial Intelligence-enabled Systems.--Not later 
     than 180 days after the date of enactment of this Act--
       (1) the Secretary of Homeland Security, with the 
     participation of the Chief Procurement Officer, the Chief 
     Information Officer, the Chief Privacy Officer, and the 
     Officer for Civil Rights and Civil Liberties of the 
     Department and any other person determined to be relevant by 
     the Secretary of Homeland Security, shall issue policies and 
     procedures for the Department related to--
       (A) the acquisition and use of artificial intelligence; and
       (B) considerations for the risks and impacts related to 
     artificial intelligence-enabled systems, including associated 
     data of machine learning systems, to ensure that full 
     consideration is given to--
       (i) the privacy, civil rights, and civil liberties impacts 
     of artificial intelligence-enabled systems; and
       (ii) security against misuse, degradation, or rending 
     inoperable of artificial intelligence-enabled systems; and
       (2) the Chief Privacy Officer and the Officer for Civil 
     Rights and Civil Liberties of the Department shall report to 
     Congress on any additional staffing or funding resources that 
     may be required to carry out the requirements of this 
     subsection.
       (c) Inspector General.--Not later than 180 days after the 
     date of enactment of this Act, the Inspector General of the 
     Department shall identify any training and investments needed 
     to enable employees of the Office of the Inspector General to 
     continually advance their understanding of--
       (1) artificial intelligence systems;
       (2) best practices for governance, oversight, and audits of 
     the use of artificial intelligence systems; and
       (3) how the Office of the Inspector General is using 
     artificial intelligence to enhance audit and investigative 
     capabilities, including actions to--
       (A) ensure the integrity of audit and investigative 
     results; and
       (B) guard against bias in the selection and conduct of 
     audits and investigations.
       (d) Artificial Intelligence Hygiene and Protection of 
     Government Information, Privacy, Civil Rights, and Civil 
     Liberties.--
       (1) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Director, in consultation with a 
     working group consisting of members selected by the Director 
     from appropriate interagency councils, shall develop an 
     initial means by which to--
       (A) ensure that contracts for the acquisition of an 
     artificial intelligence system or service--
       (i) align with the guidance issued to the head of each 
     agency under section 104(a) of the AI in Government Act of 
     2020 (title I of division U of Public Law 116-260);
       (ii) address protection of privacy, civil rights, and civil 
     liberties;
       (iii) address the ownership and security of data and other 
     information created, used, processed, stored, maintained, 
     disseminated, disclosed, or disposed of by a contractor or 
     subcontractor on behalf of the Federal Government; and
       (iv) include considerations for securing the training data, 
     algorithms, and other components of any artificial 
     intelligence system against misuse, unauthorized alteration, 
     degradation, or rendering inoperable; and

[[Page S7841]]

       (B) address any other issue or concern determined to be 
     relevant by the Director to ensure appropriate use and 
     protection of privacy and Government data and other 
     information.
       (2) Consultation.--In developing the considerations under 
     paragraph (1)(A)(iv), the Director shall consult with the 
     Secretary of Homeland Security, the Director of the National 
     Institute of Standards and Technology, and the Director of 
     National Intelligence.
       (3) Review.--The Director--
       (A) should continuously update the means developed under 
     paragraph (1); and
       (B) not later than 2 years after the date of enactment of 
     this Act and not less frequently than every 2 years 
     thereafter, shall update the means developed under paragraph 
     (1).
       (4) Briefing.--The Director shall brief the appropriate 
     congressional committees--
       (A) not later than 90 days after the date of enactment of 
     this Act and thereafter on a quarterly basis until the 
     Director first implements the means developed under paragraph 
     (1); and
       (B) annually thereafter on the implementation of this 
     subsection.
       (5) Sunset.--This subsection shall cease to be effective on 
     the date that is 5 years after the date of enactment of this 
     Act.

     SEC. 4205. AGENCY INVENTORIES AND ARTIFICIAL INTELLIGENCE USE 
                   CASES.

       (a) Inventory.--Not later than 60 days after the date of 
     enactment of this Act, and continuously thereafter for a 
     period of 5 years, the Director, in consultation with the 
     Chief Information Officers Council, the Chief Data Officers 
     Council, and other interagency bodies as determined to be 
     appropriate by the Director, shall require the head of each 
     agency to--
       (1) prepare and maintain an inventory of the artificial 
     intelligence use cases of the agency, including current and 
     planned uses;
       (2) share agency inventories with other agencies, to the 
     extent practicable and consistent with applicable law and 
     policy, including those concerning protection of privacy and 
     of sensitive law enforcement, national security, and other 
     protected information; and
       (3) make agency inventories available to the public, in a 
     manner determined by the Director, and to the extent 
     practicable and in accordance with applicable law and policy, 
     including those concerning the protection of privacy and of 
     sensitive law enforcement, national security, and other 
     protected information.
       (b) Central Inventory.--The Director is encouraged to 
     designate a host entity and ensure the creation and 
     maintenance of an online public directory to--
       (1) make agency artificial intelligence use case 
     information available to the public and those wishing to do 
     business with the Federal Government; and
       (2) identify common use cases across agencies.
       (c) Sharing.--The sharing of agency inventories described 
     in subsection (a)(2) may be coordinated through the Chief 
     Information Officers Council, the Chief Data Officers 
     Council, the Chief Financial Officers Council, the Chief 
     Acquisition Officers Council, or other interagency bodies to 
     improve interagency coordination and information sharing for 
     common use cases.

     SEC. 4206. RAPID PILOT, DEPLOYMENT AND SCALE OF APPLIED 
                   ARTIFICIAL INTELLIGENCE CAPABILITIES TO 
                   DEMONSTRATE MODERNIZATION ACTIVITIES RELATED TO 
                   USE CASES.

       (a) Identification of Use Cases.--Not later than 270 days 
     after the date of enactment of this Act, the Director, in 
     consultation with the Chief Information Officers Council, the 
     Chief Data Officers Council, and other interagency bodies as 
     determined to be appropriate by the Director, shall identify 
     4 new use cases for the application of artificial 
     intelligence-enabled systems to support interagency or intra-
     agency modernization initiatives that require linking 
     multiple siloed internal and external data sources, 
     consistent with applicable laws and policies, including those 
     relating to the protection of privacy and of sensitive law 
     enforcement, national security, and other protected 
     information.
       (b) Pilot Program.--
       (1) Purposes.--The purposes of the pilot program under this 
     subsection include--
       (A) to enable agencies to operate across organizational 
     boundaries, coordinating between existing established 
     programs and silos to improve delivery of the agency mission; 
     and
       (B) to demonstrate the circumstances under which artificial 
     intelligence can be used to modernize or assist in 
     modernizing legacy agency systems.
       (2) Deployment and pilot.--Not later than 1 year after the 
     date of enactment of this Act, the Director, in coordination 
     with the heads of relevant agencies and other officials as 
     the Director determines to be appropriate, shall ensure the 
     initiation of the piloting of the 4 new artificial 
     intelligence use case applications identified under 
     subsection (a), leveraging commercially available 
     technologies and systems to demonstrate scalable artificial 
     intelligence-enabled capabilities to support the use cases 
     identified under subsection (a).
       (3) Risk evaluation and mitigation plan.--In carrying out 
     paragraph (2), the Director shall require the heads of 
     agencies to--
       (A) evaluate risks in utilizing artificial intelligence 
     systems; and
       (B) develop a risk mitigation plan to address those risks, 
     including consideration of--
       (i) the artificial intelligence system not performing as 
     expected;
       (ii) the lack of sufficient or quality training data; and
       (iii) the vulnerability of a utilized artificial 
     intelligence system to unauthorized manipulation or misuse.
       (4) Prioritization.--In carrying out paragraph (2), the 
     Director shall prioritize modernization projects that--
       (A) would benefit from commercially available privacy-
     preserving techniques, such as use of differential privacy, 
     federated learning, and secure multiparty computing; and
       (B) otherwise take into account considerations of civil 
     rights and civil liberties.
       (5) Use case modernization application areas.--Use case 
     modernization application areas described in paragraph (2) 
     shall include not less than 1 from each of the following 
     categories:
       (A) Applied artificial intelligence to drive agency 
     productivity efficiencies in predictive supply chain and 
     logistics, such as--
       (i) predictive food demand and optimized supply;
       (ii) predictive medical supplies and equipment demand and 
     optimized supply; or
       (iii) predictive logistics to accelerate disaster 
     preparedness, response, and recovery.
       (B) Applied artificial intelligence to accelerate agency 
     investment return and address mission-oriented challenges, 
     such as--
       (i) applied artificial intelligence portfolio management 
     for agencies;
       (ii) workforce development and upskilling;
       (iii) redundant and laborious analyses;
       (iv) determining compliance with Government requirements, 
     such as with grants management; or
       (v) outcomes measurement to measure economic and social 
     benefits.
       (6) Requirements.--Not later than 3 years after the date of 
     enactment of this Act, the Director, in coordination with the 
     heads of relevant agencies and other officials as the 
     Director determines to be appropriate, shall establish an 
     artificial intelligence capability within each of the 4 use 
     case pilots under this subsection that--
       (A) solves data access and usability issues with automated 
     technology and eliminates or minimizes the need for manual 
     data cleansing and harmonization efforts;
       (B) continuously and automatically ingests data and updates 
     domain models in near real-time to help identify new patterns 
     and predict trends, to the extent possible, to help agency 
     personnel to make better decisions and take faster actions;
       (C) organizes data for meaningful data visualization and 
     analysis so the Government has predictive transparency for 
     situational awareness to improve use case outcomes;
       (D) is rapidly configurable to support multiple 
     applications and automatically adapts to dynamic conditions 
     and evolving use case requirements, to the extent possible;
       (E) enables knowledge transfer and collaboration across 
     agencies; and
       (F) preserves intellectual property rights to the data and 
     output for benefit of the Federal Government and agencies.
       (c) Briefing.--Not earlier than 270 days but not later than 
     1 year after the date of enactment of this Act, and annually 
     thereafter for 4 years, the Director shall brief the 
     appropriate congressional committees on the activities 
     carried out under this section and results of those 
     activities.
       (d) Sunset.--The section shall cease to be effective on the 
     date that is 5 years after the date of enactment of this Act.

     SEC. 4207. ENABLING ENTREPRENEURS AND AGENCY MISSIONS.

       (a) Innovative Commercial Items.--Section 880 of the 
     National Defense Authorization Act for Fiscal Year 2017 (41 
     U.S.C. 3301 note) is amended--
       (1) in subsection (c), by striking $10,000,000'' and 
     inserting ``$25,000,000'';
       (2) by amending subsection (f) to read as follows:
       ``(f) Definitions.--In this section--
       ``(1) the term `commercial product'--
       ``(A) has the meaning given the term `commercial item' in 
     section 2.101 of the Federal Acquisition Regulation; and
       ``(B) includes a commercial product or a commercial 
     service, as defined in sections 103 and 103a, respectively, 
     of title 41, United States Code; and
       ``(2) the term `innovative' means--
       ``(A) any new technology, process, or method, including 
     research and development; or
       ``(B) any new application of an existing technology, 
     process, or method.''; and
       (3) in subsection (g), by striking ``2022'' and insert 
     ``2027''.
       (b) DHS Other Transaction Authority.--Section 831 of the 
     Homeland Security Act of 2002 (6 U.S.C. 391) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``September 30, 2017'' and inserting ``September 30, 2024''; 
     and
       (B) by amending paragraph (2) to read as follows:
       ``(2) Prototype projects.--The Secretary--
       ``(A) may, under the authority of paragraph (1), carry out 
     prototype projects under section 2371b of title 10, United 
     States Code; and
       ``(B) in applying the authorities of such section 2371b, 
     the Secretary shall perform the functions of the Secretary of 
     Defense as prescribed in such section.'';

[[Page S7842]]

       (2) in subsection (c)(1), by striking ``September 30, 
     2017'' and inserting ``September 30, 2024''; and
       (3) in subsection (d), by striking ``section 845(e)'' and 
     all that follows and inserting ``section 2371b(e) of title 
     10, United States Code.''.
       (c) Commercial Off the Shelf Supply Chain Risk Management 
     Tools.--The General Services Administration is encouraged to 
     pilot commercial off the shelf supply chain risk management 
     tools to improve the ability of the Federal Government to 
     characterize, monitor, predict, and respond to specific 
     supply chain threats and vulnerabilities that could inhibit 
     future Federal acquisition operations.

                          TITLE II--PERSONNEL

          Subtitle A--Facilitating Federal Employee Reskilling

     SEC. 4301. SHORT TITLE.

       This subtitle may be cited as the ``Facilitating Federal 
     Employee Reskilling Act''.

     SEC. 4302. RESKILLING FEDERAL EMPLOYEES.

       (a) Definitions.--In this section:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term ``Executive agency'' in section 105 of title 5, United 
     States Code.
       (2) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Oversight and Reform of the House of 
     Representatives.
       (3) Competitive service.--The term ``competitive service'' 
     has the meaning given the term in section 2102 of title 5, 
     United States Code.
       (4) Director.--The term ``Director'' means the Director of 
     the Office of Personnel Management.
       (5) Employee.--The term ``employee'' means an employee 
     serving in a position in the competitive service or the 
     excepted service.
       (6) Excepted service.--The term ``excepted service'' has 
     the meaning given the term in section 2103 of title 5, United 
     States Code.
       (7) Federal reskilling program.--The term ``Federal 
     reskilling program'' means a program established by the head 
     of an agency or the Director to provide employees with the 
     technical skill or expertise that would qualify the employees 
     to serve in a different position in the competitive service 
     or the excepted service that requires such technical skill or 
     expertise.
       (b) Requirements.--With respect to a Federal reskilling 
     program established by the head of an agency or by the 
     Director before, on, or after the date of enactment of this 
     Act, the agency head or the Director, as applicable, shall 
     ensure that the Federal reskilling program--
       (1) is implemented in a manner that is in accordance with 
     the bar on prohibited personnel practices under section 2302 
     of title 5, United States Code, and consistent with the merit 
     system principles under section 2301 of title 5, United 
     States Code, including by using merit-based selection 
     procedures for participation by employees in the Federal 
     reskilling program;
       (2) includes appropriate limitations or restrictions 
     associated with implementing the Federal reskilling program, 
     which shall be consistent with any regulations prescribed by 
     the Director under subsection (e);
       (3) provides that any new position to which an employee who 
     participates in the Federal reskilling program is transferred 
     will utilize the technical skill or expertise that the 
     employee acquired by participating in the Federal reskilling 
     program;
       (4) includes the option for an employee participating in 
     the Federal reskilling program to return to the original 
     position of the employee, or a similar position, particularly 
     if the employee is unsuccessful in the position to which the 
     employee transfers after completing the Federal reskilling 
     program;
       (5) provides that an employee who successfully completes 
     the Federal reskilling program and transfers to a position 
     that requires the technical skill or expertise provided 
     through the Federal reskilling program shall be entitled to 
     have the grade of the position held immediately before the 
     transfer in a manner in accordance with section 5362 of title 
     5, United States Code;
       (6) provides that an employee serving in a position in the 
     excepted service may not transfer to a position in the 
     competitive service solely by reason of the completion of the 
     Federal reskilling program by the employee; and
       (7) includes a mechanism to track outcomes of the Federal 
     reskilling program in accordance with the metrics established 
     under subsection (c).
       (c) Reporting and Metrics.--Not later than 1 year after the 
     date of enactment of this Act, the Director shall establish 
     reporting requirements for, and standardized metrics and 
     procedures for agencies to track outcomes of, Federal 
     reskilling programs, which shall include, with respect to 
     each Federal reskilling program--
       (1) providing a summary of the Federal reskilling program;
       (2) collecting and reporting demographic and employment 
     data with respect to employees who have applied for, 
     participated in, or completed the Federal reskilling program;
       (3) attrition of employees who have completed the Federal 
     reskilling program; and
       (4) any other measures or outcomes that the Director 
     determines to be relevant.
       (d) GAO Report.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct a comprehensive study of, and submit to 
     Congress a report on, Federal reskilling programs that 
     includes--
       (1) a summary of each Federal reskilling program and 
     methods by which each Federal reskilling program recruits, 
     selects, and retrains employees;
       (2) an analysis of the accessibility of each Federal 
     reskilling program for a diverse set of candidates;
       (3) an evaluation of the effectiveness, costs, and benefits 
     of the Federal reskilling programs; and
       (4) recommendations to improve Federal reskilling programs 
     to accomplish the goal of reskilling the Federal workforce.
       (e) Regulations.--The Director--
       (1) not later than 1 year after the date of enactment of 
     this Act, shall prescribe regulations for the reporting 
     requirements and metrics and procedures under subsection (c);
       (2) may prescribe additional regulations, as the Director 
     determines necessary, to provide for requirements with 
     respect to, and the implementation of, Federal reskilling 
     programs; and
       (3) with respect to any regulation prescribed under this 
     subsection, shall brief the appropriate committees of 
     Congress with respect to the regulation not later than 30 
     days before the date on which the final version of the 
     regulation is published.
       (f) Rule of Construction.--Nothing in this section may be 
     construed to require the head of an agency or the Director to 
     establish a Federal reskilling program.
       (g) Use of Funds.--Any Federal reskilling program 
     established by the head of an agency or the Director shall be 
     carried out using amounts otherwise made available to that 
     agency head or the Director, as applicable.

         Subtitle B--Federal Rotational Cyber Workforce Program

     SEC. 4351. SHORT TITLE.

       This subtitle may be cited as the ``Federal Rotational 
     Cyber Workforce Program Act of 2021''.

     SEC. 4352. DEFINITIONS.

       In this subtitle:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term ``Executive agency'' in section 105 of title 5, United 
     States Code, except that the term does not include the 
     Government Accountability Office.
       (2) Competitive service.--The term ``competitive service'' 
     has the meaning given that term in section 2102 of title 5, 
     United States Code.
       (3) Councils.--The term ``Councils'' means--
       (A) the Chief Human Capital Officers Council established 
     under section 1303 of the Chief Human Capital Officers Act of 
     2002 (5 U.S.C. 1401 note); and
       (B) the Chief Information Officers Council established 
     under section 3603 of title 44, United States Code.
       (4) Cyber workforce position.--The term ``cyber workforce 
     position'' means a position identified as having information 
     technology, cybersecurity, or other cyber-related functions 
     under section 303 of the Federal Cybersecurity Workforce 
     Assessment Act of 2015 (5 U.S.C. 301 note).
       (5) Director.--The term ``Director'' means the Director of 
     the Office of Personnel Management.
       (6) Employee.--The term ``employee'' has the meaning given 
     the term in section 2105 of title 5, United States Code.
       (7) Employing agency.--The term ``employing agency'' means 
     the agency from which an employee is detailed to a rotational 
     cyber workforce position.
       (8) Excepted service.--The term ``excepted service'' has 
     the meaning given that term in section 2103 of title 5, 
     United States Code.
       (9) Rotational cyber workforce position.--The term 
     ``rotational cyber workforce position'' means a cyber 
     workforce position with respect to which a determination has 
     been made under section 4353(a)(1).
       (10) Rotational cyber workforce program.--The term 
     ``rotational cyber workforce program'' means the program for 
     the detail of employees among rotational cyber workforce 
     positions at agencies.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.

     SEC. 4353. ROTATIONAL CYBER WORKFORCE POSITIONS.

       (a) Determination With Respect to Rotational Service.--
       (1) In general.--The head of each agency may determine that 
     a cyber workforce position in that agency is eligible for the 
     rotational cyber workforce program, which shall not be 
     construed to modify the requirement under section 4354(b)(3) 
     that participation in the rotational cyber workforce program 
     by an employee shall be voluntary.
       (2) Notice provided.--The head of an agency shall submit to 
     the Director--
       (A) notice regarding any determination made by the head of 
     the agency under paragraph (1); and
       (B) for each position with respect to which the head of the 
     agency makes a determination under paragraph (1), the 
     information required under subsection (b)(1).
       (b) Preparation of List.--The Director, with assistance 
     from the Councils and the Secretary, shall develop a list of 
     rotational cyber workforce positions that--
       (1) with respect to each such position, to the extent that 
     the information does not disclose sensitive national security 
     information, includes--

[[Page S7843]]

       (A) the title of the position;
       (B) the occupational series with respect to the position;
       (C) the grade level or work level with respect to the 
     position;
       (D) the agency in which the position is located;
       (E) the duty location with respect to the position; and
       (F) the major duties and functions of the position; and
       (2) shall be used to support the rotational cyber workforce 
     program.
       (c) Distribution of List.--Not less frequently than 
     annually, the Director shall distribute an updated list 
     developed under subsection (b) to the head of each agency and 
     other appropriate entities.

     SEC. 4354. ROTATIONAL CYBER WORKFORCE PROGRAM.

       (a) Operation Plan.--
       (1) In general.--Not later than 270 days after the date of 
     enactment of this Act, and in consultation with the Councils, 
     the Secretary, representatives of other agencies, and any 
     other entity as the Director determines appropriate, the 
     Director shall develop and issue a Federal Rotational Cyber 
     Workforce Program operation plan providing policies, 
     processes, and procedures for a program for the detailing of 
     employees among rotational cyber workforce positions at 
     agencies, which may be incorporated into and implemented 
     through mechanisms in existence on the date of enactment of 
     this Act.
       (2) Updating.--The Director may, in consultation with the 
     Councils, the Secretary, and other entities as the Director 
     determines appropriate, periodically update the operation 
     plan developed and issued under paragraph (1).
       (b) Requirements.--The operation plan developed and issued 
     under subsection (a) shall, at a minimum--
       (1) identify agencies for participation in the rotational 
     cyber workforce program;
       (2) establish procedures for the rotational cyber workforce 
     program, including--
       (A) any training, education, or career development 
     requirements associated with participation in the rotational 
     cyber workforce program;
       (B) any prerequisites or requirements for participation in 
     the rotational cyber workforce program; and
       (C) appropriate rotational cyber workforce program 
     performance measures, reporting requirements, employee exit 
     surveys, and other accountability devices for the evaluation 
     of the program;
       (3) provide that participation in the rotational cyber 
     workforce program by an employee shall be voluntary;
       (4) provide that an employee shall be eligible to 
     participate in the rotational cyber workforce program if the 
     head of the employing agency of the employee, or a designee 
     of the head of the employing agency of the employee, approves 
     of the participation of the employee;
       (5) provide that the detail of an employee to a rotational 
     cyber workforce position under the rotational cyber workforce 
     program shall be on a nonreimbursable basis;
       (6) provide that agencies may agree to partner to ensure 
     that the employing agency of an employee who participates in 
     the rotational cyber workforce program is able to fill the 
     position vacated by the employee;
       (7) require that an employee detailed to a rotational cyber 
     workforce position under the rotational cyber workforce 
     program, upon the end of the period of service with respect 
     to the detail, shall be entitled to return to the position 
     held by the employee, or an equivalent position, in the 
     employing agency of the employee without loss of pay, 
     seniority, or other rights or benefits to which the employee 
     would have been entitled had the employee not been detailed;
       (8) provide that discretion with respect to the assignment 
     of an employee under the rotational cyber workforce program 
     shall remain with the employing agency of the employee;
       (9) require that an employee detailed to a rotational cyber 
     workforce position under the rotational cyber workforce 
     program in an agency that is not the employing agency of the 
     employee shall have all the rights that would be available to 
     the employee if the employee were detailed under a provision 
     of law other than this subtitle from the employing agency to 
     the agency in which the rotational cyber workforce position 
     is located;
       (10) provide that participation by an employee in the 
     rotational cyber workforce program shall not constitute a 
     change in the conditions of the employment of the employee; 
     and
       (11) provide that an employee participating in the 
     rotational cyber workforce program shall receive performance 
     evaluations relating to service in the rotational cyber 
     workforce program in a participating agency that are--
       (A) prepared by an appropriate officer, supervisor, or 
     management official of the employing agency, acting in 
     coordination with the supervisor at the agency in which the 
     employee is performing service in the rotational cyber 
     workforce position;
       (B) based on objectives identified in the operation plan 
     with respect to the employee; and
       (C) based in whole or in part on the contribution of the 
     employee to the agency in which the employee performed such 
     service, as communicated from that agency to the employing 
     agency of the employee.
       (c) Program Requirements for Rotational Service.--
       (1) In general.--An employee serving in a cyber workforce 
     position in an agency may, with the approval of the head of 
     the agency, submit an application for detail to a rotational 
     cyber workforce position that appears on the list developed 
     under section 4353(b).
       (2) OPM approval for certain positions.--An employee 
     serving in a position in the excepted service may only be 
     selected for a rotational cyber workforce position that is in 
     the competitive service with the prior approval of the Office 
     of Personnel Management, in accordance with section 300.301 
     of title 5, Code of Federal Regulations, or any successor 
     thereto.
       (3) Selection and term.--
       (A) Selection.--The head of an agency shall select an 
     employee for a rotational cyber workforce position under the 
     rotational cyber workforce program in a manner that is 
     consistent with the merit system principles under section 
     2301(b) of title 5, United States Code.
       (B) Term.--Except as provided in subparagraph (C), and 
     notwithstanding section 3341(b) of title 5, United States 
     Code, a detail to a rotational cyber workforce position shall 
     be for a period of not less than 180 days and not more than 1 
     year.
       (C) Extension.--The Chief Human Capital Officer of the 
     agency to which an employee is detailed under the rotational 
     cyber workforce program may extend the period of a detail 
     described in subparagraph (B) for a period of 60 days unless 
     the Chief Human Capital Officer of the employing agency of 
     the employee objects to that extension.
       (4) Written service agreements.--
       (A) In general.--The detail of an employee to a rotational 
     cyber workforce position shall be contingent upon the 
     employee entering into a written service agreement with the 
     employing agency under which the employee is required to 
     complete a period of employment with the employing agency 
     following the conclusion of the detail that is equal in 
     length to the period of the detail.
       (B) Other agreements and obligations.--A written service 
     agreement under subparagraph (A) shall not supersede or 
     modify the terms or conditions of any other service agreement 
     entered into by the employee under any other authority or 
     relieve the obligations between the employee and the 
     employing agency under such a service agreement. Nothing in 
     this subparagraph prevents an employing agency from 
     terminating a service agreement entered into under any other 
     authority under the terms of such agreement or as required by 
     law or regulation.

     SEC. 4355. REPORTING BY GAO.

       Not later than the end of the third fiscal year after the 
     fiscal year in which the operation plan under section 4354(a) 
     is issued, the Comptroller General of the United States shall 
     submit to Congress a report assessing the operation and 
     effectiveness of the rotational cyber workforce program, 
     which shall address, at a minimum--
       (1) the extent to which agencies have participated in the 
     rotational cyber workforce program, including whether the 
     head of each such participating agency has--
       (A) identified positions within the agency that are 
     rotational cyber workforce positions;
       (B) had employees from other participating agencies serve 
     in positions described in subparagraph (A); and
       (C) had employees of the agency request to serve in 
     rotational cyber workforce positions under the rotational 
     cyber workforce program in participating agencies, including 
     a description of how many such requests were approved; and
       (2) the experiences of employees serving in rotational 
     cyber workforce positions under the rotational cyber 
     workforce program, including an assessment of--
       (A) the period of service;
       (B) the positions (including grade level and occupational 
     series or work level) held by employees before completing 
     service in a rotational cyber workforce position under the 
     rotational cyber workforce program;
       (C) the extent to which each employee who completed service 
     in a rotational cyber workforce position under the rotational 
     cyber workforce program achieved a higher skill level, or 
     attained a skill level in a different area, with respect to 
     information technology, cybersecurity, or other cyber-related 
     functions; and
       (D) the extent to which service in rotational cyber 
     workforce positions has affected intra-agency and interagency 
     integration and coordination of cyber practices, functions, 
     and personnel management.

     SEC. 4356. SUNSET.

       Effective 5 years after the date of enactment of this Act, 
     this subtitle is repealed.

                        TITLE IV--OTHER MATTERS

       Subtitle A--Ensuring Security of Unmanned Aircraft Systems

     SEC. 4401. SHORT TITLE.

       This subtitle may be cited as the ``American Security Drone 
     Act of 2021''.

     SEC. 4402. DEFINITIONS.

       In this subtitle:
       (1) Covered foreign entity.--The term ``covered foreign 
     entity'' means an entity included on a list developed and 
     maintained by the Federal Acquisition Security Council. This 
     list will include entities in the following categories:
       (A) An entity included on the Consolidated Screening List.

[[Page S7844]]

       (B) Any entity that is subject to extrajudicial direction 
     from a foreign government, as determined by the Secretary of 
     Homeland Security.
       (C) Any entity the Secretary of Homeland Security, in 
     coordination with the Director of National Intelligence and 
     the Secretary of Defense, determines poses a national 
     security risk.
       (D) Any entity domiciled in the People's Republic of China 
     or subject to influence or control by the Government of the 
     People's Republic of China or the Communist Party of the 
     People's Republic of China, as determined by the Secretary of 
     Homeland Security.
       (E) Any subsidiary or affiliate of an entity described in 
     subparagraphs (A) through (D).
       (2) Covered unmanned aircraft system.--The term ``covered 
     unmanned aircraft system'' has the meaning given the term 
     ``unmanned aircraft system'' in section 44801 of title 49, 
     United States Code.

     SEC. 4403. PROHIBITION ON PROCUREMENT OF COVERED UNMANNED 
                   AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

       (a) In General.--Except as provided under subsections (b) 
     though (f), the head of an executive agency may not procure 
     any covered unmanned aircraft system that are manufactured or 
     assembled by a covered foreign entity, which includes 
     associated elements (consisting of communication links and 
     the components that control the unmanned aircraft) that are 
     required for the operator to operate safely and efficiently 
     in the national airspace system. The Federal Acquisition 
     Security Council, in coordination with the Secretary of 
     Transportation, shall develop and update a list of associated 
     elements.
       (b) Exemption.--The Secretary of Homeland Security, the 
     Secretary of Defense, and the Attorney General are exempt 
     from the restriction under subsection (a) if the operation or 
     procurement--
       (1) is for the sole purposes of research, evaluation, 
     training, testing, or analysis for--
       (A) electronic warfare;
       (B) information warfare operations;
       (C) development of UAS or counter-UAS technology;
       (D) counterterrorism or counterintelligence activities; or
       (E) Federal criminal or national security investigations, 
     including forensic examinations; and
       (2) is required in the national interest of the United 
     States.
       (c) Federal Aviation Administration Center of Excellence 
     for Unmanned Aircraft Systems Exemption.--The Secretary of 
     Transportation, in consultation with the Secretary of 
     Homeland Security, is exempt from the restriction under 
     subsection (a) if the operation or procurement is for the 
     sole purposes of research, evaluation, training, testing, or 
     analysis for the Federal Aviation Administration's Alliance 
     for System Safety of UAS through Research Excellence (ASSURE) 
     Center of Excellence (COE) for Unmanned Aircraft Systems.
       (d) National Transportation Safety Board Exemption.--The 
     National Transportation Safety Board (NTSB), in consultation 
     with the Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the operation or 
     procurement is necessary for the sole purpose of conducting 
     safety investigations.
       (e) National Oceanic Atmospheric Administration 
     Exemption.--The Administrator of the National Oceanic 
     Atmospheric Administration (NOAA), in consultation with the 
     Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the operation or 
     procurement is necessary for the sole purpose of marine or 
     atmospheric science or management.
       (f) Waiver.--The head of an executive agency may waive the 
     prohibition under subsection (a) on a case-by-case basis--
       (1) with the approval of the Secretary of Homeland Security 
     or the Secretary of Defense; and
       (2) upon notification to Congress.

     SEC. 4404. PROHIBITION ON OPERATION OF COVERED UNMANNED 
                   AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

       (a) Prohibition.--
       (1) In general.--Beginning on the date that is 2 years 
     after the date of the enactment of this Act, no Federal 
     department or agency may operate a covered unmanned aircraft 
     system manufactured or assembled by a covered foreign entity.
       (2) Applicability to contracted services.--The prohibition 
     under paragraph (1) applies to any covered unmanned aircraft 
     systems that are being used by any executive agency through 
     the method of contracting for the services of covered 
     unmanned aircraft systems.
       (b) Exemption.--The Secretary of Homeland Security, the 
     Secretary of Defense, and the Attorney General are exempt 
     from the restriction under subsection (a) if the operation or 
     procurement--
       (1) is for the sole purposes of research, evaluation, 
     training, testing, or analysis for--
       (A) electronic warfare;
       (B) information warfare operations;
       (C) development of UAS or counter-UAS technology;
       (D) counterterrorism or counterintelligence activities; or
       (E) Federal criminal or national security investigations, 
     including forensic examinations; and
       (2) is required in the national interest of the United 
     States.
       (c) Federal Aviation Administration Center of Excellence 
     for Unmanned Aircraft Systems Exemption.--The Secretary of 
     Transportation, in consultation with the Secretary of 
     Homeland Security, is exempt from the restriction under 
     subsection (a) if the operation or procurement is for the 
     sole purposes of research, evaluation, training, testing, or 
     analysis for the Federal Aviation Administration's Alliance 
     for System Safety of UAE through Research Excellence (ASSURE) 
     Center of Excellence (COE) for Unmanned Aircraft Systems.
       (d) National Transportation Safety Board Exemption.--The 
     National Transportation Safety Board (NTSB), in consultation 
     with the Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the operation or 
     procurement is necessary for the sole purpose of conducting 
     safety investigations.
       (e) National Oceanic Atmospheric Administration 
     Exemption.--The Administrator of the National Oceanic 
     Atmospheric Administration (NOAA), in consultation with the 
     Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the operation or 
     procurement is necessary for the sole purpose of marine or 
     atmospheric science or management.
       (f) Waiver.--The head of an executive agency may waive the 
     prohibition under subsection (a) on a case-by-case basis--
       (1) with the approval of the Secretary of Homeland Security 
     or the Secretary of Defense; and
       (2) upon notification to Congress.
       (g) Regulations and Guidance.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Homeland Security shall prescribe regulations or guidance to 
     implement this section.

     SEC. 4405. PROHIBITION ON USE OF FEDERAL FUNDS FOR PURCHASES 
                   AND OPERATION OF COVERED UNMANNED AIRCRAFT 
                   SYSTEMS FROM COVERED FOREIGN ENTITIES.

       (a) In General.--Beginning on the date that is 2 years 
     after the date of the enactment of this Act, except as 
     provided in subsection (b), no Federal funds awarded through 
     a contract, grant, or cooperative agreement, or otherwise 
     made available may be used--
       (1) to purchase a covered unmanned aircraft system, or a 
     system to counter unmanned aircraft systems, that is 
     manufactured or assembled by a covered foreign entity; or
       (2) in connection with the operation of such a drone or 
     unmanned aircraft system.
       (b) Exemption.--A Federal department or agency is exempt 
     from the restriction under subsection (a) if--
       (1) the contract, grant, or cooperative agreement was 
     awarded prior to the date of the enactment of this Act; or
       (2) the operation or procurement is for the sole purposes 
     of research, evaluation, training, testing, or analysis, as 
     determined by the Secretary of Homeland Security, the 
     Secretary of Defense, or the Attorney General, for--
       (A) electronic warfare;
       (B) information warfare operations;
       (C) development of UAS or counter-UAS technology;
       (D) counterterrorism or counterintelligence activities; or
       (E) Federal criminal or national security investigations, 
     including forensic examinations; or
       (F) the safe integration of UAS in the national airspace 
     (as determined in consultation with the Secretary of 
     Transportation); and
       (3) is required in the national interest of the United 
     States.
       (c) Waiver.--The head of an executive agency may waive the 
     prohibition under subsection (a) on a case-by-case basis--
       (1) with the approval of the Secretary of Homeland Security 
     or the Secretary of Defense; and
       (2) upon notification to Congress.
       (d) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Federal Acquisition Regulatory 
     Council shall prescribe regulations or guidance, as 
     necessary, to implement the requirements of this section 
     pertaining to Federal contracts.

     SEC. 4406. PROHIBITION ON USE OF GOVERNMENT-ISSUED PURCHASE 
                   CARDS TO PURCHASE COVERED UNMANNED AIRCRAFT 
                   SYSTEMS FROM COVERED FOREIGN ENTITIES.

       Effective immediately, Government-issued Purchase Cards may 
     not be used to procure any covered unmanned aircraft system 
     from a covered foreign entity.

     SEC. 4407. MANAGEMENT OF EXISTING INVENTORIES OF COVERED 
                   UNMANNED AIRCRAFT SYSTEMS FROM COVERED FOREIGN 
                   ENTITIES.

       (a) In General.--Effective immediately, all executive 
     agencies must account for existing inventories of covered 
     unmanned aircraft systems manufactured or assembled by a 
     covered foreign entity in their personal property accounting 
     systems, regardless of the original procurement cost, or the 
     purpose of procurement due to the special monitoring and 
     accounting measures necessary to track the items' 
     capabilities.
       (b) Classified Tracking.--Due to the sensitive nature of 
     missions and operations conducted by the United States 
     Government, inventory data related to covered unmanned 
     aircraft systems manufactured or assembled by a covered 
     foreign entity may be tracked at a classified level.

[[Page S7845]]

       (c) Exceptions.--The Department of Defense and Department 
     of Homeland Security may exclude from the full inventory 
     process, covered unmanned aircraft systems that are deemed 
     expendable due to mission risk such as recovery issues or 
     that are one-time-use covered unmanned aircraft due to 
     requirements and low cost.

     SEC. 4408. COMPTROLLER GENERAL REPORT.

       Not later than 275 days after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to Congress a report on the amount of commercial off-
     the-shelf drones and covered unmanned aircraft systems 
     procured by Federal departments and agencies from covered 
     foreign entities.

     SEC. 4409. GOVERNMENT-WIDE POLICY FOR PROCUREMENT OF UNMANNED 
                   AIRCRAFT SYSTEMS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Management and Budget, in coordination with the Department of 
     Homeland Security, Department of Transportation, the 
     Department of Justice, and other Departments as determined by 
     the Director of the Office of Management and Budget, and in 
     consultation with the National Institute of Standards and 
     Technology, shall establish a government-wide policy for the 
     procurement of UAS--
       (1) for non-Department of Defense and non-intelligence 
     community operations; and
       (2) through grants and cooperative agreements entered into 
     with non-Federal entities.
       (b) Information Security.--The policy developed under 
     subsection (a) shall include the following specifications, 
     which to the extent practicable, shall be based on industry 
     standards and technical guidance from the National Institute 
     of Standards and Technology, to address the risks associated 
     with processing, storing and transmitting Federal information 
     in a UAS:
       (1) Protections to ensure controlled access of UAS.
       (2) Protecting software, firmware, and hardware by ensuring 
     changes to UAS are properly managed, including by ensuring 
     UAS can be updated using a secure, controlled, and 
     configurable mechanism.
       (3) Cryptographically securing sensitive collected, stored, 
     and transmitted data, including proper handling of privacy 
     data and other controlled unclassified information.
       (4) Appropriate safeguards necessary to protect sensitive 
     information, including during and after use of UAS.
       (5) Appropriate data security to ensure that data is not 
     transmitted to or stored in non-approved locations.
       (6) The ability to opt out of the uploading, downloading, 
     or transmitting of data that is not required by law or 
     regulation and an ability to choose with whom and where 
     information is shared when it is required.
       (c) Requirement.--The policy developed under subsection (a) 
     shall reflect an appropriate risk-based approach to 
     information security related to use of UAS.
       (d) Revision of Acquisition Regulations.--Not later than 
     180 days after the date on which the policy required under 
     subsection (a) is issued--
       (1) the Federal Acquisition Regulatory Council shall revise 
     the Federal Acquisition Regulation, as necessary, to 
     implement the policy; and
       (2) any Federal department or agency or other Federal 
     entity not subject to, or not subject solely to, the Federal 
     Acquisition Regulation shall revise applicable policy, 
     guidance, or regulations, as necessary, to implement the 
     policy.
       (e) Exemption.--In developing the policy required under 
     subsection (a), the Director of the Office of Management and 
     Budget shall incorporate an exemption to the policy for the 
     following reasons:
       (1) In the case of procurement for the purposes of 
     training, testing, or analysis for--
       (A) electronic warfare; or
       (B) information warfare operations.
       (2) In the case of researching UAS technology, including 
     testing, evaluation, research, or development of technology 
     to counter UAS.
       (3) In the case of a head of the procuring department or 
     agency determining, in writing, that no product that complies 
     with the information security requirements described in 
     subsection (b) is capable of fulfilling mission critical 
     performance requirements, and such determination--
       (A) may not be delegated below the level of the Deputy 
     Secretary of the procuring department or agency;
       (B) shall specify--
       (i) the quantity of end items to which the waiver applies, 
     the procurement value of which may not exceed $50,000 per 
     waiver; and
       (ii) the time period over which the waiver applies, which 
     shall not exceed 3 years;
       (C) shall be reported to the Office of Management and 
     Budget following issuance of such a determination; and
       (D) not later than 30 days after the date on which the 
     determination is made, shall be provided to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Oversight and Reform of the House of 
     Representatives.

     SEC. 4410. STUDY.

       (a) Independent Study.--Not later than 3 years after the 
     date of the enactment of this Act, the Director of the Office 
     of Management and Budget shall seek to enter into a contract 
     with a federally funded research and development center under 
     which the center will conduct a study of--
       (1) the current and future unmanned aircraft system global 
     and domestic market;
       (2) the ability of the unmanned aircraft system domestic 
     market to keep pace with technological advancements across 
     the industry;
       (3) the ability of domestically made unmanned aircraft 
     systems to meet the network security and data protection 
     requirements of the national security enterprise;
       (4) the extent to which unmanned aircraft system component 
     parts, such as the parts described in section 4403, are made 
     domestically; and
       (5) an assessment of the economic impact, including cost, 
     of excluding the use of foreign-made UAS for use across the 
     Federal Government.
       (b) Submission to OMB.--Upon completion of the study in 
     subsection (a), the federally funded research and development 
     center shall submit the study to the Director of the Office 
     of Management and Budget.
       (c) Submission to Congress.--Not later than 30 days after 
     the date on which the Director of the Office of Management 
     and Budget receives the study under subsection (b), the 
     Director shall submit the study to--
       (1) the Committee on Homeland Security and Governmental 
     Affairs and the Select Committee on Intelligence of the 
     Senate; and
       (2) the Committee on Homeland Security and the Committee on 
     Oversight and Reform and the Permanent Select Committee on 
     Intelligence of the House of Representatives.

     SEC. 4411. SUNSET.

       Sections 4403, 4404, and 4405 shall cease to have effect on 
     the date that is 5 years after the date of the enactment of 
     this Act.

              Subtitle B--No TikTok on Government Devices

     SEC. 4431. SHORT TITLE.

       This subtitle may be cited as the ``No TikTok on Government 
     Devices Act''.

     SEC. 4432. PROHIBITION ON THE USE OF TIKTOK.

       (a) Definitions.--In this section--
       (1) the term ``covered application'' means the social 
     networking service TikTok or any successor application or 
     service developed or provided by ByteDance Limited or an 
     entity owned by ByteDance Limited;
       (2) the term ``executive agency'' has the meaning given 
     that term in section 133 of title 41, United States Code; and
       (3) the term ``information technology'' has the meaning 
     given that term in section 11101 of title 40, United States 
     Code.
       (b) Prohibition on the Use of TikTok.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Management and Budget, in consultation with the Administrator 
     of General Services, the Director of the Cybersecurity and 
     Infrastructure Security Agency, the Director of National 
     Intelligence, and the Secretary of Defense, and consistent 
     with the information security requirements under subchapter 
     II of chapter 35 of title 44, United States Code, shall 
     develop standards and guidelines for executive agencies 
     requiring the removal of any covered application from 
     information technology.
       (2) National security and research exceptions.--The 
     standards and guidelines developed under paragraph (1) shall 
     include--
       (A) exceptions for law enforcement activities, national 
     security interests and activities, and security researchers; 
     and
       (B) for any authorized use of a covered application under 
     an exception, requirements for executive agencies to develop 
     and document risk mitigation actions for such use.

                  Subtitle C--National Risk Management

     SEC. 4461. SHORT TITLE.

       This subtitle may be cited as the ``National Risk 
     Management Act of 2021''.

     SEC. 4462. NATIONAL RISK MANAGEMENT CYCLE.

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

     ``SEC. 2218. NATIONAL RISK MANAGEMENT CYCLE.

       ``(a) National Critical Functions Defined.--In this 
     section, the term `national critical functions' means the 
     functions of government and the private sector so vital to 
     the United States that their disruption, corruption, or 
     dysfunction would have a debilitating effect on security, 
     national economic security, national public health or safety, 
     or any combination thereof.
       ``(b) National Risk Management Cycle.--
       ``(1) Risk identification and assessment.--
       ``(A) In general.--The Secretary, acting through the 
     Director, shall establish a recurring process by which to 
     identify, assess, and prioritize risks to critical 
     infrastructure, considering both cyber and physical threats, 
     the associated likelihoods, vulnerabilities, and 
     consequences, and the resources necessary to address them.
       ``(B) Consultation.--In establishing the process required 
     under subparagraph (A), the Secretary shall consult with, and 
     request and collect information to support analysis from, 
     Sector Risk Management Agencies, critical infrastructure 
     owners and operators, the Assistant to the President for 
     National Security Affairs, the Assistant to the President for 
     Homeland Security, and the National Cyber Director.
       ``(C) Publication.--Not later than 180 days after the date 
     of enactment of this section,

[[Page S7846]]

     the Secretary shall publish in the Federal Register 
     procedures for the process established under subparagraph 
     (A), subject to any redactions the Secretary determines are 
     necessary to protect classified or other sensitive 
     information.
       ``(D) Report.--The Secretary shall submit to the President, 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate, and the Committee on Homeland Security of the 
     House of Representatives a report on the risks identified by 
     the process established under subparagraph (A)--
       ``(i) not later than 1 year after the date of enactment of 
     this section; and
       ``(ii) not later than 1 year after the date on which the 
     Secretary submits a periodic evaluation described in section 
     9002(b)(2) of title XC of division H of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (Public Law 116-283).
       ``(2) National critical infrastructure resilience 
     strategy.--
       ``(A) In general.--Not later than 1 year after the date on 
     which the Secretary delivers each report required under 
     paragraph (1), the President shall deliver to majority and 
     minority leaders of the Senate, the Speaker and minority 
     leader of the House of Representatives, the Committee on 
     Homeland Security and Governmental Affairs of the Senate, and 
     the Committee on Homeland Security of the House of 
     Representatives a national critical infrastructure resilience 
     strategy designed to address the risks identified by the 
     Secretary.
       ``(B) Elements.--Each strategy delivered under subparagraph 
     (A) shall--
       ``(i) identify, assess, and prioritize areas of risk to 
     critical infrastructure that would compromise or disrupt 
     national critical functions impacting national security, 
     economic security, or public health and safety;
       ``(ii) assess the implementation of the previous national 
     critical infrastructure resilience strategy, as applicable;
       ``(iii) identify and outline current and proposed national-
     level actions, programs, and efforts to be taken to address 
     the risks identified;
       ``(iv) identify the Federal departments or agencies 
     responsible for leading each national-level action, program, 
     or effort and the relevant critical infrastructure sectors 
     for each; and
       ``(v) request any additional authorities necessary to 
     successfully execute the strategy.
       ``(C) Form.--Each strategy delivered under subparagraph (A) 
     shall be unclassified, but may contain a classified annex.
       ``(3) Congressional briefing.--Not later than 1 year after 
     the date on which the President delivers the first strategy 
     required under paragraph (2)(A), and every year thereafter, 
     the Secretary, in coordination with Sector Risk Management 
     Agencies, shall brief the appropriate congressional 
     committees on--
       ``(A) the national risk management cycle activities 
     undertaken pursuant to the strategy; and
       ``(B) the amounts and timeline for funding that the 
     Secretary has determined would be necessary to address risks 
     and successfully execute the full range of activities 
     proposed by the strategy.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135) is amended by inserting 
     after the item relating to section 2217 the following:

``Sec. 2218. National risk management cycle.''.

              Subtitle D--Safeguarding American Innovation

     SEC. 4491. SHORT TITLE.

       This subtitle may be cited as the ``Safeguarding American 
     Innovation Act''.

     SEC. 4492. DEFINITIONS.

       In this subtitle:
       (1) Federal science agency.--The term ``Federal science 
     agency'' means any Federal department or agency to which more 
     than $100,000,000 in basic and applied research and 
     development funds were appropriated for the previous fiscal 
     year.
       (2) Research and development.--
       (A) In general.--The term ``research and development'' 
     means all research activities, both basic and applied, and 
     all development activities.
       (B) Development.--The term ``development'' means 
     experimental development.
       (C) Experimental development.--The term ``experimental 
     development'' means creative and systematic work, drawing 
     upon knowledge gained from research and practical experience, 
     which--
       (i) is directed toward the production of new products or 
     processes or improving existing products or processes; and
       (ii) like research, will result in gaining additional 
     knowledge.
       (D) Research.--The term ``research''--
       (i) means a systematic study directed toward fuller 
     scientific knowledge or understanding of the subject studied; 
     and
       (ii) includes activities involving the training of 
     individuals in research techniques if such activities--

       (I) utilize the same facilities as other research and 
     development activities; and
       (II) are not included in the instruction function.

     SEC. 4493. FEDERAL RESEARCH SECURITY COUNCIL.

       (a) In General.--Subtitle V of title 31, United States 
     Code, is amended by adding at the end the following:

            ``CHAPTER 79--FEDERAL RESEARCH SECURITY COUNCIL

``Sec.
``7901. Definitions.
``7902. Federal Research Security Council establishment and membership.
``7903. Functions and authorities.
``7904. Strategic plan.
``7905. Annual report.
``7906. Requirements for Executive agencies.

     ``Sec. 7901. Definitions

       ``In this chapter:
       ``(1) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(B) the Committee on Commerce, Science, and 
     Transportation of the Senate;
       ``(C) the Select Committee on Intelligence of the Senate;
       ``(D) the Committee on Foreign Relations of the Senate;
       ``(E) the Committee on Armed Services of the Senate;
       ``(F) the Committee on Health, Education, Labor, and 
     Pensions of the Senate;
       ``(G) the Committee on Oversight and Reform of the House of 
     Representatives;
       ``(H) the Committee on Homeland Security of the House of 
     Representatives;
       ``(I) the Committee on Energy and Commerce of the House of 
     Representatives;
       ``(J) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       ``(K) the Committee on Foreign Affairs of the House of 
     Representatives;
       ``(L) the Committee on Armed Services of the House of 
     Representatives; and
       ``(M) the Committee on Education and Labor of the House of 
     Representatives.
       ``(2) Council.--The term `Council' means the Federal 
     Research Security Council established under section 7902(a).
       ``(3) Executive agency.--The term `Executive agency' has 
     the meaning given that term in section 105 of title 5.
       ``(4) Federal research security risk.--The term `Federal 
     research security risk' means the risk posed by malign state 
     actors and other persons to the security and integrity of 
     research and development conducted using research and 
     development funds awarded by Executive agencies.
       ``(5) Insider.--The term `insider' means any person with 
     authorized access to any United States Government resource, 
     including personnel, facilities, information, research, 
     equipment, networks, or systems.
       ``(6) Insider threat.--The term `insider threat' means the 
     threat that an insider will use his or her authorized access 
     (wittingly or unwittingly) to harm the national and economic 
     security of the United States or negatively affect the 
     integrity of a Federal agency's normal processes, including 
     damaging the United States through espionage, sabotage, 
     terrorism, unauthorized disclosure of national security 
     information or nonpublic information, a destructive act 
     (which may include physical harm to another in the 
     workplace), or through the loss or degradation of 
     departmental resources, capabilities, and functions.
       ``(7) Research and development.--
       ``(A) In general.--The term `research and development' 
     means all research activities, both basic and applied, and 
     all development activities.
       ``(B) Development.--The term `development' means 
     experimental development.
       ``(C) Experimental development.--The term `experimental 
     development' means creative and systematic work, drawing upon 
     knowledge gained from research and practical experience, 
     which--
       ``(i) is directed toward the production of new products or 
     processes or improving existing products or processes; and
       ``(ii) like research, will result in gaining additional 
     knowledge.
       ``(D) Research.--The term `research'--
       ``(i) means a systematic study directed toward fuller 
     scientific knowledge or understanding of the subject studied; 
     and
       ``(ii) includes activities involving the training of 
     individuals in research techniques if such activities--

       ``(I) utilize the same facilities as other research and 
     development activities; and
       ``(II) are not included in the instruction function.

       ``(8) United states research community.--The term `United 
     States research community' means--
       ``(A) research and development centers of Executive 
     agencies;
       ``(B) private research and development centers in the 
     United States, including for profit and nonprofit research 
     institutes;
       ``(C) research and development centers at institutions of 
     higher education (as defined in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a)));
       ``(D) research and development centers of States, United 
     States territories, Indian tribes, and municipalities;
       ``(E) government-owned, contractor-operated United States 
     Government research and development centers; and
       ``(F) any person conducting federally funded research or 
     receiving Federal research grant funding.

     ``Sec. 7902. Federal Research Security Council establishment 
       and membership

       ``(a) Establishment.--There is established, in the Office 
     of Management and Budget, a Federal Research Security 
     Council, which

[[Page S7847]]

     shall develop federally funded research and development grant 
     making policy and management guidance to protect the national 
     and economic security interests of the United States.
       ``(b) Membership.--
       ``(1) In general.--The following agencies shall be 
     represented on the Council:
       ``(A) The Office of Management and Budget.
       ``(B) The Office of Science and Technology Policy.
       ``(C) The Department of Defense.
       ``(D) The Department of Homeland Security.
       ``(E) The Office of the Director of National Intelligence.
       ``(F) The Department of Justice.
       ``(G) The Department of Energy.
       ``(H) The Department of Commerce.
       ``(I) The Department of Health and Human Services.
       ``(J) The Department of State.
       ``(K) The Department of Transportation.
       ``(L) The National Aeronautics and Space Administration.
       ``(M) The National Science Foundation.
       ``(N) The Department of Education.
       ``(O) The Small Business Administration.
       ``(P) The Council of Inspectors General on Integrity and 
     Efficiency.
       ``(Q) Other Executive agencies, as determined by the 
     Chairperson of the Council.
       ``(2) Lead representatives.--
       ``(A) Designation.--Not later than 45 days after the date 
     of the enactment of the Safeguarding American Innovation Act, 
     the head of each agency represented on the Council shall 
     designate a representative of that agency as the lead 
     representative of the agency on the Council.
       ``(B) Functions.--The lead representative of an agency 
     designated under subparagraph (A) shall ensure that 
     appropriate personnel, including leadership and subject 
     matter experts of the agency, are aware of the business of 
     the Council.
       ``(c) Chairperson.--
       ``(1) Designation.--Not later than 45 days after the date 
     of the enactment of the Safeguarding American Innovation Act, 
     the Director of the Office of Management and Budget shall 
     designate a senior level official from the Office of 
     Management and Budget to serve as the Chairperson of the 
     Council.
       ``(2) Functions.--The Chairperson shall perform functions 
     that include--
       ``(A) subject to subsection (d), developing a schedule for 
     meetings of the Council;
       ``(B) designating Executive agencies to be represented on 
     the Council under subsection (b)(1)(Q);
       ``(C) in consultation with the lead representative of each 
     agency represented on the Council, developing a charter for 
     the Council; and
       ``(D) not later than 7 days after completion of the 
     charter, submitting the charter to the appropriate 
     congressional committees.
       ``(3) Lead science advisor.--The Director of the Office of 
     Science and Technology Policy shall designate a senior level 
     official to be the lead science advisor to the Council for 
     purposes of this chapter.
       ``(4) Lead security advisor.--The Director of the National 
     Counterintelligence and Security Center shall designate a 
     senior level official from the National Counterintelligence 
     and Security Center to be the lead security advisor to the 
     Council for purposes of this chapter.
       ``(d) Meetings.--The Council shall meet not later than 60 
     days after the date of the enactment of the Safeguarding 
     American Innovation Act and not less frequently than 
     quarterly thereafter.

     ``Sec. 7903. Functions and authorities

       ``(a) Definitions.--In this section:
       ``(1) Implementing.--The term `implementing' means working 
     with the relevant Federal agencies, through existing 
     processes and procedures, to enable those agencies to put in 
     place and enforce the measures described in this section.
       ``(2) Uniform application process.--The term `uniform 
     application process' means a process employed by Federal 
     science agencies to maximize the collection of information 
     regarding applicants and applications, as determined by the 
     Council.
       ``(b) In General.--The Chairperson of the Council shall 
     consider the missions and responsibilities of Council members 
     in determining the lead agencies for Council functions. The 
     Council shall perform the following functions:
       ``(1) Developing and implementing, across all Executive 
     agencies that award research and development grants, awards, 
     and contracts, a uniform application process for grants in 
     accordance with subsection (c).
       ``(2) Developing and implementing policies and providing 
     guidance to prevent malign foreign interference from unduly 
     influencing the peer review process for federally funded 
     research and development.
       ``(3) Identifying or developing criteria for sharing among 
     Executive agencies and with law enforcement and other 
     agencies, as appropriate, information regarding individuals 
     who violate disclosure policies and other policies related to 
     research security.
       ``(4) Identifying an appropriate Executive agency--
       ``(A) to accept and protect information submitted by 
     Executive agencies and non-Federal entities based on the 
     process established pursuant to paragraph (1); and
       ``(B) to facilitate the sharing of information received 
     under subparagraph (A) to support, consistent with Federal 
     law--
       ``(i) the oversight of federally funded research and 
     development;
       ``(ii) criminal and civil investigations of misappropriated 
     Federal funds, resources, and information; and
       ``(iii) counterintelligence investigations.
       ``(5) Identifying, as appropriate, Executive agencies to 
     provide--
       ``(A) shared services, such as support for conducting 
     Federal research security risk assessments, activities to 
     mitigate such risks, and oversight and investigations with 
     respect to grants awarded by Executive agencies; and
       ``(B) common contract solutions to support the verification 
     of the identities of persons participating in federally 
     funded research and development.
       ``(6) Identifying and issuing guidance, in accordance with 
     subsection (e) and in coordination with the National Insider 
     Threat Task Force established by Executive Order 13587 (50 
     U.S.C. 3161 note) for expanding the scope of Executive agency 
     insider threat programs, including the safeguarding of 
     research and development from exploitation, compromise, or 
     other unauthorized disclosure, taking into account risk 
     levels and the distinct needs, missions, and systems of each 
     such agency.
       ``(7) Identifying and issuing guidance for developing 
     compliance and oversight programs for Executive agencies to 
     ensure that research and development grant recipients 
     accurately report conflicts of interest and conflicts of 
     commitment in accordance with subsection (c)(1). Such 
     programs shall include an assessment of--
       ``(A) a grantee's support from foreign sources and 
     affiliations, appointments, or participation in talent 
     programs with foreign funding institutions or laboratories; 
     and
       ``(B) the impact of such support and affiliations, 
     appointments, or participation in talent programs on United 
     States national security and economic interests.
       ``(8) Providing guidance to Executive agencies regarding 
     appropriate application of consequences for violations of 
     disclosure requirements.
       ``(9) Developing and implementing a cross-agency policy and 
     providing guidance related to the use of digital persistent 
     identifiers for individual researchers supported by, or 
     working on, any Federal research grant with the goal to 
     enhance transparency and security, while reducing 
     administrative burden for researchers and research 
     institutions.
       ``(10) Engaging with the United States research community 
     in conjunction with the National Science and Technology 
     Council and the National Academies Science, Technology and 
     Security Roundtable created under section 1746 of the 
     National Defense Authorization Act for Fiscal Year 2020 
     (Public Law 116-92; 42 U.S.C. 6601 note) in performing the 
     functions described in paragraphs (1), (2), and (3) and with 
     respect to issues relating to Federal research security 
     risks.
       ``(11) Carrying out such other functions, consistent with 
     Federal law, that are necessary to reduce Federal research 
     security risks.
       ``(c) Requirements for Uniform Grant Application Process.--
     In developing the uniform application process for Federal 
     research and development grants required under subsection 
     (b)(1), the Council shall--
       ``(1) ensure that the process--
       ``(A) requires principal investigators, co-principal 
     investigators, and key personnel associated with the proposed 
     Federal research or development grant project--
       ``(i) to disclose biographical information, all 
     affiliations, including any foreign military, foreign 
     government-related organizations, and foreign-funded 
     institutions, and all current and pending support, including 
     from foreign institutions, foreign governments, or foreign 
     laboratories, and all support received from foreign sources; 
     and
       ``(ii) to certify the accuracy of the required disclosures 
     under penalty of perjury; and
       ``(B) uses a machine-readable application form to assist in 
     identifying fraud and ensuring the eligibility of applicants;
       ``(2) design the process--
       ``(A) to reduce the administrative burden on persons 
     applying for Federal research and development funding; and
       ``(B) to promote information sharing across the United 
     States research community, while safeguarding sensitive 
     information; and
       ``(3) complete the process not later than 1 year after the 
     date of the enactment of the Safeguarding American Innovation 
     Act.
       ``(d) Requirements for Information Sharing Criteria.--In 
     identifying or developing criteria and procedures for sharing 
     information with respect to Federal research security risks 
     under subsection (b)(3), the Council shall ensure that such 
     criteria address, at a minimum--
       ``(1) the information to be shared;
       ``(2) the circumstances under which sharing is mandated or 
     voluntary;
       ``(3) the circumstances under which it is appropriate for 
     an Executive agency to rely on information made available 
     through such sharing in exercising the responsibilities and 
     authorities of the agency under applicable laws relating to 
     the award of grants;
       ``(4) the procedures for protecting intellectual capital 
     that may be present in such information; and
       ``(5) appropriate privacy protections for persons involved 
     in Federal research and development.

[[Page S7848]]

       ``(e) Requirements for Insider Threat Program Guidance.--In 
     identifying or developing guidance with respect to insider 
     threat programs under subsection (b)(6), the Council shall 
     ensure that such guidance provides for, at a minimum--
       ``(1) such programs--
       ``(A) to deter, detect, and mitigate insider threats; and
       ``(B) to leverage counterintelligence, security, 
     information assurance, and other relevant functions and 
     resources to identify and counter insider threats; and
       ``(2) the development of an integrated capability to 
     monitor and audit information for the detection and 
     mitigation of insider threats, including through--
       ``(A) monitoring user activity on computer networks 
     controlled by Executive agencies;
       ``(B) providing employees of Executive agencies with 
     awareness training with respect to insider threats and the 
     responsibilities of employees to report such threats;
       ``(C) gathering information for a centralized analysis, 
     reporting, and response capability; and
       ``(D) information sharing to aid in tracking the risk 
     individuals may pose while moving across programs and 
     affiliations;
       ``(3) the development and implementation of policies and 
     procedures under which the insider threat program of an 
     Executive agency accesses, shares, and integrates information 
     and data derived from offices within the agency and shares 
     insider threat information with the executive agency research 
     sponsors;
       ``(4) the designation of senior officials with authority to 
     provide management, accountability, and oversight of the 
     insider threat program of an Executive agency and to make 
     resource recommendations to the appropriate officials; and
       ``(5) such additional guidance as is necessary to reflect 
     the distinct needs, missions, and systems of each Executive 
     agency.
       ``(f) Issuance of Warnings Relating to Risks and 
     Vulnerabilities in International Scientific Cooperation.--
       ``(1) In general.--The Council, in conjunction with the 
     lead security advisor designated under section 7902(c)(4), 
     shall establish a process for informing members of the United 
     States research community and the public, through the 
     issuance of warnings described in paragraph (2), of potential 
     risks and vulnerabilities in international scientific 
     cooperation that may undermine the integrity and security of 
     the United States research community or place at risk any 
     federally funded research and development.
       ``(2) Content.--A warning described in this paragraph shall 
     include, to the extent the Council considers appropriate, a 
     description of--
       ``(A) activities by the national government, local 
     governments, research institutions, or universities of a 
     foreign country--
       ``(i) to exploit, interfere, or undermine research and 
     development by the United States research community; or
       ``(ii) to misappropriate scientific knowledge resulting 
     from federally funded research and development;
       ``(B) efforts by strategic competitors to exploit the 
     research enterprise of a foreign country that may place at 
     risk--
       ``(i) the science and technology of that foreign country; 
     or
       ``(ii) federally funded research and development; and
       ``(C) practices within the research enterprise of a foreign 
     country that do not adhere to the United States scientific 
     values of openness, transparency, reciprocity, integrity, and 
     merit-based competition.
       ``(g) Exclusion Orders.--To reduce Federal research 
     security risk, the Interagency Suspension and Debarment 
     Committee shall provide quarterly reports to the Director of 
     the Office of Management and Budget and the Director of the 
     Office of Science and Technology Policy that detail--
       ``(1) the number of ongoing investigations by Council 
     Members related to Federal research security that may result, 
     or have resulted, in agency pre-notice letters, suspensions, 
     proposed debarments, and debarments;
       ``(2) Federal agencies' performance and compliance with 
     interagency suspensions and debarments;
       ``(3) efforts by the Interagency Suspension and Debarment 
     Committee to mitigate Federal research security risk;
       ``(4) proposals for developing a unified Federal policy on 
     suspensions and debarments; and
       ``(5) other current suspension and debarment related 
     issues.
       ``(h) Savings Provision.--Nothing in this section may be 
     construed--
       ``(1) to alter or diminish the authority of any Federal 
     agency; or
       ``(2) to alter any procedural requirements or remedies that 
     were in place before the date of the enactment of the 
     Safeguarding American Innovation Act.

     ``Sec. 7904. Annual report

       ``Not later than November 15 of each year, the Chairperson 
     of the Council shall submit a report to the appropriate 
     congressional committees that describes the activities of the 
     Council during the preceding fiscal year.

     ``Sec. 7905. Requirements for Executive agencies

       ``(a) In General.--The head of each Executive agency on the 
     Council shall be responsible for--
       ``(1) assessing Federal research security risks posed by 
     persons participating in federally funded research and 
     development;
       ``(2) avoiding or mitigating such risks, as appropriate and 
     consistent with the standards, guidelines, requirements, and 
     practices identified by the Council under section 7903(b);
       ``(3) prioritizing Federal research security risk 
     assessments conducted under paragraph (1) based on the 
     applicability and relevance of the research and development 
     to the national security and economic competitiveness of the 
     United States; and
       ``(4) ensuring that initiatives impacting Federally funded 
     research grant making policy and management to protect the 
     national and economic security interests of the United States 
     are integrated with the activities of the Council.
       ``(b) Inclusions.--The responsibility of the head of an 
     Executive agency for assessing Federal research security risk 
     described in subsection (a) includes--
       ``(1) developing an overall Federal research security risk 
     management strategy and implementation plan and policies and 
     processes to guide and govern Federal research security risk 
     management activities by the Executive agency;
       ``(2) integrating Federal research security risk management 
     practices throughout the lifecycle of the grant programs of 
     the Executive agency;
       ``(3) sharing relevant information with other Executive 
     agencies, as determined appropriate by the Council in a 
     manner consistent with section 7903; and
       ``(4) reporting on the effectiveness of the Federal 
     research security risk management strategy of the Executive 
     agency consistent with guidance issued by the Office of 
     Management and Budget and the Council.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of title 31, United States Code, is amended by 
     inserting after the item relating to chapter 77 the 
     following:

``79. Federal Research Security Council....................7901.''.....

     SEC. 4494. FEDERAL GRANT APPLICATION FRAUD.

       (a) In General.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1041. Federal grant application fraud

       ``(a) Definitions.--In this section:
       ``(1) Federal agency.--The term `Federal agency' has the 
     meaning given the term `agency' in section 551 of title 5, 
     United States Code.
       ``(2) Federal grant.--The term `Federal grant'--
       ``(A) means a grant awarded by a Federal agency;
       ``(B) includes a subgrant awarded by a non-Federal entity 
     to carry out a Federal grant program; and
       ``(C) does not include--
       ``(i) direct United States Government cash assistance to an 
     individual;
       ``(ii) a subsidy;
       ``(iii) a loan;
       ``(iv) a loan guarantee; or
       ``(v) insurance.
       ``(3) Federal grant application.--The term `Federal grant 
     application' means an application for a Federal grant.
       ``(4) Foreign compensation.--The term `foreign 
     compensation' means a title, monetary compensation, access to 
     a laboratory or other resource, or other benefit received 
     from--
       ``(A) a foreign government;
       ``(B) a foreign government institution; or
       ``(C) a foreign public enterprise.
       ``(5) Foreign government.--The term `foreign government' 
     includes a person acting or purporting to act on behalf of--
       ``(A) a faction, party, department, agency, bureau, 
     subnational administrative entity, or military of a foreign 
     country; or
       ``(B) a foreign government or a person purporting to act as 
     a foreign government, regardless of whether the United States 
     recognizes the government.
       ``(6) Foreign government institution.--The term `foreign 
     government institution' means a foreign entity owned by, 
     subject to the control of, or subject to regulation by a 
     foreign government.
       ``(7) Foreign public enterprise.--The term `foreign public 
     enterprise' means an enterprise over which a foreign 
     government directly or indirectly exercises a dominant 
     influence.
       ``(8) Law enforcement agency.--The term `law enforcement 
     agency'--
       ``(A) means a Federal, State, local, or Tribal law 
     enforcement agency; and
       ``(B) includes--
       ``(i) the Office of Inspector General of an establishment 
     (as defined in section 12 of the Inspector General Act of 
     1978 (5 U.S.C. App.)) or a designated Federal entity (as 
     defined in section 8G(a) of the Inspector General Act of 1978 
     (5 U.S.C. App.)); and
       ``(ii) the Office of Inspector General, or similar office, 
     of a State or unit of local government.
       ``(9) Outside compensation.--The term `outside 
     compensation' means any compensation, resource, or support 
     (regardless of monetary value) made available to the 
     applicant in support of, or related to, any research 
     endeavor, including a title, research grant, cooperative 
     agreement, contract, institutional award, access to a 
     laboratory, or other resource, including materials, travel 
     compensation, or work incentives.
       ``(b) Prohibition.--It shall be unlawful for any individual 
     to knowingly--
       ``(1) prepare or submit a Federal grant application that 
     fails to disclose the receipt of any outside compensation, 
     including foreign compensation, by the individual;

[[Page S7849]]

       ``(2) forge, counterfeit, or otherwise falsify a document 
     for the purpose of obtaining a Federal grant; or
       ``(3) prepare, submit, or assist in the preparation or 
     submission of a Federal grant application or document in 
     connection with a Federal grant application that--
       ``(A) contains a false statement;
       ``(B) contains a material misrepresentation;
       ``(C) has no basis in law or fact; or
       ``(D) fails to disclose a material fact.
       ``(c) Exception.--Subsection (b) does not apply to an 
     activity--
       ``(1) carried out in connection with a lawfully authorized 
     investigative, protective, or intelligence activity of--
       ``(A) a law enforcement agency; or
       ``(B) a Federal intelligence agency; or
       ``(2) authorized under chapter 224.
       ``(d) Penalty.--Any individual who violates subsection 
     (b)--
       ``(1) shall be fined in accordance with this title, 
     imprisoned for not more than 5 years, or both; and
       ``(2) shall be prohibited from receiving a Federal grant 
     during the 5-year period beginning on the date on which a 
     sentence is imposed on the individual under paragraph (1).''.
       (b) Clerical Amendment.--The analysis for chapter 47 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``1041. Federal grant application fraud.''.

     SEC. 4495. RESTRICTING THE ACQUISITION OF EMERGING 
                   TECHNOLOGIES BY CERTAIN ALIENS.

       (a) Grounds of Inadmissibility.--The Secretary of State may 
     determine that an alien is inadmissible if the Secretary 
     determines such alien is seeking to enter the United States 
     to knowingly acquire sensitive or emerging technologies to 
     undermine national security interests of the United States by 
     benefitting an adversarial foreign government's security or 
     strategic capabilities.
       (b) Relevant Factors.--To determine if an alien is 
     inadmissible under subsection (a), the Secretary of State 
     shall--
       (1) take account of information and analyses relevant to 
     implementing subsection (a) from the Office of the Director 
     of National Intelligence, the Department of Health and Human 
     Services, the Department of Defense, the Department of 
     Homeland Security, the Department of Energy, the Department 
     of Commerce, and other appropriate Federal agencies;
       (2) take account of the continual expert assessments of 
     evolving sensitive or emerging technologies that foreign 
     adversaries are targeting;
       (3) take account of relevant information concerning the 
     foreign person's employment or collaboration, to the extent 
     known, with--
       (A) foreign military and security related organizations 
     that are adversarial to the United States;
       (B) foreign institutions involved in the theft of United 
     States research;
       (C) entities involved in export control violations or the 
     theft of intellectual property;
       (D) a government that seeks to undermine the integrity and 
     security of the United States research community; or
       (E) other associations or collaborations that pose a 
     national security threat based on intelligence assessments; 
     and
       (4) weigh the proportionality of risks and the factors 
     listed in paragraphs (1) through (3).
       (c) Reporting Requirement.--Not later than 180 days after 
     the date of the enactment of this Act, and semi-annually 
     thereafter until the sunset date set forth in subsection (e), 
     the Secretary of State, in coordination with the Director of 
     National Intelligence, the Director of the Office of Science 
     and Technology Policy, the Secretary of Homeland Security, 
     the Secretary of Defense, the Secretary of Energy, the 
     Secretary of Commerce, and the heads of other appropriate 
     Federal agencies, shall submit a report to the Committee on 
     the Judiciary of the Senate, the Committee on Foreign 
     Relations of the Senate, the Committee on Homeland Security 
     and Governmental Affairs of the Senate, the Committee on the 
     Judiciary of the House of Representatives, the Committee on 
     Foreign Affairs of the House of Representatives, and the 
     Committee on Oversight and Reform of the House of 
     Representatives that identifies--
       (1) any criteria, if relevant used to describe the aliens 
     to which the grounds of inadmissibility described in 
     subsection (a) may apply;
       (2) the number of individuals determined to be inadmissible 
     under subsection (a), including the nationality of each such 
     individual and the reasons for each determination of 
     inadmissibility; and
       (3) the number of days from the date of the consular 
     interview until a final decision is issued for each 
     application for a visa considered under this section, listed 
     by applicants' country of citizenship and relevant consulate.
       (d) Classification of Report.--Each report required under 
     subsection (c) shall be submitted, to the extent practicable, 
     in an unclassified form, but may be accompanied by a 
     classified annex.
       (e) Sunset.--This section shall cease to be effective on 
     the date that is 2 years after the date of the enactment of 
     this Act.

     SEC. 4496. MACHINE READABLE VISA DOCUMENTS.

       (a) Machine-readable Documents.--Not later than 1 year 
     after the date of the enactment of this Act, the Secretary of 
     State shall--
       (1) use a machine-readable visa application form; and
       (2) make available documents submitted in support of a visa 
     application in a machine readable format to assist in--
       (A) identifying fraud;
       (B) conducting lawful law enforcement activities; and
       (C) determining the eligibility of applicants for a visa 
     under the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.).
       (b) Waiver.--The Secretary of State may waive the 
     requirement under subsection (a) by providing to Congress, 
     not later than 30 days before such waiver takes effect--
       (1) a detailed explanation for why the waiver is being 
     issued; and
       (2) a timeframe for the implementation of the requirement 
     under subsection (a).
       (c) Report.--Not later than 45 days after date of the 
     enactment of this Act, the Secretary of State shall submit a 
     report to the Committee on Homeland Security and Governmental 
     Affairs of the Senate, the Committee on Commerce, Science, 
     and Transportation of the Senate, the Select Committee on 
     Intelligence of the Senate, the Committee on Foreign 
     Relations of the Senate; the Committee on Oversight and 
     Reform of the House of Representatives, the Committee on 
     Homeland Security of the House of Representatives, the 
     Committee on Energy and Commerce of the House of 
     Representatives, the Permanent Select Committee on 
     Intelligence of the House of Representatives, and the 
     Committee on Foreign Affairs of the House of Representatives 
     that--
       (1) describes how supplementary documents provided by a 
     visa applicant in support of a visa application are stored 
     and shared by the Department of State with authorized Federal 
     agencies;
       (2) identifies the sections of a visa application that are 
     machine-readable and the sections that are not machine-
     readable;
       (3) provides cost estimates, including personnel costs and 
     a cost-benefit analysis for adopting different technologies, 
     including optical character recognition, for--
       (A) making every element of a visa application, and 
     documents submitted in support of a visa application, 
     machine-readable; and
       (B) ensuring that such system--
       (i) protects personally-identifiable information; and
       (ii) permits the sharing of visa information with Federal 
     agencies in accordance with existing law; and
       (4) includes an estimated timeline for completing the 
     implementation of subsection (a).

     SEC. 4497. CERTIFICATIONS REGARDING ACCESS TO EXPORT 
                   CONTROLLED TECHNOLOGY IN EDUCATIONAL AND 
                   CULTURAL EXCHANGE PROGRAMS.

       Section 102(b)(5) of the Mutual Educational and Cultural 
     Exchange Act of 1961 (22 U.S.C. 2452(b)(5)) is amended to 
     read as follows:
       ``(5) promoting and supporting medical, scientific, 
     cultural, and educational research and development by 
     developing exchange programs for foreign researchers and 
     scientists, while protecting technologies regulated by export 
     control laws important to the national security and economic 
     interests of the United States, by requiring--
       ``(A) the sponsor to certify to the Department of State 
     that the sponsor, after reviewing all regulations related to 
     the Export Controls Act of 2018 (50 U.S.C. 4811 et seq.) and 
     the Arms Export Control Act (22 U.S.C. 2751 et seq.), has 
     determined that--
       ``(i) a license is not required from the Department of 
     Commerce or the Department of State to release such 
     technology or technical data to the exchange visitor; or
       ``(ii)(I) a license is required from the Department of 
     Commerce or the Department of State to release such 
     technology or technical data to the exchange visitor; and
       ``(II) the sponsor will prevent access to the controlled 
     technology or technical data by the exchange visitor until 
     the sponsor--

       ``(aa) has received the required license or other 
     authorization to release it to the visitor; and
       ``(bb) has provided a copy of such license or authorization 
     to the Department of State; and

       ``(B) if the sponsor maintains export controlled technology 
     or technical data, the sponsor to submit to the Department of 
     State the sponsor's plan to prevent unauthorized export or 
     transfer of any controlled items, materials, information, or 
     technology at the sponsor organization or entities associated 
     with a sponsor's administration of the exchange visitor 
     program.''.

     SEC. 4498. PRIVACY AND CONFIDENTIALITY.

       Nothing in this subtitle may be construed as affecting the 
     rights and requirements provided in section 552a of title 5, 
     United States Code (commonly known as the ``Privacy Act of 
     1974'') or subchapter III of chapter 35 of title 44, United 
     States Code (commonly known as the ``Confidential Information 
     Protection and Statistical Efficiency Act of 2018'').
                                 ______
                                 
  SA 4293. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military

[[Page S7850]]

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--Safeguarding American Innovation

     SEC. 1071. SHORT TITLE.

       This subtitle may be cited as the ``Safeguarding American 
     Innovation Act''.

     SEC. 1072. DEFINITIONS.

       In this subtitle:
       (1) Federal science agency.--The term ``Federal science 
     agency'' means any Federal department or agency to which more 
     than $100,000,000 in basic and applied research and 
     development funds were appropriated for the previous fiscal 
     year.
       (2) Research and development.--
       (A) In general.--The term ``research and development'' 
     means all research activities, both basic and applied, and 
     all development activities.
       (B) Development.--The term ``development'' means 
     experimental development.
       (C) Experimental development.--The term ``experimental 
     development'' means creative and systematic work, drawing 
     upon knowledge gained from research and practical experience, 
     which--
       (i) is directed toward the production of new products or 
     processes or improving existing products or processes; and
       (ii) like research, will result in gaining additional 
     knowledge.
       (D) Research.--The term ``research''--
       (i) means a systematic study directed toward fuller 
     scientific knowledge or understanding of the subject studied; 
     and
       (ii) includes activities involving the training of 
     individuals in research techniques if such activities--

       (I) utilize the same facilities as other research and 
     development activities; and
       (II) are not included in the instruction function.

     SEC. 1073. FEDERAL RESEARCH SECURITY COUNCIL.

       (a) In General.--Subtitle V of title 31, United States 
     Code, is amended by adding at the end the following:

            ``CHAPTER 79--FEDERAL RESEARCH SECURITY COUNCIL

``Sec.
``7901. Definitions.
``7902. Federal Research Security Council establishment and membership.
``7903. Functions and authorities.
``7904. Strategic plan.
``7905. Annual report.
``7906. Requirements for Executive agencies.

     ``Sec. 7901. Definitions

       ``In this chapter:
       ``(1) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(B) the Committee on Commerce, Science, and 
     Transportation of the Senate;
       ``(C) the Select Committee on Intelligence of the Senate;
       ``(D) the Committee on Foreign Relations of the Senate;
       ``(E) the Committee on Armed Services of the Senate;
       ``(F) the Committee on Health, Education, Labor, and 
     Pensions of the Senate;
       ``(G) the Committee on Oversight and Reform of the House of 
     Representatives;
       ``(H) the Committee on Homeland Security of the House of 
     Representatives;
       ``(I) the Committee on Energy and Commerce of the House of 
     Representatives;
       ``(J) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       ``(K) the Committee on Foreign Affairs of the House of 
     Representatives;
       ``(L) the Committee on Armed Services of the House of 
     Representatives; and
       ``(M) the Committee on Education and Labor of the House of 
     Representatives.
       ``(2) Council.--The term `Council' means the Federal 
     Research Security Council established under section 7902(a).
       ``(3) Executive agency.--The term `Executive agency' has 
     the meaning given that term in section 105 of title 5.
       ``(4) Federal research security risk.--The term `Federal 
     research security risk' means the risk posed by malign state 
     actors and other persons to the security and integrity of 
     research and development conducted using research and 
     development funds awarded by Executive agencies.
       ``(5) Insider.--The term `insider' means any person with 
     authorized access to any United States Government resource, 
     including personnel, facilities, information, research, 
     equipment, networks, or systems.
       ``(6) Insider threat.--The term `insider threat' means the 
     threat that an insider will use his or her authorized access 
     (wittingly or unwittingly) to harm the national and economic 
     security of the United States or negatively affect the 
     integrity of a Federal agency's normal processes, including 
     damaging the United States through espionage, sabotage, 
     terrorism, unauthorized disclosure of national security 
     information or nonpublic information, a destructive act 
     (which may include physical harm to another in the 
     workplace), or through the loss or degradation of 
     departmental resources, capabilities, and functions.
       ``(7) Research and development.--
       ``(A) In general.--The term `research and development' 
     means all research activities, both basic and applied, and 
     all development activities.
       ``(B) Development.--The term `development' means 
     experimental development.
       ``(C) Experimental development.--The term `experimental 
     development' means creative and systematic work, drawing upon 
     knowledge gained from research and practical experience, 
     which--
       ``(i) is directed toward the production of new products or 
     processes or improving existing products or processes; and
       ``(ii) like research, will result in gaining additional 
     knowledge.
       ``(D) Research.--The term `research'--
       ``(i) means a systematic study directed toward fuller 
     scientific knowledge or understanding of the subject studied; 
     and
       ``(ii) includes activities involving the training of 
     individuals in research techniques if such activities--

       ``(I) utilize the same facilities as other research and 
     development activities; and
       ``(II) are not included in the instruction function.

       ``(8) United states research community.--The term `United 
     States research community' means--
       ``(A) research and development centers of Executive 
     agencies;
       ``(B) private research and development centers in the 
     United States, including for profit and nonprofit research 
     institutes;
       ``(C) research and development centers at institutions of 
     higher education (as defined in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a)));
       ``(D) research and development centers of States, United 
     States territories, Indian tribes, and municipalities;
       ``(E) government-owned, contractor-operated United States 
     Government research and development centers; and
       ``(F) any person conducting federally funded research or 
     receiving Federal research grant funding.

     ``Sec. 7902. Federal Research Security Council establishment 
       and membership

       ``(a) Establishment.--There is established, in the Office 
     of Management and Budget, a Federal Research Security 
     Council, which shall develop federally funded research and 
     development grant making policy and management guidance to 
     protect the national and economic security interests of the 
     United States.
       ``(b) Membership.--
       ``(1) In general.--The following agencies shall be 
     represented on the Council:
       ``(A) The Office of Management and Budget.
       ``(B) The Office of Science and Technology Policy.
       ``(C) The Department of Defense.
       ``(D) The Department of Homeland Security.
       ``(E) The Office of the Director of National Intelligence.
       ``(F) The Department of Justice.
       ``(G) The Department of Energy.
       ``(H) The Department of Commerce.
       ``(I) The Department of Health and Human Services.
       ``(J) The Department of State.
       ``(K) The Department of Transportation.
       ``(L) The National Aeronautics and Space Administration.
       ``(M) The National Science Foundation.
       ``(N) The Department of Education.
       ``(O) The Small Business Administration.
       ``(P) The Council of Inspectors General on Integrity and 
     Efficiency.
       ``(Q) Other Executive agencies, as determined by the 
     Chairperson of the Council.
       ``(2) Lead representatives.--
       ``(A) Designation.--Not later than 45 days after the date 
     of the enactment of the Safeguarding American Innovation Act, 
     the head of each agency represented on the Council shall 
     designate a representative of that agency as the lead 
     representative of the agency on the Council.
       ``(B) Functions.--The lead representative of an agency 
     designated under subparagraph (A) shall ensure that 
     appropriate personnel, including leadership and subject 
     matter experts of the agency, are aware of the business of 
     the Council.
       ``(c) Chairperson.--
       ``(1) Designation.--Not later than 45 days after the date 
     of the enactment of the Safeguarding American Innovation Act, 
     the Director of the Office of Management and Budget shall 
     designate a senior level official from the Office of 
     Management and Budget to serve as the Chairperson of the 
     Council.
       ``(2) Functions.--The Chairperson shall perform functions 
     that include--
       ``(A) subject to subsection (d), developing a schedule for 
     meetings of the Council;
       ``(B) designating Executive agencies to be represented on 
     the Council under subsection (b)(1)(Q);
       ``(C) in consultation with the lead representative of each 
     agency represented on the Council, developing a charter for 
     the Council; and
       ``(D) not later than 7 days after completion of the 
     charter, submitting the charter to the appropriate 
     congressional committees.
       ``(3) Lead science advisor.--The Director of the Office of 
     Science and Technology Policy shall designate a senior level 
     official to be the lead science advisor to the Council for 
     purposes of this chapter.
       ``(4) Lead security advisor.--The Director of the National 
     Counterintelligence and Security Center shall designate a 
     senior level official from the National Counterintelligence 
     and Security Center to be the lead security advisor to the 
     Council for purposes of this chapter.
       ``(d) Meetings.--The Council shall meet not later than 60 
     days after the date of the

[[Page S7851]]

     enactment of the Safeguarding American Innovation Act and not 
     less frequently than quarterly thereafter.

     ``Sec. 7903. Functions and authorities

       ``(a) Definitions.--In this section:
       ``(1) Implementing.--The term `implementing' means working 
     with the relevant Federal agencies, through existing 
     processes and procedures, to enable those agencies to put in 
     place and enforce the measures described in this section.
       ``(2) Uniform application process.--The term `uniform 
     application process' means a process employed by Federal 
     science agencies to maximize the collection of information 
     regarding applicants and applications, as determined by the 
     Council.
       ``(b) In General.--The Chairperson of the Council shall 
     consider the missions and responsibilities of Council members 
     in determining the lead agencies for Council functions. The 
     Council shall perform the following functions:
       ``(1) Developing and implementing, across all Executive 
     agencies that award research and development grants, awards, 
     and contracts, a uniform application process for grants in 
     accordance with subsection (c).
       ``(2) Developing and implementing policies and providing 
     guidance to prevent malign foreign interference from unduly 
     influencing the peer review process for federally funded 
     research and development.
       ``(3) Identifying or developing criteria for sharing among 
     Executive agencies and with law enforcement and other 
     agencies, as appropriate, information regarding individuals 
     who violate disclosure policies and other policies related to 
     research security.
       ``(4) Identifying an appropriate Executive agency--
       ``(A) to accept and protect information submitted by 
     Executive agencies and non-Federal entities based on the 
     process established pursuant to paragraph (1); and
       ``(B) to facilitate the sharing of information received 
     under subparagraph (A) to support, consistent with Federal 
     law--
       ``(i) the oversight of federally funded research and 
     development;
       ``(ii) criminal and civil investigations of misappropriated 
     Federal funds, resources, and information; and
       ``(iii) counterintelligence investigations.
       ``(5) Identifying, as appropriate, Executive agencies to 
     provide--
       ``(A) shared services, such as support for conducting 
     Federal research security risk assessments, activities to 
     mitigate such risks, and oversight and investigations with 
     respect to grants awarded by Executive agencies; and
       ``(B) common contract solutions to support the verification 
     of the identities of persons participating in federally 
     funded research and development.
       ``(6) Identifying and issuing guidance, in accordance with 
     subsection (e) and in coordination with the National Insider 
     Threat Task Force established by Executive Order 13587 (50 
     U.S.C. 3161 note) for expanding the scope of Executive agency 
     insider threat programs, including the safeguarding of 
     research and development from exploitation, compromise, or 
     other unauthorized disclosure, taking into account risk 
     levels and the distinct needs, missions, and systems of each 
     such agency.
       ``(7) Identifying and issuing guidance for developing 
     compliance and oversight programs for Executive agencies to 
     ensure that research and development grant recipients 
     accurately report conflicts of interest and conflicts of 
     commitment in accordance with subsection (c)(1). Such 
     programs shall include an assessment of--
       ``(A) a grantee's support from foreign sources and 
     affiliations, appointments, or participation in talent 
     programs with foreign funding institutions or laboratories; 
     and
       ``(B) the impact of such support and affiliations, 
     appointments, or participation in talent programs on United 
     States national security and economic interests.
       ``(8) Providing guidance to Executive agencies regarding 
     appropriate application of consequences for violations of 
     disclosure requirements.
       ``(9) Developing and implementing a cross-agency policy and 
     providing guidance related to the use of digital persistent 
     identifiers for individual researchers supported by, or 
     working on, any Federal research grant with the goal to 
     enhance transparency and security, while reducing 
     administrative burden for researchers and research 
     institutions.
       ``(10) Engaging with the United States research community 
     in conjunction with the National Science and Technology 
     Council and the National Academies Science, Technology and 
     Security Roundtable created under section 1746 of the 
     National Defense Authorization Act for Fiscal Year 2020 
     (Public Law 116-92; 42 U.S.C. 6601 note) in performing the 
     functions described in paragraphs (1), (2), and (3) and with 
     respect to issues relating to Federal research security 
     risks.
       ``(11) Carrying out such other functions, consistent with 
     Federal law, that are necessary to reduce Federal research 
     security risks.
       ``(c) Requirements for Uniform Grant Application Process.--
     In developing the uniform application process for Federal 
     research and development grants required under subsection 
     (b)(1), the Council shall--
       ``(1) ensure that the process--
       ``(A) requires principal investigators, co-principal 
     investigators, and key personnel associated with the proposed 
     Federal research or development grant project--
       ``(i) to disclose biographical information, all 
     affiliations, including any foreign military, foreign 
     government-related organizations, and foreign-funded 
     institutions, and all current and pending support, including 
     from foreign institutions, foreign governments, or foreign 
     laboratories, and all support received from foreign sources; 
     and
       ``(ii) to certify the accuracy of the required disclosures 
     under penalty of perjury; and
       ``(B) uses a machine-readable application form to assist in 
     identifying fraud and ensuring the eligibility of applicants;
       ``(2) design the process--
       ``(A) to reduce the administrative burden on persons 
     applying for Federal research and development funding; and
       ``(B) to promote information sharing across the United 
     States research community, while safeguarding sensitive 
     information; and
       ``(3) complete the process not later than 1 year after the 
     date of the enactment of the Safeguarding American Innovation 
     Act.
       ``(d) Requirements for Information Sharing Criteria.--In 
     identifying or developing criteria and procedures for sharing 
     information with respect to Federal research security risks 
     under subsection (b)(3), the Council shall ensure that such 
     criteria address, at a minimum--
       ``(1) the information to be shared;
       ``(2) the circumstances under which sharing is mandated or 
     voluntary;
       ``(3) the circumstances under which it is appropriate for 
     an Executive agency to rely on information made available 
     through such sharing in exercising the responsibilities and 
     authorities of the agency under applicable laws relating to 
     the award of grants;
       ``(4) the procedures for protecting intellectual capital 
     that may be present in such information; and
       ``(5) appropriate privacy protections for persons involved 
     in Federal research and development.
       ``(e) Requirements for Insider Threat Program Guidance.--In 
     identifying or developing guidance with respect to insider 
     threat programs under subsection (b)(6), the Council shall 
     ensure that such guidance provides for, at a minimum--
       ``(1) such programs--
       ``(A) to deter, detect, and mitigate insider threats; and
       ``(B) to leverage counterintelligence, security, 
     information assurance, and other relevant functions and 
     resources to identify and counter insider threats; and
       ``(2) the development of an integrated capability to 
     monitor and audit information for the detection and 
     mitigation of insider threats, including through--
       ``(A) monitoring user activity on computer networks 
     controlled by Executive agencies;
       ``(B) providing employees of Executive agencies with 
     awareness training with respect to insider threats and the 
     responsibilities of employees to report such threats;
       ``(C) gathering information for a centralized analysis, 
     reporting, and response capability; and
       ``(D) information sharing to aid in tracking the risk 
     individuals may pose while moving across programs and 
     affiliations;
       ``(3) the development and implementation of policies and 
     procedures under which the insider threat program of an 
     Executive agency accesses, shares, and integrates information 
     and data derived from offices within the agency and shares 
     insider threat information with the executive agency research 
     sponsors;
       ``(4) the designation of senior officials with authority to 
     provide management, accountability, and oversight of the 
     insider threat program of an Executive agency and to make 
     resource recommendations to the appropriate officials; and
       ``(5) such additional guidance as is necessary to reflect 
     the distinct needs, missions, and systems of each Executive 
     agency.
       ``(f) Issuance of Warnings Relating to Risks and 
     Vulnerabilities in International Scientific Cooperation.--
       ``(1) In general.--The Council, in conjunction with the 
     lead security advisor designated under section 7902(c)(4), 
     shall establish a process for informing members of the United 
     States research community and the public, through the 
     issuance of warnings described in paragraph (2), of potential 
     risks and vulnerabilities in international scientific 
     cooperation that may undermine the integrity and security of 
     the United States research community or place at risk any 
     federally funded research and development.
       ``(2) Content.--A warning described in this paragraph shall 
     include, to the extent the Council considers appropriate, a 
     description of--
       ``(A) activities by the national government, local 
     governments, research institutions, or universities of a 
     foreign country--
       ``(i) to exploit, interfere, or undermine research and 
     development by the United States research community; or
       ``(ii) to misappropriate scientific knowledge resulting 
     from federally funded research and development;
       ``(B) efforts by strategic competitors to exploit the 
     research enterprise of a foreign country that may place at 
     risk--
       ``(i) the science and technology of that foreign country; 
     or
       ``(ii) federally funded research and development; and
       ``(C) practices within the research enterprise of a foreign 
     country that do not adhere to the United States scientific 
     values of openness, transparency, reciprocity, integrity, and 
     merit-based competition.

[[Page S7852]]

       ``(g) Exclusion Orders.--To reduce Federal research 
     security risk, the Interagency Suspension and Debarment 
     Committee shall provide quarterly reports to the Director of 
     the Office of Management and Budget and the Director of the 
     Office of Science and Technology Policy that detail--
       ``(1) the number of ongoing investigations by Council 
     Members related to Federal research security that may result, 
     or have resulted, in agency pre-notice letters, suspensions, 
     proposed debarments, and debarments;
       ``(2) Federal agencies' performance and compliance with 
     interagency suspensions and debarments;
       ``(3) efforts by the Interagency Suspension and Debarment 
     Committee to mitigate Federal research security risk;
       ``(4) proposals for developing a unified Federal policy on 
     suspensions and debarments; and
       ``(5) other current suspension and debarment related 
     issues.
       ``(h) Savings Provision.--Nothing in this section may be 
     construed--
       ``(1) to alter or diminish the authority of any Federal 
     agency; or
       ``(2) to alter any procedural requirements or remedies that 
     were in place before the date of the enactment of the 
     Safeguarding American Innovation Act.

     ``Sec. 7904. Annual report

       ``Not later than November 15 of each year, the Chairperson 
     of the Council shall submit a report to the appropriate 
     congressional committees that describes the activities of the 
     Council during the preceding fiscal year.

     ``Sec. 7905. Requirements for Executive agencies

       ``(a) In General.--The head of each Executive agency on the 
     Council shall be responsible for--
       ``(1) assessing Federal research security risks posed by 
     persons participating in federally funded research and 
     development;
       ``(2) avoiding or mitigating such risks, as appropriate and 
     consistent with the standards, guidelines, requirements, and 
     practices identified by the Council under section 7903(b);
       ``(3) prioritizing Federal research security risk 
     assessments conducted under paragraph (1) based on the 
     applicability and relevance of the research and development 
     to the national security and economic competitiveness of the 
     United States; and
       ``(4) ensuring that initiatives impacting Federally funded 
     research grant making policy and management to protect the 
     national and economic security interests of the United States 
     are integrated with the activities of the Council.
       ``(b) Inclusions.--The responsibility of the head of an 
     Executive agency for assessing Federal research security risk 
     described in subsection (a) includes--
       ``(1) developing an overall Federal research security risk 
     management strategy and implementation plan and policies and 
     processes to guide and govern Federal research security risk 
     management activities by the Executive agency;
       ``(2) integrating Federal research security risk management 
     practices throughout the lifecycle of the grant programs of 
     the Executive agency;
       ``(3) sharing relevant information with other Executive 
     agencies, as determined appropriate by the Council in a 
     manner consistent with section 7903; and
       ``(4) reporting on the effectiveness of the Federal 
     research security risk management strategy of the Executive 
     agency consistent with guidance issued by the Office of 
     Management and Budget and the Council.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of title 31, United States Code, is amended by 
     inserting after the item relating to chapter 77 the 
     following:

``79. Federal Research Security Council....................7901.''.....

     SEC. 1074. FEDERAL GRANT APPLICATION FRAUD.

       (a) In General.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1041. Federal grant application fraud

       ``(a) Definitions.--In this section:
       ``(1) Federal agency.--The term `Federal agency' has the 
     meaning given the term `agency' in section 551 of title 5, 
     United States Code.
       ``(2) Federal grant.--The term `Federal grant'--
       ``(A) means a grant awarded by a Federal agency;
       ``(B) includes a subgrant awarded by a non-Federal entity 
     to carry out a Federal grant program; and
       ``(C) does not include--
       ``(i) direct United States Government cash assistance to an 
     individual;
       ``(ii) a subsidy;
       ``(iii) a loan;
       ``(iv) a loan guarantee; or
       ``(v) insurance.
       ``(3) Federal grant application.--The term `Federal grant 
     application' means an application for a Federal grant.
       ``(4) Foreign compensation.--The term `foreign 
     compensation' means a title, monetary compensation, access to 
     a laboratory or other resource, or other benefit received 
     from--
       ``(A) a foreign government;
       ``(B) a foreign government institution; or
       ``(C) a foreign public enterprise.
       ``(5) Foreign government.--The term `foreign government' 
     includes a person acting or purporting to act on behalf of--
       ``(A) a faction, party, department, agency, bureau, 
     subnational administrative entity, or military of a foreign 
     country; or
       ``(B) a foreign government or a person purporting to act as 
     a foreign government, regardless of whether the United States 
     recognizes the government.
       ``(6) Foreign government institution.--The term `foreign 
     government institution' means a foreign entity owned by, 
     subject to the control of, or subject to regulation by a 
     foreign government.
       ``(7) Foreign public enterprise.--The term `foreign public 
     enterprise' means an enterprise over which a foreign 
     government directly or indirectly exercises a dominant 
     influence.
       ``(8) Law enforcement agency.--The term `law enforcement 
     agency'--
       ``(A) means a Federal, State, local, or Tribal law 
     enforcement agency; and
       ``(B) includes--
       ``(i) the Office of Inspector General of an establishment 
     (as defined in section 12 of the Inspector General Act of 
     1978 (5 U.S.C. App.)) or a designated Federal entity (as 
     defined in section 8G(a) of the Inspector General Act of 1978 
     (5 U.S.C. App.)); and
       ``(ii) the Office of Inspector General, or similar office, 
     of a State or unit of local government.
       ``(9) Outside compensation.--The term `outside 
     compensation' means any compensation, resource, or support 
     (regardless of monetary value) made available to the 
     applicant in support of, or related to, any research 
     endeavor, including a title, research grant, cooperative 
     agreement, contract, institutional award, access to a 
     laboratory, or other resource, including materials, travel 
     compensation, or work incentives.
       ``(b) Prohibition.--It shall be unlawful for any individual 
     to knowingly--
       ``(1) prepare or submit a Federal grant application that 
     fails to disclose the receipt of any outside compensation, 
     including foreign compensation, by the individual;
       ``(2) forge, counterfeit, or otherwise falsify a document 
     for the purpose of obtaining a Federal grant; or
       ``(3) prepare, submit, or assist in the preparation or 
     submission of a Federal grant application or document in 
     connection with a Federal grant application that--
       ``(A) contains a false statement;
       ``(B) contains a material misrepresentation;
       ``(C) has no basis in law or fact; or
       ``(D) fails to disclose a material fact.
       ``(c) Exception.--Subsection (b) does not apply to an 
     activity--
       ``(1) carried out in connection with a lawfully authorized 
     investigative, protective, or intelligence activity of--
       ``(A) a law enforcement agency; or
       ``(B) a Federal intelligence agency; or
       ``(2) authorized under chapter 224.
       ``(d) Penalty.--Any individual who violates subsection 
     (b)--
       ``(1) shall be fined in accordance with this title, 
     imprisoned for not more than 5 years, or both; and
       ``(2) shall be prohibited from receiving a Federal grant 
     during the 5-year period beginning on the date on which a 
     sentence is imposed on the individual under paragraph (1).''.
       (b) Clerical Amendment.--The analysis for chapter 47 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``1041. Federal grant application fraud.''.

     SEC. 1075. RESTRICTING THE ACQUISITION OF EMERGING 
                   TECHNOLOGIES BY CERTAIN ALIENS.

       (a) Grounds of Inadmissibility.--The Secretary of State may 
     determine that an alien is inadmissible if the Secretary 
     determines such alien is seeking to enter the United States 
     to knowingly acquire sensitive or emerging technologies to 
     undermine national security interests of the United States by 
     benefitting an adversarial foreign government's security or 
     strategic capabilities.
       (b) Relevant Factors.--To determine if an alien is 
     inadmissible under subsection (a), the Secretary of State 
     shall--
       (1) take account of information and analyses relevant to 
     implementing subsection (a) from the Office of the Director 
     of National Intelligence, the Department of Health and Human 
     Services, the Department of Defense, the Department of 
     Homeland Security, the Department of Energy, the Department 
     of Commerce, and other appropriate Federal agencies;
       (2) take account of the continual expert assessments of 
     evolving sensitive or emerging technologies that foreign 
     adversaries are targeting;
       (3) take account of relevant information concerning the 
     foreign person's employment or collaboration, to the extent 
     known, with--
       (A) foreign military and security related organizations 
     that are adversarial to the United States;
       (B) foreign institutions involved in the theft of United 
     States research;
       (C) entities involved in export control violations or the 
     theft of intellectual property;
       (D) a government that seeks to undermine the integrity and 
     security of the United States research community; or
       (E) other associations or collaborations that pose a 
     national security threat based on intelligence assessments; 
     and
       (4) weigh the proportionality of risks and the factors 
     listed in paragraphs (1) through (3).
       (c) Reporting Requirement.--Not later than 180 days after 
     the date of the enactment of this Act, and semi-annually 
     thereafter until the sunset date set forth in subsection

[[Page S7853]]

     (e), the Secretary of State, in coordination with the 
     Director of National Intelligence, the Director of the Office 
     of Science and Technology Policy, the Secretary of Homeland 
     Security, the Secretary of Defense, the Secretary of Energy, 
     the Secretary of Commerce, and the heads of other appropriate 
     Federal agencies, shall submit a report to the Committee on 
     the Judiciary of the Senate, the Committee on Foreign 
     Relations of the Senate, the Committee on Homeland Security 
     and Governmental Affairs of the Senate, the Committee on the 
     Judiciary of the House of Representatives, the Committee on 
     Foreign Affairs of the House of Representatives, and the 
     Committee on Oversight and Reform of the House of 
     Representatives that identifies--
       (1) any criteria, if relevant used to describe the aliens 
     to which the grounds of inadmissibility described in 
     subsection (a) may apply;
       (2) the number of individuals determined to be inadmissible 
     under subsection (a), including the nationality of each such 
     individual and the reasons for each determination of 
     inadmissibility; and
       (3) the number of days from the date of the consular 
     interview until a final decision is issued for each 
     application for a visa considered under this section, listed 
     by applicants' country of citizenship and relevant consulate.
       (d) Classification of Report.--Each report required under 
     subsection (c) shall be submitted, to the extent practicable, 
     in an unclassified form, but may be accompanied by a 
     classified annex.
       (e) Sunset.--This section shall cease to be effective on 
     the date that is 2 years after the date of the enactment of 
     this Act.

     SEC. 1076. MACHINE READABLE VISA DOCUMENTS.

       (a) Machine-readable Documents.--Not later than 1 year 
     after the date of the enactment of this Act, the Secretary of 
     State shall--
       (1) use a machine-readable visa application form; and
       (2) make available documents submitted in support of a visa 
     application in a machine readable format to assist in--
       (A) identifying fraud;
       (B) conducting lawful law enforcement activities; and
       (C) determining the eligibility of applicants for a visa 
     under the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.).
       (b) Waiver.--The Secretary of State may waive the 
     requirement under subsection (a) by providing to Congress, 
     not later than 30 days before such waiver takes effect--
       (1) a detailed explanation for why the waiver is being 
     issued; and
       (2) a timeframe for the implementation of the requirement 
     under subsection (a).
       (c) Report.--Not later than 45 days after date of the 
     enactment of this Act, the Secretary of State shall submit a 
     report to the Committee on Homeland Security and Governmental 
     Affairs of the Senate, the Committee on Commerce, Science, 
     and Transportation of the Senate, the Select Committee on 
     Intelligence of the Senate, the Committee on Foreign 
     Relations of the Senate; the Committee on Oversight and 
     Reform of the House of Representatives, the Committee on 
     Homeland Security of the House of Representatives, the 
     Committee on Energy and Commerce of the House of 
     Representatives, the Permanent Select Committee on 
     Intelligence of the House of Representatives, and the 
     Committee on Foreign Affairs of the House of Representatives 
     that--
       (1) describes how supplementary documents provided by a 
     visa applicant in support of a visa application are stored 
     and shared by the Department of State with authorized Federal 
     agencies;
       (2) identifies the sections of a visa application that are 
     machine-readable and the sections that are not machine-
     readable;
       (3) provides cost estimates, including personnel costs and 
     a cost-benefit analysis for adopting different technologies, 
     including optical character recognition, for--
       (A) making every element of a visa application, and 
     documents submitted in support of a visa application, 
     machine-readable; and
       (B) ensuring that such system--
       (i) protects personally-identifiable information; and
       (ii) permits the sharing of visa information with Federal 
     agencies in accordance with existing law; and
       (4) includes an estimated timeline for completing the 
     implementation of subsection (a).

     SEC. 1077. CERTIFICATIONS REGARDING ACCESS TO EXPORT 
                   CONTROLLED TECHNOLOGY IN EDUCATIONAL AND 
                   CULTURAL EXCHANGE PROGRAMS.

       Section 102(b)(5) of the Mutual Educational and Cultural 
     Exchange Act of 1961 (22 U.S.C. 2452(b)(5)) is amended to 
     read as follows:
       ``(5) promoting and supporting medical, scientific, 
     cultural, and educational research and development by 
     developing exchange programs for foreign researchers and 
     scientists, while protecting technologies regulated by export 
     control laws important to the national security and economic 
     interests of the United States, by requiring--
       ``(A) the sponsor to certify to the Department of State 
     that the sponsor, after reviewing all regulations related to 
     the Export Controls Act of 2018 (50 U.S.C. 4811 et seq.) and 
     the Arms Export Control Act (22 U.S.C. 2751 et seq.), has 
     determined that--
       ``(i) a license is not required from the Department of 
     Commerce or the Department of State to release such 
     technology or technical data to the exchange visitor; or
       ``(ii)(I) a license is required from the Department of 
     Commerce or the Department of State to release such 
     technology or technical data to the exchange visitor; and
       ``(II) the sponsor will prevent access to the controlled 
     technology or technical data by the exchange visitor until 
     the sponsor--

       ``(aa) has received the required license or other 
     authorization to release it to the visitor; and
       ``(bb) has provided a copy of such license or authorization 
     to the Department of State; and

       ``(B) if the sponsor maintains export controlled technology 
     or technical data, the sponsor to submit to the Department of 
     State the sponsor's plan to prevent unauthorized export or 
     transfer of any controlled items, materials, information, or 
     technology at the sponsor organization or entities associated 
     with a sponsor's administration of the exchange visitor 
     program.''.

     SEC. 1078. PRIVACY AND CONFIDENTIALITY.

       Nothing in this subtitle may be construed as affecting the 
     rights and requirements provided in section 552a of title 5, 
     United States Code (commonly known as the ``Privacy Act of 
     1974'') or subchapter III of chapter 35 of title 44, United 
     States Code (commonly known as the ``Confidential Information 
     Protection and Statistical Efficiency Act of 2018'').
                                 ______
                                 
  SA 4294. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 376. REPORT ON DISEASE PREVENTION FOR MILITARY WORKING 
                   DOGS.

       Not later than 180 days after the date of the enactment of 
     this Act, the head of the Army Veterinary Services shall 
     submit to Congress a report containing the findings of an 
     updated study on the potential introduction of foreign animal 
     diseases and current prevention protocol and strategies to 
     protect the health of military working dogs.
                                 ______
                                 
  SA 4295. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 376. STUDY ON CHEMICAL, BIOLOGICAL, AND RADIOLOGICAL 
                   PROTECTION FOR MILITARY WORKING DOGS.

       (a) Study.--The head of the Army Veterinary Services shall 
     conduct a study on the impacts of chemical, biological, and 
     radiological exposure on military working dogs and current 
     prevention protocol, protective equipment, and strategies of 
     the Department of Defense to protect the health of military 
     working dogs.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the head of the Army Veterinary 
     Services shall submit to the Committees on Armed Services of 
     the Senate and the House of Representatives a report 
     containing the findings of the study conducted under 
     subsection (a).
                                 ______
                                 
  SA 4296. Mr. BLUMENTHAL (for himself and Mr. Rubio) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to 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. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN 
                   PERSONS WHO ENGAGE IN PUBLIC CORRUPTION 
                   ACTIVITIES.

       (a) Findings.--Congress finds the following:
       (1) When public officials and their allies use the 
     mechanisms of government to engage in extortion or bribery, 
     they impoverish the economic health of their country and harm 
     citizens.
       (2) By empowering the United States Government to hold to 
     account foreign public officials and their associates who 
     engage in extortion or bribery, the United States can

[[Page S7854]]

     deter malfeasance and ultimately serve the citizens of 
     fragile countries suffocated by corrupt bureaucracies.
       (3) The 2016 report by the Special Inspector General for 
     Afghan Reconstruction entitled, ``Corruption in Conflict: 
     Lessons from the U.S. Experience in Afghanistan'' included 
     the recommendation, ``Congress should consider enacting 
     legislation that authorizes sanctions against foreign 
     government officials or their associates who engage in 
     corruption.''.
       (b) Authorization of Imposition of Sanctions.--
       (1) In general.--The President may impose the sanctions 
     described in paragraph (2) with respect to any foreign person 
     who is an individual that the President determines--
       (A) engages in public corruption activities against a 
     United States person, including--
       (i) soliciting or accepting bribes;
       (ii) using the authority of the state to extort payments; 
     or
       (iii) engaging in extortion; or
       (B) conspires to engage in, or knowingly and materially 
     assists, sponsors, or provides significant financial, 
     material, or technological support for, any of the activities 
     described in subparagraph (A).
       (2) Sanctions described.--
       (A) Inadmissibility to united states.--A foreign person who 
     is subject to sanctions under this section shall be--
       (i) inadmissible to the United States;
       (ii) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--The visa or other entry documentation of a 
     foreign person who is subject to sanctions under this section 
     shall be revoked regardless of when such visa or other entry 
     documentation is issued.
       (ii) Effect of revocation.--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 possession of the foreign 
     person.

       (3) Exception to comply with law enforcement objectives and 
     agreement regarding headquarters of united nations.--
     Sanctions described under paragraph (2) shall not apply to a 
     foreign person if admitting the person into the United 
     States--
       (A) would further important law enforcement objectives; or
       (B) 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 of the United States.
       (4) Termination of sanctions.--The President may terminate 
     the application of sanctions under this subsection with 
     respect to a foreign person if the President determines and 
     reports to the appropriate congressional committees not later 
     than 15 days before the termination of the sanctions that--
       (A) the person is no longer engaged in the activity that 
     was the basis for the sanctions or has taken significant 
     verifiable steps toward stopping the activity;
       (B) the President has received reliable assurances that the 
     person will not knowingly engage in activity subject to 
     sanctions under this subsection in the future; or
       (C) the termination of the sanctions is in the national 
     security interests of the United States.
       (5) Regulatory authority.--The President shall issue such 
     regulations, licenses, and orders as are necessary to carry 
     out this subsection.
       (6) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on the Judiciary, the Committee on 
     Banking, Housing, and Urban Affairs, and the Committee on 
     Foreign Relations of the Senate; and
       (B) the Committee on the Judiciary, the Committee on 
     Financial Services, and the Committee on Foreign Affairs of 
     the House of Representatives.
       (c) Reports to Congress.--
       (1) In general.--The President shall submit to the 
     appropriate congressional committees, in accordance with 
     paragraph (2), a report that includes--
       (A) a list of each foreign person with respect to whom the 
     President imposed sanctions pursuant to subsection (b)(1) 
     during the year preceding the submission of the report;
       (B) the number of foreign persons with respect to whom the 
     President imposed sanctions under subsection (b)(1) during 
     that year;
       (C) the number of foreign persons with respect to whom the 
     President terminated sanctions under subsection (b)(4) during 
     that year;
       (D) the dates on which such sanctions were imposed or 
     terminated, as the case may be;
       (E) the reasons for imposing or terminating such sanctions;
       (F) the total number of foreign persons with respect to 
     whom such sanctions may have been imposed but were not 
     imposed pursuant to subsection (b)(3); and
       (G) recommendations as to whether the imposition of 
     additional sanctions would be an added deterrent in 
     preventing public corruption.
       (2) Dates for submission.--
       (A) Initial report.--The President shall submit the initial 
     report under paragraph (1) not later than 120 days after the 
     date of the enactment of this Act.
       (B) Subsequent reports.--The President shall submit a 
     subsequent report under paragraph (1) on December 10, or the 
     first day thereafter on which both Houses of Congress are in 
     session, of--
       (i) the calendar year in which the initial report is 
     submitted if the initial report is submitted before December 
     10 of that calendar year; and
       (ii) each calendar year thereafter.
       (3) Form of report.--
       (A) In general.--Each report required by paragraph (1) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (B) Exception.--The name of a foreign person to be included 
     in the list required by paragraph (1)(A) may be submitted in 
     the classified annex authorized by subparagraph (A) only if 
     the President--
       (i) determines that it is vital for the national security 
     interests of the United States to do so; and
       (ii) uses the annex in a manner consistent with 
     congressional intent and the purposes of this section.
       (4) Public availability.--
       (A) In general.--The unclassified portion of the report 
     required by paragraph (1) shall be made available to the 
     public, including through publication in the Federal 
     Register.
       (B) Nonapplicability of confidentiality requirement with 
     respect to visa records.--The President shall publish the 
     list required by paragraph (1)(A) without regard to the 
     requirements of section 222(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1202(f)) with respect to 
     confidentiality of records pertaining to the issuance or 
     refusal of visas or permits to enter the United States.
       (5) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Appropriations, the Committee on 
     Foreign Relations, the Committee on Banking, Housing, and 
     Urban Affairs, and the Committee on the Judiciary of the 
     Senate; and
       (B) the Committee on Appropriations, the Committee on 
     Foreign Affairs, the Committee on Financial Services, and the 
     Committee on the Judiciary of the House of Representatives.
       (d) Sunset.--
       (1) In general.--The authority to impose sanctions under 
     subsection (b) and the requirement to submit reports under 
     subsection (c) shall terminate on the date that is 6 years 
     after the date of the enactment of this Act.
       (2) Continuation in effect of sanctions.--Sanctions imposed 
     under subsection (b) on or before the date specified in 
     paragraph (1), and in effect as of such date, shall remain in 
     effect until terminated in accordance with the requirements 
     of subsection (b)(4).
       (e) Definitions.--In this section:
       (1) Entity.--The term ``entity'' means a partnership, 
     association, trust, joint venture, corporation, group, 
     subgroup, or other organization.
       (2) Foreign person.--The term ``foreign person'' means a 
     person that is not a United States person.
       (3) United states person.--The term ``United States 
     person'' means a person that is a United States citizen, 
     permanent resident alien, entity organized under the laws of 
     the United States or any jurisdiction within the United 
     States (including foreign branches), or any person in the 
     United States.
       (4) Person.--The term ``person'' means an individual or 
     entity.
       (5) Public corruption.--The term ``public corruption'' 
     means the unlawful exercise of entrusted public power for 
     private gain, including by bribery, nepotism, fraud, or 
     embezzlement.

     SEC. 1284. JUSTICE FOR VICTIMS OF KLEPTOCRACY.

       (a) Forfeited Property.--
       (1) In general.--Chapter 46 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 988. Accounting of certain forfeited property

       ``(a) Accounting.--The Attorney General shall make 
     available to the public an accounting of any property 
     relating to foreign government corruption that is forfeited 
     to the United States under section 981 or 982.
       ``(b) Format.--The accounting described under subsection 
     (a) shall be published on the website of the Department of 
     Justice in a format that includes the following:
       ``(1) A heading as follows: `Assets stolen from the people 
     of ______ and recovered by the United States', the blank 
     space being filled with the name of the foreign government 
     that is the target of corruption.
       ``(2) The total amount recovered by the United States on 
     behalf of the foreign people that is the target of corruption 
     at the time when such recovered funds are deposited into the 
     Department of Justice Asset Forfeiture Fund or the Department 
     of the Treasury Forfeiture Fund.
       ``(c) Updated Website.--The Attorney General shall update 
     the website of the Department of Justice to include an 
     accounting of any new property relating to foreign government 
     corruption that has been forfeited to the United States under 
     section 981 or 982

[[Page S7855]]

     not later than 14 days after such forfeiture, unless such 
     update would compromise an ongoing law enforcement 
     investigation.''.
       (2) Clerical amendment.--The table of sections for chapter 
     46 of title 18, United States Code, is amended by adding at 
     the end the following:

``988. Accounting of certain forfeited property.''.
       (b) Sense of Congress.--It is the sense of Congress that 
     recovered assets be returned for the benefit of the people 
     harmed by the corruption under conditions that reasonably 
     ensure the transparent and effective use, administration, and 
     monitoring of returned proceeds.
                                 ______
                                 
  SA 4297. Mr. BLUMENTHAL (for himself and Ms. Klobuchar) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1064. DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS 
                   AFFAIRS JOINT REPORT ON CONSTRUCTION OF NEW 
                   NATIONAL CEMETERY AND ELIGIBILITY STANDARDS FOR 
                   ARLINGTON NATIONAL CEMETERY.

       (a) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense and the 
     Secretary of Veterans Affairs shall jointly submit to 
     Congress a report that includes--
       (1) a proposal for the construction of a new national 
     cemetery to be--
       (A) capable of providing full military honors; and
       (B) administered by the Department of Veterans Affairs; and
       (2) the assessment of the Secretary of Defense with respect 
     to any revisions that should be made to the revised criteria 
     for interment at Arlington National Cemetery prescribed 
     pursuant to section 598 of the John S. McCain National 
     Defense Authorization Act for Fiscal Year 2019 (Public Law 
     115-232; 38 U.S.C. 2402 note) to ensure such criteria 
     recognize exceptional service and honors.
       (b) Limitation on Revisions to Criteria.--The Secretary of 
     Defense may not make any revisions to the revised internment 
     criteria described in paragraph (2) of subsection (a) until 
     the Secretary has submitted the report required under such 
     subsection.
                                 ______
                                 
  SA 4298. Mr. BLUMENTHAL (for himself 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 XII, insert the 
     following:

     SEC. 1216. SUPPORT FOR NATIONALS OF AFGHANISTAN WHO ARE 
                   APPLICANTS FOR SPECIAL IMMIGRANT VISAS OR FOR 
                   REFERRAL TO THE UNITED STATES REFUGEE 
                   ADMISSIONS PROGRAM.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should increase support for nationals of 
     Afghanistan who aided the United States mission in 
     Afghanistan during the past 20 years and are now under threat 
     from the Taliban, specifically such nationals of Afghanistan, 
     in Afghanistan or third countries, who are applicants for--
       (1) special immigrant visas under the Afghan Allies 
     Protection Act of 2009 (8 U.S.C. 1101 note; Public Law 111-8) 
     or section 1059 of the National Defense Authorization Act for 
     Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-163); or
       (2) referral to the United States Refugee Admissions 
     Program as refugees (as defined in section 101(a)(42) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(42))), 
     including as Priority 2 refugees.
       (b) Support for Nationals of Afghanistan.--The Secretary of 
     State, in coordination with the Secretary of Homeland 
     Security and the heads of other relevant Federal departments 
     and agencies, shall--
       (1) prioritize for evacuation from Afghanistan nationals of 
     Afghanistan described in subsection (a);
       (2) facilitate the rapid departure from Afghanistan of such 
     nationals of Afghanistan by air charter and land passage;
       (3) provide letters of support, diplomatic notes, and other 
     documentation, as appropriate, to ease transit for such 
     nationals of Afghanistan;
       (4) engage governments of relevant countries to better 
     facilitate evacuation of such nationals of Afghanistan;
       (5) disseminate frequent updates to such nationals of 
     Afghanistan and relevant nongovernmental organizations with 
     respect to evacuation from Afghanistan;
       (6) identify or establish sufficient locations outside 
     Afghanistan that will accept such nationals of Afghanistan 
     during application processing; and
       (7) increase capacity to better support such nationals of 
     Afghanistan and reduce their application processing times, 
     while ensuring strict and necessary security vetting, 
     including, to the extent practicable, by allowing such 
     nationals of Afghanistan to receive referrals to the United 
     States Refugee Admissions Program while they are still in 
     Afghanistan so as to initiate application processing more 
     expeditiously.
       (c) Strategy.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     coordination with the Secretary of Homeland Security and the 
     heads of other relevant Federal departments and agencies, 
     shall submit to the appropriate committees of Congress a 
     strategy for the safe processing abroad of nationals of 
     Afghanistan described in subsection (a).
       (2) Elements.--The strategy required by paragraph (1) shall 
     include steps to be taken by the United States Government to 
     fulfill each requirement under subsection (b).
       (3) Form.--The strategy required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (d) Monthly Report.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, and monthly thereafter until 
     December 31, 2022, the Secretary of State, in coordination 
     with the Secretary of Homeland Security and the heads of 
     other relevant Federal departments and agencies, shall submit 
     to the appropriate committees of Congress a report on efforts 
     to support nationals of Afghanistan described in subsection 
     (a).
       (2) Elements.--Each report required by paragraph (1) shall 
     include the following:
       (A) The number of nationals of Afghanistan referred to the 
     United States Refugee Admissions Program as Priority 1 and 
     Priority 2 refugees since August 29, 2021.
       (B) An assessment of whether each such refugee--
       (i) remains in Afghanistan; or
       (ii) is outside Afghanistan.
       (C) With respect to nationals of Afghanistan who have 
     applied for referral to the United States Refugee Program, 
     the number applications that--
       (i) have been approved;
       (ii) have been denied; and
       (iii) are pending adjudication.
       (D) The number of nationals of Afghanistan who have pending 
     applications for special immigrant visas described in 
     subsection (a)(1), disaggregated by the special immigrant 
     visa processing steps completed with respect to such 
     individuals.
       (E) A description of the measures taken to implement the 
     strategy under subsection (c).
       (3) Form.--Each report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (e) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Foreign Relations, the Committee on 
     the Judiciary, the Committee on Homeland Security and 
     Governmental Affairs; and the Committee on Armed Services of 
     the Senate; and
       (2) the Committee on Foreign Affairs, the Committee on the 
     Judiciary, the Committee on Homeland Security, and the 
     Committee on Armed Services of the House of Representatives.
                                 ______
                                 
  SA 4299. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

     SEC. __. POSSE COMITATUS.

       Section 1385 of title 18, United States Code, is amended--
       (1) by striking ``Whoever'' and inserting ``(a) Whoever'';
       (2) by striking ``the Army or the Air Force'' and inserting 
     ``an Armed Force under the jurisdiction of the Secretary of a 
     military department (as those terms are defined in section 
     101 of title 10)''; and
       (3) by adding at the end the following:
       ``(b) Notwithstanding any other provision of law, any 
     evidence obtained by or with the assistance of a member of 
     the Armed Forces in violation of subsection (a) shall not be 
     received in evidence in any trial, hearing, or other 
     proceeding in or before any court, grand jury, department, 
     officer, agency, regulatory body, legislative committee, or 
     other authority of the United States, a State, or a political 
     subdivision thereof.''.
                                 ______
                                 
  SA 4300. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be

[[Page S7856]]

proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to 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. REQUIREMENT OF CONSENT OF THE CHIEF EXECUTIVE 
                   OFFICER FOR CERTAIN FULL-TIME NATIONAL GUARD 
                   DUTY PERFORMED IN A STATE, TERRITORY, OR THE 
                   DISTRICT OF COLUMBIA.

       Section 502(f)(2)(A) of title 32, United States Code, is 
     amended by inserting ``and performed inside the United States 
     with the consent of the chief executive officer of the State 
     (as that term is defined in section 901 of this title)'' 
     after ``Defense''.
                                 ______
                                 
  SA 4301. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 844. PILOT PROGRAM ON DEFENSE INNOVATION OPEN TOPICS.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary of Defense, in 
     coordination with the Under Secretary of Defense for Research 
     and Engineering, the Secretary of the Air Force, Secretary of 
     the Army, and the Secretary of the Navy, shall establish 
     defense innovation open topic activities using the Small 
     Business Innovation Research Program in order to--
       (1) increase the transition of commercial technology to the 
     Department of Defense;
       (2) expand the small business nontraditional defense 
     industrial base;
       (3) increase commercialization derived from defense 
     investments;
       (4) increase diversity and participation among self-
     certified small-disadvantaged businesses, minority-owned 
     businesses, and disabled veteran-owned businesses; and
       (5) expand the ability for qualifying small businesses to 
     propose technology solutions to meet defense needs.
       (b) Frequency.--The Department of Defense and the military 
     services shall conduct not less than one open topic 
     announcement per fiscal year.
       (c) Briefing.--Not later than 180 days after the date of 
     teh enactment of this Act, the Secretary of Defense shall 
     provide the congressional defense committees a briefing on 
     the establishment of the program required by subsection (a).
       (d) Termination.--The pilot program authorized in 
     subsection (a) shall terminate on October 1, 2025.
                                 ______
                                 
  SA 4302. Mr. BLUMENTHAL (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. ___. ACQUISITION STRATEGY TO MODERNIZE THE JOINT STRIKE 
                   FIGHTER PROPULSION SYSTEM.

       (a) In General.--Not later than 14 days after the date on 
     which the budget of the President for fiscal year 2023 is 
     submitted to Congress pursuant to section 1105 of title 31, 
     United States Code, the Under Secretary of Defense for 
     Acquisition and Sustainment shall submit to the congressional 
     defense committees a report on the modernization of the F135 
     propulsion system or the integration of the Adaptive Engine 
     Transition Program propulsion system into the Joint Strike 
     Fighter (JSF).
       (b) Elements.--The report required under subsection (a) 
     shall include the following:
       (1) A cost benefit analysis of--
       (A) integrating the Adaptive Engine Transition Program 
     propulsion system into each of the JSF aircraft variants;
       (B) modernizing or upgrading the existing F135 propulsion 
     system on each of the JSF variants;
       (C) future associated infrastructure and sustainment costs 
     of the modernized engine;
       (D) cost savings associated with variant and Partner 
     commonality; and
       (E) assess all activities and costs to retrofit and sustain 
     all JSF with a modernized propulsion system.
       (2) An implementation plan to implement such strategy.
       (3) A schedule annotating pertinent milestones and yearly 
     fiscal resource requirements for the implementation of a 
     modernized JSF propulsion system.
                                 ______
                                 
  SA 4303. Mr. SCHATZ (for himself and Ms. Hirono) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. BROADBAND DEFENSE FUND.

       (a) Definitions.--In this section:
       (1) Administration.--The term ``Administration'' means the 
     National Telecommunications Information Administration.
       (2) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (3) State.--The term ``State'' means a State of the United 
     States and the District of Columbia.
       (4) Submarine cable landing station.--The term ``submarine 
     cable landing station'' means a cable landing station, as 
     that term is used in section 1.767(a)(5) of title 47, Code of 
     Federal Regulations (or any successor regulation), that can 
     be utilized to land a submarine cable by an entity that has 
     obtained a license under the first section of the Act 
     entitled ``An Act relating to the landing and operation of 
     submarine cables in the United States'', approved May 27, 
     1921 (47 U.S.C. 34) (commonly known as the ``Cable Landing 
     Licensing Act'').
       (5) Team telecom.--The term ``Team Telecom'' means the 
     interagency working committee of the Federal Communications 
     Commission, the Department of Defense, the Department of 
     Homeland Security, and the Department of Justice, as 
     described in the Report and Order of the Federal 
     Communications Commission issued on October 1, 2020 entitled 
     ``Process Reform for Executive Branch Review of Certain FCC 
     Applications and Petitions Involving Foreign Ownership''.
       (6) Transport capacity.--The term ``transport capacity''--
       (A) means broadband transmission capability that does not 
     predominantly serve end users or the last mile of the 
     transmission network; and
       (B) may include interoffice transport, backhaul, Internet 
     connectivity, middle mile, or long-haul service used for 
     transport of broadband data between network locations other 
     than end-user premises or devices.
       (b) Broadband Defense Fund.--
       (1) NTIA administration.--Not later than 1 year after the 
     date on which amounts are made available under paragraph (1), 
     the Administration shall establish the Broadband Defense Fund 
     to provide--
       (A) transport capacity in or to connect to States where the 
     headquarters of the United States Indo-Pacific Command are 
     located; and
       (B) open access carrier neutral submarine cable landing 
     stations in States where the headquarters of the United 
     States Indo-Pacific Command are located.
       (2) Award of support.--The Administration shall establish a 
     process to award amounts from the Broadband Defense Fund 
     under this section in accordance with the following 
     requirements:
       (A) Support shall be awarded only for deployment, 
     maintenance, and operation of transport broadband capacity, 
     in locations or on routes that are not supported or expected 
     to be supported under any other of the high-cost universal 
     service support programs of the Federal Communications 
     Commission.
       (B) The Administration shall establish criteria for 
     awarding support in a manner consistent with this section, 
     including supporting the broadband needs of the United States 
     Indo-Pacific Command and the surrounding communities.
       (3) Obligations of fund recipients.--
       (A) In general.--The Administration shall ensure that each 
     recipient of amounts from the Broadband Defense Fund is 
     legally, technically, and financially qualified to complete 
     the required broadband deployment within the term of support.
       (B) Access.--Recipients of amounts from the Broadband 
     Defense Fund shall provide carrier-neutral wholesale access 
     to landing spots and transport capacity supported by the 
     Fund--
       (i) on just, reasonable, affordable, and reasonably non-
     discriminatory terms, as determined by rules issued by the 
     Administration; and
       (ii) at rates no higher than the national average wholesale 
     price of comparable wholesale telecommunications transport 
     services, as determined by the Administration.
       (C) Vender vetting.--Any grant, subgrant, or contract 
     awarded using amounts from the Broadband Defense Fund 
     relating to a submarine cable landing station or undersea 
     transport capacity activity may only be

[[Page S7857]]

     awarded to a vendor that has been vetted and approved by Team 
     Telecom.
       (4) Appropriations.--The Broadband Defense Fund shall 
     consist of amounts appropriated to the Broadband Defense Fund 
     by an Act of Congress.
                                 ______
                                 
  SA 4304. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 844. ENTREPRENEURIAL INNOVATION PROJECT DESIGNATIONS.

       (a) In General.--
       (1) Designating certain sbir and sttr programs as 
     entrepreneurial innovation projects.--Chapter 139 of title 
     10, United States Code, is amended by inserting after section 
     2359b the following new section:

     ``Sec. 2359c Entrepreneurial Innovation Project designations

       ``(a) In General.--During the first fiscal year beginning 
     after the date of the enactment of this section, and during 
     each subsequent fiscal year, each Secretary concerned, in 
     consultation with the each chief of an armed force under the 
     jurisdiction of the Secretary concerned, shall designate not 
     less than five eligible programs as Entrepreneurial 
     Innovation Projects.
       ``(b) Application.--An eligible program seeking designation 
     as an Entrepreneurial Innovation Project under this section 
     shall submit to the Secretary concerned an application at 
     such time, in such manner, and containing such information as 
     the Secretary concerned determines appropriate.
       ``(c) Designation Criteria.--In making designations under 
     subsection (a), the Secretary concerned shall consider--
       ``(1) the potential of the eligible program to--
       ``(A) advance the national security capabilities of the 
     United States;
       ``(B) provide new technologies or processes, or new 
     applications of existing technologies, that will enable new 
     alternatives to existing programs; and
       ``(C) provide future cost savings;
       ``(2) whether an advisory panel has recommended the 
     eligible program for designation; and
       ``(3) such other criteria that the Secretary concerned 
     determines to be appropriate.
       ``(d) Designation Benefits.--
       ``(1) Future years defense program inclusion.--With respect 
     to each designated program, the Secretary of Defense shall 
     include in the next future-years defense program the 
     estimated expenditures of such designated program. In the 
     preceding sentence, the term `next future-years defense 
     program' means the future-years defense program submitted to 
     Congress under section 221 of this title after the date on 
     which such designated program is designated under subsection 
     (a).
       ``(2) Programming proposal.--Each designated program shall 
     be included by the Secretary concerned under a separate 
     heading in any programming proposals submitted to the 
     Secretary of Defense.
       ``(3) PPBE component.--Each designated program shall be 
     considered by the Secretary concerned as an integral part of 
     the planning, programming, budgeting, and execution process 
     of the Department of Defense.
       ``(e) Entrepreneurial Innovation Advisory Panels.--
       ``(1) Establishment.--For each military department, the 
     Secretary concerned shall establish an advisory panel that, 
     starting in the first fiscal year beginning after the date of 
     the enactment of this section, and in each subsequent fiscal 
     year, shall identify and recommend to the Secretary concerned 
     for designation under subsection (a) eligible programs based 
     on the criteria described in subsection (c)(1).
       ``(2) Membership.--
       ``(A) Composition.--
       ``(i) In general.--Each advisory panel shall be composed of 
     four members appointed by the Secretary concerned and one 
     member appointed by the chief of the relevant armed force 
     under the jurisdiction of the Secretary concerned.
       ``(ii) Secretary concerned appointments.--The Secretary 
     concerned shall appoint members to the advisory panel as 
     follows:

       ``(I) Three members who--

       ``(aa) have experience with private sector entrepreneurial 
     innovation, including development and implementation of such 
     innovations into well established markets; and
       ``(bb) are not employed by the Federal Government.

       ``(II) One member who is in the Senior Executive Service in 
     the acquisition workforce (as defined in section 1705 of this 
     title) of the relevant military department.

       ``(iii) Service chief appointment.--The chief of an armed 
     force under the jurisdiction of the Secretary concerned shall 
     appoint to the advisory panel one member who is a member of 
     such armed forces.
       ``(B) Terms.--
       ``(i) Private sector members.--Members described in 
     subparagraph (A)(ii)(I) shall serve for a term of three 
     years, except that of the members first appointed--

       ``(I) one shall serve a term of one year;
       ``(II) one shall serve a term of two years; and
       ``(III) one shall serve a term of three years.

       ``(ii) Federal government employees.--Members described in 
     clause (ii)(II) or (iii) of subparagraph (A) shall serve for 
     a term of two years, except that the first member appointed 
     under subparagraph (A)(iii) shall serve for a term of one 
     year.
       ``(C) Chair.--The chair for each advisory panel shall be as 
     follows:
       ``(i) For the first year of operation of each such advisory 
     panel, and every other year thereafter, the member appointed 
     under subparagraph (A)(iii).
       ``(ii) For the second year of operation of each such 
     advisory panel, and every other year thereafter, the member 
     appointed under subparagraph (A)(ii)(II).
       ``(D) Vacancies.--A vacancy in an advisory panel shall be 
     filled in the same manner as the original appointment.
       ``(E) Conflict of interest.--Members and staff of each 
     advisory panel shall disclose to the relevant Secretary 
     concerned, and such Secretary concerned shall mitigate to the 
     extent practicable, any professional or organizational 
     conflict of interest of such members or staff arising from 
     service on the advisory panel.
       ``(F) Compensation.--
       ``(i) Private sector member compensation.--Except as 
     provided in clause (ii), members of an advisory panel, and 
     the support staff of such members, shall be compensated at a 
     rate determined reasonable by the Secretary concerned and 
     shall be reimbursed in accordance with section 5703 of title 
     5 for reasonable travel costs and expenses incurred in 
     performing duties as members of an advisory panel.
       ``(ii) Prohibition on compensation of federal employees.--
     Members of an advisory panel who are full-time officers or 
     employees of the United States or Members of Congress may not 
     receive additional pay, allowances, or benefits by reason of 
     their service on an advisory panel.
       ``(3) Selection process.--
       ``(A) Initial selection.--Each advisory panel shall select 
     not less than ten eligible programs that have submitted an 
     application under subsection (b).
       ``(B) Program plans.--
       ``(i) In general.--Each eligible program selected under 
     subparagraph (A) may submit to the advisory panel that 
     selected such eligible program a program plan containing the 
     five-year goals, execution plans, schedules, and funding 
     needs of such eligible program.
       ``(ii) Support.--Each Secretary concerned shall, to the 
     greatest extent practicable, provide eligible programs 
     selected under subparagraph (A) with access to information to 
     support the development of the program plans described in 
     clause (i).
       ``(C) Final selection.--Each advisory panel shall recommend 
     to the Secretary concerned for designation under subsection 
     (a) not less than five eligible programs that submitted a 
     program plan under subparagraph (B) to such advisory panel. 
     If there are less than five such eligible programs, such 
     advisory panel may recommend to the Secretary concerned for 
     designation under subsection (a) less than five such eligible 
     programs.
       ``(4) Administrative and technical support.--The Secretary 
     concerned shall provide the relevant advisory panel with such 
     administrative support, staff, and technical assistance as 
     the Secretary concerned determines necessary for such 
     advisory panel to carry out it duties.
       ``(5) Funding.--The Secretary of Defense may use amounts 
     available from the Department of Defense Acquisition 
     Workforce Development Account established under section 1705 
     of this title to support the activities of advisory panels.
       ``(6) Inapplicability of faca.--The Federal Advisory 
     Committee Act (5 U.S.C. App) shall not apply to the advisory 
     panels established under this subsection.
       ``(f) Revocation of Designation.--If the Secretary 
     concerned determines that a designated program cannot 
     reasonably meet the objectives of such designated program in 
     the relevant programming proposal referred to in subsection 
     (d)(2) or such objectives are irrelevant, such Secretary 
     concerned may revoke the designation.
       ``(g) Report to Congress.--The Secretary of Defense shall 
     submit to Congress an annual report describing each 
     designated program and the progress each designated program 
     has made toward achieving the objectives of the designated 
     program.
       ``(h) Definitions.--In this section:
       ``(1) Advisory panel.--The term `advisory panel' means an 
     advisory panel established under subsection (e)(1).
       ``(2) Designated program.--The term `designated program' 
     means an eligible program that has been designated as an 
     Entrepreneurial Innovation Project under this section.
       ``(3) Eligible program.--The term `eligible program' means 
     work performed pursuant to a Phase III agreement (as such 
     term is defined in section 9(r)(2) of the Small Business Act 
     (15 U.S.C. 638(r)(2))).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 139 of title 10, United States Code, is 
     amended by inserting after the item related to section 2359b 
     the following new item:


[[Page S7858]]


``2359c. Entrepreneurial Innovation Project designations.''.
       (b) Establishment Deadline.--Not later than 120 days after 
     the date of the enactment of this Act, the Secretaries of 
     each military department shall establish the advisory panels 
     described in section 2359c(e) of title 10, United States 
     Code, as added by subsection (a).
       (c) Future Transfer.--
       (1) Transfer and redesignation.--Section 2359c of title 10, 
     United States Code, as added by subsection (a), is 
     transferred to chapter 303 of such title, added after section 
     4066, as transferred and redesignated by section 1842(b) of 
     the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (Public Law 116-283), 
     and redesignated as section 4067.
       (2) Clerical amendments.--
       (A) Target chapter table of sections.--The table of 
     sections at the beginning of chapter 303 of title 10, United 
     States Code, as added by section 1842(a) of the William M. 
     (Mac) Thornberry National Defense Authorization Act for 
     Fiscal Year 2021 (Public Law 116-283), is amended by 
     inserting after the item related to section 4066 the 
     following new item:

``4067. Entrepreneurial Innovation Project designations.''.
       (B) Origin chapter table of sections.--The table of 
     sections at the beginning of chapter 139 of title 10, United 
     States Code, is amended by striking the item relating to 
     section 2359c.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on January 1, 2022.
       (4) References; saving provision; rule of construction.--
     Sections 1883 through 1885 of the William M. (Mac) Thornberry 
     National Defense Authorization Act for Fiscal Year 2021 
     (Public Law 116-283) shall apply with respect to the 
     amendments made under this subsection as if such amendments 
     were made under title XVIII of such Act.
                                 ______
                                 
  SA 4305. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. ACQUISITION STRATEGY TO MODERNIZE THE JOINT STRIKE 
                   FIGHTER PROPULSION SYSTEM.

       (a) In General.--Not later than 14 days after the date on 
     which the budget of the President for fiscal year 2023 is 
     submitted to Congress pursuant to section 1105 of title 31, 
     United States Code, the Under Secretary of Defense for 
     Acquisition and Sustainment shall submit to the congressional 
     defense committees a report on the modernization of the F135 
     propulsion system or the integration of the Adaptive Engine 
     Transition Program propulsion system into the Joint Strike 
     Fighter (JSF).
       (b) Elements.--The report required under subsection (a) 
     shall include the following:
       (1) A cost benefit analysis of--
       (A) integrating the Adaptive Engine Transition Program 
     propulsion system into each of the JSF aircraft variants;
       (B) modernizing or upgrading the existing F135 propulsion 
     system on each of the JSF variants;
       (C) future associated infrastructure and sustainment costs 
     of the modernized engine;
       (D) cost savings associated with variant and Partner 
     commonality; and
       (E) assess all activities and costs to retrofit and sustain 
     all JSF with a modernized propulsion system.
       (2) An implementation plan to implement such strategy.
       (3) A schedule annotating pertinent milestones and yearly 
     fiscal resource requirements for the implementation of a 
     modernized JSF propulsion system.
                                 ______
                                 
  SA 4306. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 356. RESTRICTION ON PROCUREMENT OR PURCHASING BY 
                   DEPARTMENT OF DEFENSE OF CERTAIN ITEMS 
                   CONTAINING PERFLUOROALKYL SUBSTANCES AND 
                   POLYFLUOROALKYL SUBSTANCES.

       (a) Prohibition on Procurement and Purchasing.--The 
     Secretary of Defense may not procure or purchase any covered 
     item for use in a child development center if such item 
     contains an intentionally added perfluoroalkyl substance or 
     polyfluoroalkyl substance.
       (b) Implementation.--
       (1) Inclusion in contracts.--The Secretary shall include 
     the prohibition under subsection (a) in any contracts to 
     procure covered items for use in child development centers.
       (2) No requirement for testing.--The Secretary shall not 
     have an obligation to test covered items procured for use in 
     child development centers to confirm the absence of 
     perfluoroalkyl substances or polyfluoroalkyl substances.
       (c) Definitions.--In this section:
       (1) Covered item.--The term ``covered item'' means--
       (A) nonstick cookware or cooking utensils for use in 
     kitchen or dining facilities;
       (B) upholstered furniture, carpets, and rugs;
       (C) food packaging materials;
       (D) furniture or floor waxes;
       (E) mattresses, nap mats or cots, and bedding materials; 
     and
       (F) cleaning products.
       (2) Perfluoroalkyl substance.--The term ``perfluoroalkyl 
     substance'' means a man-made chemical of which all of the 
     carbon atoms are fully fluorinated carbon atoms.
       (3) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl 
     substance'' means a man-made chemical containing at least one 
     fully fluorinated carbon atom and at least one non-fully 
     fluorinated carbon atom.
       (d) Effective Date.--This section shall take effect on the 
     date that is one year after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 4307. Mrs. SHAHEEN submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

       Section 1224 of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1642) is 
     amended--
        (a) by striking subsection (a);
       (b) by amending subsection (b) to read as follows:
       ``(a) Designation.--
       ``(1) In general.--The President, in consultation with the 
     Secretary of Defense, the Secretary of State, the Director of 
     National Intelligence, the Secretary of the Treasury, the 
     Administrator of the United States Agency for International 
     Development, and the Attorney General, shall designate an 
     existing official to serve within the executive branch as 
     senior-level coordinator to coordinate, in conjunction with 
     other relevant agencies, all matters related to ISIS members 
     who are in the custody of the Syrian Democratic Forces and 
     other relevant displaced populations in Syria, including--
       ``(A) the long-term disposition of such individuals, 
     including in all matters related to--
       ``(i) repatriation, transfer, prosecution, and 
     intelligence-gathering;
       ``(ii) all multilateral and international engagements led 
     by the Department of State and other agencies that are 
     related to the current and future handling, detention, and 
     prosecution of such ISIS members, including such engagements 
     with the International Criminal Police Organization; and
       ``(iii) the coordination of the provision of technical and 
     evidentiary assistance to foreign countries to aid in the 
     successful prosecution of such ISIS members, as appropriate, 
     in accordance with international humanitarian law and other 
     internationally recognized human rights and rule of law 
     standards;
       ``(B) all multilateral and international engagements 
     related to humanitarian access and provision of basic 
     services to, and freedom of movement and security and safe 
     return of, internally displaced persons and refugees at camps 
     or facilities in Syria that hold family members of such ISIS 
     members;
       ``(C) coordination with relevant agencies on matters 
     described in this section; and
       ``(D) any other matter the Secretary of State considers 
     relevant.
       ``(2) Rule of construction.--If, on the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2022, an individual has already been designated, 
     consistent with the requirements and responsibilities 
     described in paragraph (1), the requirements under that 
     paragraph shall be considered to be satisfied with respect to 
     such individual until the date on which such individual no 
     longer serves as the Coordinator.'';
       (c) in subsection (c), by striking ``subsection (b)'' and 
     inserting ``subsection (a)'';
       (d) by amending subsection (d) to read as follows:
       ``(d) Annual Report.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of this Act, and not less frequently than 
     once each year

[[Page S7859]]

     thereafter through January 31, 2024, the Coordinator, in 
     coordination with the relevant agencies, shall submit to the 
     appropriate committees of Congress a detailed report that 
     includes the following:
       ``(A) A detailed description of the facilities where 
     detained ISIS members are being held, including security and 
     management of such facilities and adherence to international 
     humanitarian law standards.
       ``(B) A description of all multilateral and international 
     engagements related to humanitarian access and provision of 
     basic services to, and freedom of movement and security and 
     safe return of, internally displaced persons and refugees at 
     camps or facilities in Iraq, Syria, and any other area 
     affected by ISIS activity, including a description of--
       ``(i) support for efforts by the Syrian Democratic Forces' 
     to facilitate the return of refugees from Iraq and Syria;
       ``(ii) repatriation efforts with respect to displaced women 
     and children;
       ``(iii) any current or future potential threat to United 
     States national security interests posed by detained ISIS 
     members, including an analysis of the Al-Hol camp and 
     annexes; and
       ``(iv) United States Government plans and strategies to 
     respond to any threat identified under clause (iii).
       ``(C) An analysis of all United States efforts to prosecute 
     detained ISIS members and the outcomes of such efforts. Any 
     information, the disclosure of which may violate Department 
     of Justice policy or law, relating to a prosecution or 
     investigation may be withheld from a report under this 
     subsection.
       ``(D) A detailed description of any option to expedite 
     prosecution of any detained ISIS member, including in a court 
     of competent jurisdiction outside of the United States.
       ``(E) An analysis of factors on the ground in Syria and 
     Iraq that may result in the unintended release of detained 
     ISIS members, and an assessment of any measures available to 
     mitigate such releases.
       ``(F) A detailed description of efforts to coordinate the 
     disposition and security of detained ISIS members with other 
     countries and international organizations, including the 
     International Criminal Police Organization, to ensure secure 
     chains of custody and locations of such ISIS members.
       ``(G) An analysis of the manner in which the United States 
     Government communicates on such proposals and efforts to the 
     families of United States citizens believed to be a victim of 
     a criminal act by a detained ISIS member.
       ``(H) An analysis of all efforts between the United States 
     and partner countries within the Global Coalition to Defeat 
     ISIS or other countries to share intelligence or evidence 
     that may aid in the prosecution of ISIS members, and any 
     legal obstacles that may hinder such efforts.
       ``(I) Any other matter the Coordinator considers 
     appropriate.
       ``(2) Form.--The report under paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.'';
       (e) in subsection (e), by striking ``January 31, 2021'' and 
     inserting ``January 31, 2024'';
       (f) in subsection (f)--
       (1) by redesignating paragraph (2) as paragraph (3);
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) Coordinator.--The term `Coordinator' means the 
     individual designated under subsection (a).''; and
       (3) by adding at the end the following new paragraph:
       ``(4) Relevant agencies.--The term `relevant agencies' 
     means--
       ``(A) the Department of State;
       ``(B) the Department of Defense;
       ``(C) the Department of the Treasury;
       ``(D) the Department of Justice;
       ``(E) the United States Agency for International 
     Development;
       ``(F) the Office of the Director of National Intelligence; 
     and
       ``(G) any other agency the President considers relevant.''; 
     and
       (g) by redesignating subsections (c) through (f) as 
     subsections (b) through (e), respectively.
                                 ______
                                 
  SA 4308. Mrs. BLACKBURN (for herself and Mr. Tillis) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 376. BRIEFING ON SPENDING RELATING TO DIVERSITY, EQUITY, 
                   AND INCLUSION INITIATIVES OF DEPARTMENT OF 
                   DEFENSE.

       The Under Secretary of Defense (Comptroller), with the 
     submission of the annual budget of the Department of Defense 
     submitted by the President under section 1105(a) of title 31, 
     United States Code, for fiscal year 2023, shall brief the 
     congressional defense committees on--
       (1) all spending planned to implement guidance or 
     recommendations from the workforce council of the Deputy 
     Secretary of Defense, including the activities specified in 
     the memorandum of the Deputy Secretary of Defense dated March 
     11, 2021;
       (2) all spending planned to implement guidance or 
     recommendations from the Countering Extremism Working Group 
     of the Department; and
       (3) a financial accounting of planned expenditures for the 
     implementation of paragraphs (1) or (2), including--
       (A) amounts requested for appropriation for operation and 
     maintenance for the Department for full-time equivalent 
     employees for such implementation; and
       (B) amounts requested for appropriation for military 
     personnel for the Department for man hours of members of the 
     Armed Forces for such implementation.
                                 ______
                                 
  SA 4309. Mr. SCOTT of Florida (for himself and Ms. Sinema) submitted 
an amendment intended to be proposed to amendment SA 3867 submitted by 
Mr. Reed and intended to be proposed to the bill H.R. 4350, to 
authorize appropriations for fiscal year 2022 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1064. EXTENSION OF CUSTOMS WATERS OF THE UNITED STATES.

       (a) Tariff Act of 1930.--Section 401(j) of the Tariff Act 
     of 1930 (19 U.S.C. 1401(j)) is amended--
       (1) by striking ``means, in the case'' and inserting the 
     following: ``means--
       ``(1) in the case'';
       (2) by striking ``of the coast of the United States'' and 
     inserting ``from the baselines of the United States 
     (determined in accordance with international law)'';
       (3) by striking ``and, in the case'' and inserting the 
     following: ``; and
       ``(2) in the case'';
       (4) by striking ``the waters within four leagues of the 
     coast of the United States.'' and inserting the following: 
     ``the waters within--
       ``(A) the territorial sea of the United States, to the 
     limits permitted by international law in accordance with 
     Presidential Proclamation 5928 of December 27, 1988; and
       ``(B) the contiguous zone of the United States, to the 
     limits permitted by international law in accordance with 
     Presidential Proclamation 7219 of September 2, 1999.''.
       (b) Anti-Smuggling Act.--Section 401(c) of the Anti-
     Smuggling Act (19 U.S.C. 1709(c)) is amended--
       (1) by striking ``means, in the case'' and inserting the 
     following: ``means--
       ``(1) in the case'';
       (2) by striking ``of the coast of the United States'' and 
     inserting ``from the baselines of the United States 
     (determined in accordance with international law)'';
       (3) by striking ``and, in the case'' and inserting the 
     following: ``; and
       ``(2) in the case'';
       (4) by striking ``the waters within four leagues of the 
     coast of the United States.'' and inserting the following: 
     ``the waters within--
       ``(A) the territorial sea of the United States, to the 
     limits permitted by international law in accordance with 
     Presidential Proclamation 5928 of December 27, 1988; and
       ``(B) the contiguous zone of the United States, to the 
     limits permitted by international law in accordance with 
     Presidential Proclamation 7219 of September 2, 1999.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the day after the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 4310. Mr. BURR (for himself and Mr. Tillis) submitted an amendment 
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and 
intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 10__. LUMBEE TRIBE OF NORTH CAROLINA RECOGNITION.

       The Act of June 7, 1956 (70 Stat. 254, chapter 375), is 
     amended--
       (1) by striking section 2;
       (2) in the first sentence of the first section, by striking 
     ``That the Indians'' and inserting the following:

     ``SEC. 3. DESIGNATION OF LUMBEE INDIANS.

       ``The Indians'';
       (3) in the preamble--
       (A) by inserting before the first undesignated clause the 
     following:

     ``SECTION 1. FINDINGS.

       ``Congress finds that--'';
       (B) by designating the undesignated clauses as paragraphs 
     (1) through (4), respectively, and indenting appropriately;

[[Page S7860]]

       (C) by striking ``Whereas'' each place it appears;
       (D) by striking ``and'' after the semicolon at the end of 
     each of paragraphs (1) and (2) (as so designated); and
       (E) in paragraph (4) (as so designated), by striking ``: 
     Now, therefore,'' and inserting a period;
       (4) by moving the enacting clause so as to appear before 
     section 1 (as so designated);
       (5) by striking the last sentence of section 3 (as 
     designated by paragraph (2));
       (6) by inserting before section 3 (as designated by 
     paragraph (2)) the following:

     ``SEC. 2. DEFINITIONS.

       ``In this Act:
       ``(1) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.
       ``(2) Tribe.--The term `Tribe' means the Lumbee Tribe of 
     North Carolina or the Lumbee Indians of North Carolina.''; 
     and
       (7) by adding at the end the following:

     ``SEC. 4. FEDERAL RECOGNITION.

       ``(a) In General.--Federal recognition is extended to the 
     Tribe (as designated as petitioner number 65 by the Office of 
     Federal Acknowledgment).
       ``(b) Applicability of Laws.--All laws and regulations of 
     the United States of general application to Indians and 
     Indian tribes shall apply to the Tribe and its members.
       ``(c) Petition for Acknowledgment.--Notwithstanding section 
     3, any group of Indians in Robeson and adjoining counties, 
     North Carolina, whose members are not enrolled in the Tribe 
     (as determined under section 5(d)) may petition under part 83 
     of title 25 of the Code of Federal Regulations for 
     acknowledgment of tribal existence.

     ``SEC. 5. ELIGIBILITY FOR FEDERAL SERVICES.

       ``(a) In General.--The Tribe and its members shall be 
     eligible for all services and benefits provided by the 
     Federal Government to federally recognized Indian tribes.
       ``(b) Service Area.--For the purpose of the delivery of 
     Federal services and benefits described in subsection (a), 
     those members of the Tribe residing in Robeson, Cumberland, 
     Hoke, and Scotland counties in North Carolina shall be deemed 
     to be residing on or near an Indian reservation.
       ``(c) Determination of Needs.--On verification by the 
     Secretary of a tribal roll under subsection (d), the 
     Secretary and the Secretary of Health and Human Services 
     shall--
       ``(1) develop, in consultation with the Tribe, a 
     determination of needs to provide the services for which 
     members of the Tribe are eligible; and
       ``(2) after the tribal roll is verified, each submit to 
     Congress a written statement of those needs.
       ``(d) Tribal Roll.--
       ``(1) In general.--For purpose of the delivery of Federal 
     services and benefits described in subsection (a), the tribal 
     roll in effect on the date of enactment of this section 
     shall, subject to verification by the Secretary, define the 
     service population of the Tribe.
       ``(2) Verification limitation and deadline.--The 
     verification by the Secretary under paragraph (1) shall--
       ``(A) be limited to confirming documentary proof of 
     compliance with the membership criteria set out in the 
     constitution of the Tribe adopted on November 16, 2001; and
       ``(B) be completed not later than 2 years after the 
     submission of a digitized roll with supporting documentary 
     proof by the Tribe to the Secretary.

     ``SEC. 6. AUTHORIZATION TO TAKE LAND INTO TRUST.

       ``(a) In General.--Notwithstanding any other provision of 
     law, the Secretary is hereby authorized to take land into 
     trust for the benefit of the Tribe.
       ``(b) Treatment of Certain Land.--An application to take 
     into trust land located within Robeson County, North 
     Carolina, under this section shall be treated by the 
     Secretary as an `on reservation' trust acquisition under part 
     151 of title 25, Code of Federal Regulations (or a successor 
     regulation).

     ``SEC. 7. JURISDICTION OF STATE OF NORTH CAROLINA.

       ``(a) In General.--With respect to land located within the 
     State of North Carolina that is owned by, or held in trust by 
     the United States for the benefit of, the Tribe, or any 
     dependent Indian community of the Tribe, the State of North 
     Carolina shall exercise jurisdiction over--
       ``(1) all criminal offenses that are committed; and
       ``(2) all civil actions that arise.
       ``(b) Transfer of Jurisdiction.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     may accept on behalf of the United States, after consulting 
     with the Attorney General of the United States, any transfer 
     by the State of North Carolina to the United States of any 
     portion of the jurisdiction of the State of North Carolina 
     described in subsection (a) over Indian country occupied by 
     the Tribe pursuant to an agreement between the Tribe and the 
     State of North Carolina.
       ``(2) Restriction.--A transfer of jurisdiction described in 
     paragraph (1) may not take effect until 2 years after the 
     effective date of the agreement described in that paragraph.
       ``(c) Effect.--Nothing in this section affects the 
     application of section 109 of the Indian Child Welfare Act of 
     1978 (25 U.S.C. 1919).

     ``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

     ``SEC. 9. SHORT TITLE.

       ``This Act may be cited as the `Lumbee Tribe of North 
     Carolina Recognition Act'.''.
                                 ______
                                 
  SA 4311. Ms. DUCKWORTH (for herself, Mr. Young, Mr. Heinrich, Mr. 
Bennet, Ms. Klobuchar, Ms. Rosen, Mrs. Feinstein, Mr. Peters, Mr. King, 
Mr. Kelly, Mr. Durbin, Mr. Blumenthal, Mrs. Gillibrand, Ms. Hirono, and 
Mrs. Shaheen) submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1216. AFGHANISTAN WAR COMMISSION ACT OF 2021.

       (a) Short Title.--This section may be cited as the 
     ``Afghanistan War Commission Act of 2021''
       (b) Definitions.--In this section:
       (1) Applicable period.--The term ``applicable period'' 
     means the period beginning June 1, 2001 and ending August 30, 
     2021.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional 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 Armed Services of the House of 
     Representatives;
       (E) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (F) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (3) Intelligence community.--The term ``intelligence 
     community'' has the meaning given that term in section 3(4) 
     of the National Security Act of 1947 (50 U.S.C. 3003(4)).
       (c) Establishment of Commission.--
       (1) Establishment.--There is established the Afghanistan 
     War Commission (in this section referred to as the 
     ``Commission'').
       (2) Membership.--
       (A) Composition.--The Commission shall be composed of 12 
     members of whom--
       (i) 1 shall be appointed by the Chairman of the Committee 
     on Armed Services of the Senate;
       (ii) 1 shall be appointed by the ranking member of the 
     Committee on Armed Services of the Senate;
       (iii) 1 shall be appointed by the Chairman of the Committee 
     on Armed Services of the House of Representatives;
       (iv) 1 shall be appointed by the ranking member of the 
     Committee on Armed Services of the House of Representatives;
       (v) 1 shall be appointed by the Chairman of the Committee 
     on Foreign Relations of the Senate;
       (vi) 1 shall be appointed by the ranking member of the 
     Committee on Foreign Relations of the Senate;
       (vii) 1 shall be appointed by the Chairman of the Committee 
     on Foreign Affairs of the House of Representatives;
       (viii) 1 shall be appointed by the ranking member of the 
     Committee on Foreign Affairs of the House of Representatives;
       (ix) 1 shall be appointed by the Chairman of the Select 
     Committee on Intelligence of the Senate;
       (x) 1 shall be appointed by the ranking member of the 
     Select Committee on Intelligence of the Senate.
       (xi) 1 shall be appointed by the Chairman of the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives; and
       (xii) 1 shall be appointed by the ranking member of the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
       (B) Qualifications.--It is the sense of Congress that each 
     member of the Commission appointed under subparagraph (A) 
     should have significant professional experience from a 
     position in--
       (i) the Department of Defense;
       (ii) the Department of State;
       (iii) the intelligence community;
       (iv) the United States Agency for International 
     Development; or
       (v) a relevant academic or scholarly institution.
       (C) Prohibitions.--A member of the Commission appointed 
     under subparagraph (A) may not--
       (i) be a current member of Congress or a former member of 
     Congress who served in Congress after January 3, 2001;
       (ii) have served in military or civilian positions having 
     significant operational or strategic decision-making 
     responsibilities for conducting United States Government 
     actions in Afghanistan during the applicable period; or
       (iii) have been a party to any United States or coalition 
     defense contract during the applicable period.
       (D) Date.--The appointments of the members of the 
     Commission shall be made not later than 60 days after the 
     date of enactment of this Act.

[[Page S7861]]

       (3) Period of appointment; vacancies.--
       (A) In general.--A member of the Commission shall be 
     appointed for the life of the Commission.
       (B) Vacancies.--A vacancy in the Commission--
       (i) shall not affect the powers of the Commission; and
       (ii) shall be filled in the same manner as the original 
     appointment.
       (4) Meetings.--
       (A) Initial meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold the first meeting of the 
     Commission.
       (B) Frequency.--The Commission shall meet at the call of 
     the Chairperson.
       (C) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (5) Chairperson and vice chairperson.--The Commission shall 
     select, by a simple majority vote, a Chairperson and a Vice 
     Chairperson from among the members of the Commission who 
     volunteer to perform such roles.
       (d) Purpose of Commission.-- The purpose of the Commission 
     is to examine the war in Afghanistan, create strategic and 
     grand strategic lessons learned, and develop recommendations 
     for the Government of the United States and future 
     policymakers and senior military decision makers in the 
     United States.
       (e) Duties of Commission.--
       (1) Study.--
       (A) In general.--The Commission shall conduct a thorough 
     study of all matters relating to combat operations, 
     reconstruction and security force assistance activities, 
     intelligence operations, and diplomatic activities of the 
     United States pertaining to the war in Afghanistan.
       (B) Matters studied.--The matters studied by the Commission 
     shall include--
       (i) the activities and actions of the United States in and 
     related to Afghanistan immediately prior to the attacks on 
     September 11, 2001, and during the initial invasion of 
     Afghanistan by the United States;
       (ii) the resurgence of the Taliban and other combatants 
     during the applicable period;
       (iii) the efficacy of the various military missions 
     conducted by United States and coalition forces, including 
     train, advise, and assist operations, security and stability 
     operations, and counter-narcotics and counter-terrorism 
     operations, and the extent to which such missions conflicted;
       (iv) peace negotiations involving the United States, the 
     Islamic Republic of Afghanistan, and the Taliban; and
       (v) the withdrawal of the United States military from 
     Afghanistan.
       (C) Contents.--The study required under subparagraph (A) 
     shall include the following elements:
       (i) An analysis of the political and strategic decisions 
     that influenced--

       (I) interactions of the Government of the United States 
     with the Government of Afghanistan;
       (II) the strategic objectives of the war, including how 
     such objectives changed, during the applicable period and the 
     extent to which such objectives furthered strategies by the 
     United States to terminate the war;
       (III) the number of members of the Armed Services in 
     Afghanistan during the applicable period;
       (IV) the command and control relationships of the Armed 
     Forces;
       (V) the integration of military forces with other 
     instruments of United States national power; and
       (VI) the metrics used for measuring and reporting progress 
     towards strategic objectives and the extent to which such 
     metrics were analytically effective or accurate.

       (ii) A statement addressing the military, diplomatic, and 
     intelligence interactions of the United States with Pakistan 
     during the applicable period, including any interactions 
     between Government of Pakistan and the Government of 
     Afghanistan or the Taliban.
       (iii) An examination of the participation in the war in 
     Afghanistan by member states of the North Atlantic Treaty 
     Organization.
       (iv) An examination of the long-term impact of the war in 
     Afghanistan on government institutions in the United States.
       (v) An examination of the authorities used to conduct the 
     war and an assessment of the effectiveness of legislative 
     actions taken to conduct oversight of the war.
       (vi) A description of any other matters that the Commission 
     determines significantly affected the conduct and the outcome 
     of the war in Afghanistan.
       (vii) Recommendations for legislation and administrative 
     actions to address any shortcomings in the conduct of the war 
     in Afghanistan identified by the Commission.
       (2) Reports required.--
       (A) In general.--
       (i) Annual report.--Not later than 1 year after the date of 
     the initial meeting of the Commission, and annually 
     thereafter, the Commission shall submit to the appropriate 
     congressional committees a report describing the progress of 
     the Commission.
       (ii) Final report.--Not later than 4 years after the date 
     of the initial meeting of the Commission, the Commission 
     shall submit to the President and Congress a report that 
     contains a detailed statement of the findings and conclusions 
     of the Commission, together with the recommendations of the 
     Commission.
       (B) Form.--The report required by subparagraph (A)(ii) 
     shall be submitted and publicly released on a Government 
     website in unclassified form but may contain a classified 
     annex, which the Commission shall make every effort to ensure 
     is classified at the lowest classification level.
       (C) Subsequent reports on declassification.--
       (i) In general.--Not later than 2 years after the date that 
     the report required by subparagraph (A)(ii) is submitted and 
     every 2 years thereafter until the entirety of the classified 
     annex of such report is declassified and publicly available, 
     each relevant agency of jurisdiction shall submit to the 
     committee of jurisdiction a report on the efforts of such 
     agency to declassify such annex.
       (ii) Contents.--Each report required by clause (i) shall 
     include--

       (I) a list of the items in the classified annex that the 
     agency is working to declassify at the time of the report and 
     an estimate of the timeline for declassification of such 
     items;
       (II) a broad description of items in the annex that the 
     agency is declining to declassify at the time of the report; 
     and
       (III) any justification for withholding declassification of 
     certain items in the annex and an estimate of the timeline 
     for declassification of such items.

       (f) Powers of Commission.--
       (1) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out this section.
       (2) Assistance from federal agencies.--
       (A) Information.--
       (i) In general.--The Commission may secure directly from a 
     Federal department or agency such information as the 
     Commission considers necessary to carry out this section.
       (ii) Furnishing information.--On request of the Chairperson 
     of the Commission, the head of the department or agency shall 
     expeditiously furnish the information to the Commission.
       (B) General services.--Upon the request of the Commission, 
     the Administrator of General Services shall provide to the 
     Commission, on a reimbursable basis, the administrative 
     support services and office space necessary for the 
     Commission to carry out its purposes and functions under this 
     section.
       (3) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (4) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (g) Nonapplicability of Federal Advisory Committee Act.--
       (1) In general.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the Commission.
       (2) Public meetings and release of public versions of 
     reports.--The Commission shall--
       (A) hold public hearings and meetings to the extent 
     appropriate; and
       (B) release public versions of the reports required under 
     subsection (e)(2).
       (3) Public hearings.--Any public hearings of the Commission 
     shall be conducted in a manner consistent with the protection 
     of information provided to or developed for or by the 
     Commission as required by any applicable statute, regulation, 
     or Executive order.
       (h) Commission Personnel Matters.--
       (1) Compensation of members.--A member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Commission.
       (2) Travel expenses.--A member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (3) Staff.--
       (A) In general.--The Chairperson, in consultation with the 
     Vice Chairperson of the Commission, may, without regard to 
     the civil service laws (including regulations), appoint and 
     terminate an executive director and such other additional 
     personnel as may be necessary to enable the Commission to 
     perform its duties, except that the employment of an 
     executive director shall be subject to confirmation by the 
     Commission.
       (B) Qualifications for personnel.--The Chairperson and the 
     Vice Chairperson of the Commission shall give preference in 
     such appointments under subparagraph (A) to individuals from 
     academic backgrounds, and former military personnel should 
     include representation from the reserve components
       (C) Compensation.--The Chairperson, in consultation with 
     the Vice Chairperson of the Commission, may fix the 
     compensation of the executive director and other personnel 
     without regard to chapter 51 and subchapter III of chapter 53 
     of title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates, except that the 
     rate of pay for the executive director and

[[Page S7862]]

     other personnel may not exceed the rate payable for level V 
     of the Executive Schedule under section 5316 of that title.
       (4) Detail of government employees.--A Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (5) Procurement of temporary and intermittent services.--
     The Chairperson, in consultation with the Vice Chairperson of 
     the Commission, may procure temporary and intermittent 
     services 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.
       (6) Security clearances.--The appropriate departments or 
     agencies of the United States shall cooperate with the 
     Commission in expeditiously providing to the members and 
     staff of the Commission appropriate security clearances to 
     the extent possible pursuant to existing procedures and 
     requirements.
       (i) Termination of Commission.--The Commission shall 
     terminate 90 days after the date on which the Commission 
     submits the report required under subsection (e)(2)(A)(ii).
       (j) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Commission such amounts as necessary to carry out 
     activities under this section.
       (2) Availability.--Any sums appropriated under the 
     authorization contained in this section shall remain 
     available, without fiscal year limitation, until the date of 
     the termination of the Commission under subsection (i).
                                 ______
                                 
  SA 4312. Ms. DUCKWORTH submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ____. NATIONAL SERVICE CORPS FOR MILITARY SPOUSES AND 
                   DEPENDENTS.

       (a) Amendment to NCSA.--Part I of subtitle C of title I of 
     the National and Community Service Act of 1990 (42 U.S.C. 
     12571 et seq.) is amended by adding at the end the following:

     ``SEC. 127. NATIONAL SERVICE CORPS FOR MILITARY SPOUSES AND 
                   DEPENDENTS.

       ``(a) In General.--The Corporation shall enter into an 
     interagency agreement under section 121(b) with the Secretary 
     of Defense to carry out the program under this section, which 
     shall be known as the `National Service Corps for Miliary 
     Spouses and Dependents' (referred to in this section as `the 
     Corps'), and which shall be funded by the Department of 
     Defense and carried out by the Corporation in accordance with 
     the terms and conditions of this subtitle, unless otherwise 
     specified.
       ``(b) Membership.--Notwithstanding section 137, the Corps 
     shall be composed of--
       ``(1) military spouses; and
       ``(2) dependent children who are not younger than age 16 
     and not older than age 26.
       ``(c) Number of Participants.--The number of participants 
     in the program under this section shall not exceed 1000.
       ``(d) Activities.--The recipient of a grant supported under 
     the interagency agreement described in subsection (a) shall 
     use a portion of the financial assistance or positions 
     involved, directly or through subgrants to other entities, to 
     support or carry out activities to address community needs, 
     as determined by the Corporation, which may include 
     activities described in section 122, as full- or part-time 
     programs.
       ``(e) Benefits.--
       ``(1) In general.--Participants in the program under this 
     section shall be eligible for the living allowance and other 
     benefits described in section 140, except for the benefits 
     described in subsections (d) and (e) of that section.
       ``(2) Health benefits.--The Corporation shall ensure that 
     the interagency agreement described in subsection (a) 
     establishes that the Secretary of Defense shall provide 
     coverage under a health plan, as determined by the Secretary 
     of Defense, for all participants in the program under this 
     section who are not covered beneficiaries under the TRICARE 
     program (as that term is defined in section 1072 of title 10, 
     United States Code).
       ``(3) Educational award.--Participants in the program under 
     this section shall be eligible for a national service 
     educational award.
       ``(f) Early Release From Service for Compelling Personal 
     Circumstances.--
       ``(1) Release.--Notwithstanding any other provision of this 
     Act, as determined by the Secretary of Defense, a Corps 
     member may be released from completing a term of service in 
     the approved national service position for compelling 
     personal circumstances.
       ``(2) Award.--A Corps member who is released under 
     paragraph (1) is eligible to receive a pro-rated national 
     service educational award if--
       ``(A) the Corps member has completed at least 15 percent of 
     the Corps member's term of service;
       ``(B) the Corps member, or a member of the Corps member's 
     family, receives military orders, such as a permanent change 
     of station (PCS), that necessitate the Corps member's 
     relocation away from the Corps member's service site; and
       ``(C) the Corps member is unable to secure an appropriate 
     reassignment as described in subsection (g).
       ``(g) Necessary Relocation.--A member of the Corps who must 
     relocate due to a permanent change of station (PCS) or other 
     military order shall, to the extent practicable, continue the 
     member's term of service with the member's current assignment 
     or by securing an appropriate reassignment. The Secretary of 
     Defense shall support, to the extent practicable, such a 
     relocating Corps member who wishes to continue the term of 
     service.''.
       (b) Department of Defense.--
       (1) In general.--The Secretary of Defense shall enter into 
     an interagency agreement with the Corporation for National 
     and Community Service as described in section 127 of the 
     National and Community Service Act of 1990 (as added by 
     subsection (a) of this section), and shall provide funding to 
     the Corporation to carry out such section.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to the Department of Defense, such sums as 
     may be necessary to carry out paragraph (1), including such 
     sums as may be necessary to provide a national service 
     educational award for each participant under such section 
     127.
       (c) Effective Date.--This section, and the amendments made 
     by this section, shall take effect on the date that is 1 year 
     after the date of enactment of this section.
                                 ______
                                 
  SA 4313. Ms. DUCKWORTH (for herself, Mr. Cassidy, and Mr. Kennedy) 
submitted an amendment intended to be proposed to amendment SA 3867 
submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 376. PROHIBITION ON HOUSING OF CHIMPANZEES AT 
                   INSTALLATIONS OF THE AIR FORCE.

       (a) In General.--On or after May 31, 2022, the Secretary of 
     the Air Force may not house chimpanzees at any installation 
     of the Department of the Air Force.
       (b) Transport of Chimpanzees.--
       (1) In general.--Any chimpanzees currently housed at an 
     installation of the Department of the Air Force shall be 
     transported to Chimp Haven in Louisiana, beginning not later 
     than the date of the enactment of this Act.
       (2) Completion of transport.--All transport of chimpanzees 
     required under paragraph (1) shall be completed by not later 
     than May 31, 2022.
                                 ______
                                 
  SA 4314. Ms. DUCKWORTH (for herself, Ms. Ernst, and Mrs. Fischer) 
submitted an amendment intended to be proposed to amendment SA 3867 
submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 318. PILOT PROGRAM ON USE OF SUSTAINABLE AVIATION FUEL.

       (a) Pilot Program Required.--
       (1) In general.--The Secretary of Defense shall conduct a 
     pilot program on the use of sustainable aviation fuel by the 
     Department of Defense.
       (2) Design of program.--The pilot program shall be designed 
     to--
       (A) identify any logistical challenges with respect to the 
     use of sustainable aviation fuel by the Department;
       (B) promote understanding of the technical and performance 
     characteristics of sustainable aviation fuel when used in a 
     military setting; and
       (C) engage nearby commercial airports to explore 
     opportunities and challenges to partner on increased use of 
     sustainable aviation fuel.
       (b) Selection of Facilities.--
       (1) Selection.--
       (A) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     select not fewer than two geographically diverse facilities 
     of the Department at which to carry out the pilot program.
       (B) Onsite refinery.--Not fewer than one facility selected 
     under subparagraph (A) shall be a facility with an onsite 
     refinery that is located in proximity to not fewer than one 
     major commercial airport that is

[[Page S7863]]

     also actively seeking to increase the use of sustainable 
     aviation fuel.
       (2) Notice to congress.--Upon the selection of each 
     facility under paragraph (1), the Secretary shall submit to 
     the appropriate committees of Congress notice of the 
     selection, including an identification of the facility 
     selected.
       (c) Use of Sustainable Aviation Fuel.--
       (1) Plans.--For each facility selected under subsection 
     (b), not later than one year after the selection of the 
     facility, the Secretary shall--
       (A) develop a plan on how to implement, by September 30, 
     2028, a target of exclusively using at the facility aviation 
     fuel that is blended to contain not less than 10 percent 
     sustainable aviation fuel;
       (B) submit the plan developed under subparagraph (A) to the 
     appropriate committees of Congress; and
       (C) provide to the appropriate committees of Congress a 
     briefing on such plan that includes, at a minimum--
       (i) a description of any operational, infrastructure, or 
     logistical requirements and recommendations for the blending 
     and use of sustainable aviation fuel; and
       (ii) a description of any stakeholder engagement in the 
     development of the plan, including any consultations with 
     nearby commercial airport owners or operators.
       (2) Implementation of plans.--For each facility selected 
     under subsection (b), during the period beginning on a date 
     that is not later than September 30, 2028, and for five years 
     thereafter, the Secretary shall require, in accordance with 
     the respective plan developed under paragraph (1), the 
     exclusive use at the facility of aviation fuel that is 
     blended to contain not less than 10 percent sustainable 
     aviation fuel.
       (d) Criteria for Sustainable Aviation Fuel.--Sustainable 
     aviation fuel used under the pilot program shall meet the 
     following criteria:
       (1) Such fuel shall be produced in the United States from 
     domestic feedstock sources.
       (2) Such fuel shall constitute drop-in fuel that meets all 
     specifications and performance requirements of the Department 
     of Defense and the Armed Forces.
       (e) Waiver.--The Secretary may waive the use of sustainable 
     aviation fuel at a facility under the pilot program if the 
     Secretary--
       (1) determines such use is not feasible due to a lack of 
     domestic availability of sustainable aviation fuel or a 
     national security contingency; and
       (2) submits to the congressional defense committees notice 
     of such waiver and the reasons for such waiver.
       (f) Final Report.--
       (1) In general.--At the conclusion of the pilot program, 
     the Assistant Secretary of Defense for Energy, Installations, 
     and Environment shall submit to the appropriate committees of 
     Congress a final report on the pilot program.
       (2) Elements.--The report required by paragraph (1) shall 
     include each of the following:
       (A) An assessment of the effect of using sustainable 
     aviation fuel on the overall fuel costs of blended fuel.
       (B) A description of any operational, infrastructure, or 
     logistical requirements and recommendations for the blending 
     and use of sustainable aviation fuel, with a focus on scaling 
     up adoption of such fuel throughout the Armed Forces.
       (C) Recommendations with respect to how military 
     installations can leverage proximity to commercial airports 
     and other jet fuel consumers to increase the rate of use of 
     sustainable aviation fuel, for both military and non-military 
     use, including potential collaboration on innovative 
     financing or purchasing and shared supply chain 
     infrastructure.
       (D) A description of the effects on performance and 
     operation of aircraft using sustainable aviation fuel, 
     including--
       (i) if used, considerations of various blending ratios and 
     their associated benefits;
       (ii) efficiency and distance improvements of flights using 
     sustainable aviation fuel;
       (iii) weight savings on large transportation aircraft and 
     other types of aircraft with using blended fuel with higher 
     concentrations of sustainable aviation fuel;
       (iv) maintenance benefits of using sustainable aviation 
     fuel, including engine longevity;
       (v) the effect of the use of sustainable aviation fuel on 
     emissions and air quality;
       (vi) the effect of the use of sustainable aviation fuel on 
     the environment and on surrounding communities, including 
     environmental justice factors that are created by the demand 
     for and use of sustainable aviation fuel by the Department of 
     Defense; and
       (vii) benefits with respect to job creation in the 
     sustainable aviation fuel production and supply chain.
       (g) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services and the Committee on 
     Commerce, Science, and Transportation of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
       (2) Sustainable aviation fuel defined.--The term 
     ``sustainable aviation fuel'' means liquid fuel that--
       (A) consists of synthesized hydrocarbon;
       (B) meets the requirements of--
       (i) ASTM International Standard D7566 (or successor 
     standard); or
       (ii) the co-processing provisions of ASTM International 
     Standard D1655, Annex A1 (or successor standard);
       (C) is derived from biomass (as such term is defined in 
     section 45K(c)(3) of the Internal Revenue Code of 1986), 
     waste streams, renewable energy sources, or gaseous carbon 
     oxides; and
       (D) is not derived from palm fatty acid distillates.
                                 ______
                                 
  SA 4315. Mr. SCHATZ submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 318. REVISION OF ENERGY PROCUREMENT POLICIES OF 
                   DEPARTMENT OF DEFENSE TO PROCURE RESILIENT AND 
                   CLEAN ENERGY.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall--
       (1) revise the procurement policies of the Department of 
     Defense that are not otherwise required by law to ensure that 
     the military departments and Defense Agencies may only enter 
     into a contract with a public utility service provider that 
     has an option for the procurement of resilient electricity 
     and clean electricity to power the installations and 
     facilities of the military department or Defense Agency 
     concerned; and
       (2) establish a procurement plan to reasonably and 
     expeditiously transition all existing contracts of the 
     military departments and Defense Agencies with public utility 
     service providers to new contracts that meet the procurement 
     policies described in paragraph (1).
       (b) Military Departments and Defense Agencies.--Consistent 
     with the policies required to be revised under subsection 
     (a)(1), the Secretary of each military department and the 
     head of each Defense Agency shall revise the procurement 
     policies, practices, training, and procedures for the 
     military department or Defense Agency concerned that are not 
     otherwise required by law to ensure that procurement 
     officials of the military department or Defense Agency 
     concerned may only acquire commercial energy services that 
     have an option for the procurement of resilient electricity 
     and clean electricity to power the installations and 
     facilities of the military department or Defense Agency 
     concerned.
       (c) Limitation on the Use of Renewable Energy Credits and 
     Carbon Offsets.--
       (1) Renewable energy credits.--To the extent practicable, 
     in carrying out subsections (a) and (b), the Secretary of 
     each military department and the head of each Defense Agency 
     shall avoid acquiring commercial energy services from a 
     public utility provider that offers renewable energy credits 
     that were sold separately from the renewable energy with 
     which they are associated to satisfy the requirements of 
     having a resilient electricity and clean electricity option.
       (2) Carbon offsets.--In meeting the procurement 
     requirements under subsection (a)(1), the Secretary of 
     Defense shall ensure that each military department and 
     Defense Agency does not use carbon offsets.
       (d) Report.--Not later than one year after the date of the 
     enactment of this Act, and annually thereafter, the Secretary 
     of Defense shall submit to the congressional defense 
     committees a report--
       (1) providing a progress report on the transition of 
     existing public utility services contracts of the Department 
     to meet the procurement policies required under subsection 
     (a)(1);
       (2) describing the procurement plan required under 
     subsection (a)(2); and
       (3) identifying any challenges to carrying out such 
     procurement plan.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to require the Department of Defense to invest in 
     capital projects for the purposes of generating electricity 
     to power the installations and facilities of the military 
     departments and Defense Agencies, including military 
     installation resilience projects under section 2815 of title 
     10, United States Code, energy resilience and conservation 
     construction projects under section 2914 of such title, or 
     financing of third-party capital construction of energy 
     projects under any other provision of law.
       (f) Definitions.--In this section:
       (1) Clean electricity.--The term ``clean electricity'' 
     means electricity generated from sources that result in 
     access to electricity without the production of carbon 
     emissions, including--
       (A) renewable and nuclear energy; and
       (B) traditional generation with carbon capture and storage.
       (2) Military installation.--The term ``military 
     installation'' means an installation of the Department of 
     Defense under the jurisdiction of the Secretary of a military 
     department that is located in a State, territory, or other 
     possession of the United States.
       (3) Resilient electricity.--The term ``resilient 
     electricity'' means uninterrupted and

[[Page S7864]]

     assured access to electricity to meet critical mission 
     availability.
                                 ______
                                 
  SA 4316. Mr. BOOKER submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1264. REPORTS ON POTENTIAL GENOCIDE, CRIMES AGAINST 
                   HUMANITY, OR WAR CRIMES IN ETHIOPIA.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and every 180 days thereafter 
     until the date on which current hostilities in the Tigray 
     region of Ethiopia have ceased due to a ceasefire or peace 
     agreement, the Secretary of State, after consultation with 
     the heads of other Federal departments and agencies 
     represented on the Atrocity Early Warning Task Force and with 
     representatives of human rights organizations, shall submit 
     to the appropriate committees of Congress a report that 
     includes a determination with respect to whether actions in 
     Ethiopia by the military forces of Ethiopia and Eritrea or 
     other armed actors constitute--
       (1) genocide (as defined in section 1091 of title 18, 
     United States Code);
       (2) crimes against humanity; or
       (3) war crimes.
       (b) Form.--Each report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex that is provided separately.
       (c) Public Availability.--The Secretary shall make each 
     report submitted under subsection (a) available to the public 
     on an internet website of the Department of State.
       (d) Appropriate Committees of Congress.--In this section, 
     the term ``appropriate committees of Congress'' means--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     House of Representatives.
                                 ______
                                 
  SA 4317. Mr. BOOKER (for himself and Mr. Scott of South Carolina) 
submitted an amendment intended to be proposed to amendment SA 3867 
submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1283. DEPARTMENT OF STATE STUDENT INTERNSHIP PROGRAM.

       (a) In General.--The Secretary of State shall establish the 
     Department of State Student Internship Program (referred to 
     in this section as the ``Program'') to offer internship 
     opportunities at the Department of State to eligible students 
     to raise awareness of the essential role of diplomacy in the 
     conduct of United States foreign policy and the realization 
     of United States foreign policy objectives.
       (b) Eligibility.--An applicant is eligible to participate 
     in the Program if the applicant--
       (1) is enrolled (not less than half-time) at--
       (A) an institution of higher education (as defined section 
     102 of the Higher Education Act of 1965 (20 U.S.C. 1002)); or
       (B) an institution of higher education based outside of the 
     United States, as determined by the Secretary of State;
       (2) is able to receive and hold an appropriate security 
     clearance; and
       (3) satisfies such other criteria as the Secretary may 
     establish pursuant to subsection (c).
       (c) Selection.--The Secretary of State shall establish 
     selection criteria for students to be admitted into the 
     Program, including--
       (1) a demonstrable interest in a career in foreign affairs;
       (2) strong academic performance; and
       (3) such other criteria as the Secretary may establish.
       (d) Outreach.--The Secretary of State shall--
       (1) widely advertise the Program, including on the 
     internet, through--
       (A) the Department of State's Diplomats in Residence 
     Program; and
       (B) other outreach and recruiting initiatives targeting 
     undergraduate and graduate students; and
       (2) actively encourage people belonging to traditionally 
     under-represented groups in terms of racial, ethnic, 
     geographic, and gender diversity, and disability status to 
     apply to the Program, including by conducting targeted 
     outreach at minority serving institutions (as described in 
     section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1067q(a))).
       (e) Compensation.--
       (1) In general.--Students participating in the Program 
     shall be paid not less than the greater of--
       (A) the amount specified in section 6(a)(1) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)); or
       (B) the minimum wage of the jurisdiction in which the 
     internship is located.
       (2) Housing assistance.--
       (A) Abroad.--The Secretary of State shall provide housing 
     assistance to any student participating in the Program whose 
     permanent address is within the United States if the location 
     of the internship in which such student is participating is 
     outside of the United States.
       (B) Domestic.--The Secretary of State is authorized to 
     provide housing assistance to a student participating in the 
     Program whose permanent address is within the United States 
     if the location of the internship in which such student is 
     participating is more than 50 miles away from such student's 
     permanent address.
       (3) Travel assistance.--The Secretary of State shall 
     provide financial assistance to any student participating in 
     the Program whose permanent address is within the United 
     States that covers the round trip costs of traveling from the 
     location of the internship in which such student is 
     participating (including travel by air, train, bus, or other 
     appropriate transit), if the location of such internship is--
       (A) more than 50 miles from such student's permanent 
     address; or
       (B) outside of the United States.
       (f) Working With Institutions of Higher Education.--The 
     Secretary of State is authorized to enter into agreements 
     with institutions of higher education to structure 
     internships to ensure such internships satisfy criteria for 
     academic programs in which participants in such internships 
     are enrolled.
       (g) Transition Period.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Secretary of State shall 
     transition all unpaid internship programs of the Department 
     of State, including the Foreign Service Internship Program, 
     to internship programs that offer compensation. Upon 
     selection as a candidate for entry into an internship program 
     of the Department of State after such date, a participant in 
     such internship program shall be afforded the opportunity to 
     forgo compensation, including if doing so allows such 
     participant to receive college or university curricular 
     credit.
       (2) Exception.--The transition required under paragraph (1) 
     shall not apply in the case of unpaid internship programs of 
     the Department of State that are part of the Virtual Student 
     Federal Service Internship Program.
       (3) Waiver.--
       (A) In general.--The Secretary of State may waive the 
     requirement under paragraph (1) to transition an unpaid 
     internship program of the Department to an internship program 
     that offers compensation if the Secretary determines and, not 
     later than 30 days after any such determination, submits a 
     report to the appropriate congressional committees that 
     explains why such transition would not be consistent with 
     effective management goals.
       (B) Report.--The report required under subparagraph (A) 
     shall describe the reason why transitioning an unpaid 
     internship program of the Department of State to an 
     internship program that offers compensation would not be 
     consistent with effective management goals, including any 
     justification for maintaining such unpaid status 
     indefinitely, or any additional authorities or resources 
     necessary to transition such unpaid program to offer 
     compensation in the future.
       (h) Reports.--Not later than 18 months after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit a report to the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives that includes--
       (1) data, to the extent collection of such information is 
     permissible by law, regarding the number of students 
     (disaggregated by race, ethnicity, gender, institution of 
     higher learning, home State, State where each student 
     graduated from high school, and disability status) who 
     applied to the Program, were offered a position, and 
     participated;
       (2) data regarding--
       (A) the number of security clearance investigations started 
     for such students; and
       (B) the timeline for such investigations, including--
       (i) whether such investigations were completed; and
       (ii) when an interim security clearance was granted;
       (3) information on Program expenditures; and
       (4) information regarding the Department of State's 
     compliance with subsection (g).
       (i) Data Collection Policies.--
       (1) Voluntary participation.--Nothing in this section may 
     be construed to compel any student who is a participant in an 
     internship program of the Department of State to participate 
     in the collection of the data or divulge any personal 
     information. Such students shall be informed that their 
     participation in the data collection contemplated by this 
     section is voluntary.
       (2) Privacy protection.--Any data collected under this 
     section shall be subject to

[[Page S7865]]

     the relevant privacy protection statutes and regulations 
     applicable to Federal employees.
       (j) Special Hiring Authority.--The Secretary of State may--
       (1) offer compensated internships that last up to 52 weeks; 
     and
       (2) select, appoint, employ, and remove individuals in such 
     compensated internships without regard to the provisions of 
     law governing appointments in the competitive service.
                                 ______
                                 
  SA 4318. Mr. BOOKER submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1064. PILOT PROGRAM ON DOULA SUPPORT FOR VETERANS.

       (a) Findings.--Congress finds the following:
       (1) There are approximately 2,300,000 women within the 
     veteran population in the United States.
       (2) The number of women veterans using services from the 
     Veterans Health Administration has increased by 28.8 percent 
     from 423,642 in 2014 to 545,670 in 2019.
       (3) During the period of 2010 through 2015, the use of 
     maternity services from the Veterans Health Administration 
     increased by 44 percent.
       (4) Although prenatal care and delivery is not provided in 
     facilities of the Department of Veterans Affairs, pregnant 
     women seeking care from the Department for other conditions 
     may also need emergency care and require coordination of 
     services through the Veterans Community Care Program under 
     section 1703 of title 38, United States Code.
       (5) The number of unique women veteran patients with an 
     obstetric delivery paid for by the Department increased by 
     1,778 percent from 200 deliveries in 2000 to 3,756 deliveries 
     in 2015.
       (6) The number of women age 35 years or older with an 
     obstetric delivery paid for by the Department increased 16-
     fold from fiscal year 2000 to fiscal year 2015.
       (7) A study in 2010 found that veterans returning from 
     Operation Enduring Freedom and Operation Iraqi Freedom who 
     experienced pregnancy were twice as likely to have a 
     diagnosis of depression, anxiety, posttraumatic stress 
     disorder, bipolar disorder, or schizophrenia as those who had 
     not experienced a pregnancy.
       (8) The number of women veterans of reproductive age 
     seeking care from the Veterans Health Administration 
     continues to grow (more than 185,000 as of fiscal year 2015).
       (b) Program.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall establish a pilot program to furnish doula services to 
     covered veterans through eligible entities by expanding the 
     Whole Health model of the Department of Veterans Affairs, or 
     successor model, to measure the impact that doula support 
     services have on birth and mental health outcomes of pregnant 
     veterans (in this section referred to as the ``pilot 
     program'').
       (2) Consideration.--In carrying out the pilot program, the 
     Secretary shall consider all types of doulas, including 
     traditional and community-based doulas.
       (3) Consultation.--In designing and implementing the pilot 
     program, the Secretary shall consult with stakeholders, 
     including--
       (A) organizations representing veterans, including veterans 
     that are disproportionately impacted by poor maternal health 
     outcomes;
       (B) community-based health care professionals, including 
     doulas, and other stakeholders; and
       (C) experts in promoting health equity and combating racial 
     bias in health care settings.
       (4) Goals.--The goals of the pilot program are the 
     following:
       (A) To improve--
       (i) maternal, mental health, and infant care outcomes;
       (ii) integration of doula support services into the Whole 
     Health model of the Department, or successor model; and
       (iii) the experience of women receiving maternity care from 
     the Department, including by increasing the ability of a 
     woman to develop and follow her own birthing plan.
       (B) To reengage veterans with the Department after giving 
     birth.
       (c) Locations.--The Secretary shall carry out the pilot 
     program in--
       (1) the three Veterans Integrated Service Networks of the 
     Department that have the highest percentage of female 
     veterans enrolled in the patient enrollment system of the 
     Department established and operated under section 1705(a) of 
     title 38, United States Code, compared to the total number of 
     enrolled veterans in such Network; and
       (2) the three Veterans Integrated Service Networks that 
     have the lowest percentage of female veterans enrolled in the 
     patient enrollment system compared to the total number of 
     enrolled veterans in such Network.
       (d) Open Participation.--The Secretary shall allow any 
     eligible entity or covered veteran interested in 
     participating in the pilot program to participate in the 
     pilot program.
       (e) Services Provided.--
       (1) In general.--Under the pilot program, a covered veteran 
     shall receive not more than 10 sessions of care from a doula 
     under the Whole Health model of the Department, or successor 
     model, under which a doula works as an advocate for the 
     veteran alongside the medical team for the veteran.
       (2) Sessions.--Sessions covered under paragraph (1) shall 
     be as follows:
       (A) Three or four sessions before labor and delivery.
       (B) One session during labor and delivery.
       (C) Three or four sessions after post-partum, which may be 
     conducted via the mobile application for VA Video Connect.
       (f) Administration of Pilot Program.--
       (1) In general.--The Office of Women's Health of the 
     Department of Veterans Affairs, or successor office (in this 
     section referred to as the ``Office''), shall--
       (A) coordinate services and activities under the pilot 
     program;
       (B) oversee the administration of the pilot program; and
       (C) conduct onsite assessments of medical facilities of the 
     Department that are participating in the pilot program.
       (2) Guidelines for veteran-specific care.--The Office shall 
     establish guidelines under the pilot program for training 
     doulas on military sexual trauma and post traumatic stress 
     disorder.
       (3) Amounts for care.--The Office may recommend to the 
     Secretary appropriate payment amounts for care and services 
     provided under the pilot program, which shall not exceed 
     $3,500 per doula per veteran.
       (g) Doula Service Coordinator.--
       (1) In general.--The Secretary, in consultation with the 
     Office, shall establish a Doula Service Coordinator within 
     the functions of the Maternity Care Coordinator at each 
     medical facility of the Department that is participating in 
     the pilot program.
       (2) Duties.--A Doula Service Coordinator established under 
     paragraph (1) at a medical facility shall be responsible 
     for--
       (A) working with eligible entities, doulas, and covered 
     veterans participating in the pilot program; and
       (B) managing payment between eligible entities and the 
     Department under the pilot program.
       (3) Tracking of information.--A doula providing services 
     under the pilot program shall report to the applicable Doula 
     Service Coordinator after each session conducted under the 
     pilot program.
       (4) Coordination with women's program manager.--A Doula 
     Service Coordinator for a medical facility of the Department 
     shall coordinate with the women's program manager for that 
     facility in carrying out the duties of the Doula Service 
     Coordinator under the pilot program.
       (h) Term of Pilot Program.--The Secretary shall conduct the 
     pilot program for a period of 5 years.
       (i) Technical Assistance.--The Secretary shall establish a 
     process to provide technical assistance to eligible entities 
     and doulas participating in the pilot program.
       (j) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter for each 
     year in which the pilot program is carried out, the Secretary 
     shall submit to the Committee on Veterans' Affairs of the 
     Senate and the Committee on Veterans' Affairs of the House of 
     Representatives a report on the pilot program.
       (2) Final report.--As part of the final report submitted 
     under paragraph (1), the Secretary shall include 
     recommendations on whether the model studied in the pilot 
     program should be continued or more widely adopted by the 
     Department.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary, for each of fiscal years 
     2022 through 2027, such sums as may be necessary to carry out 
     this section.
       (l) Definitions.--In this section:
       (1) Covered veteran.--The term ``covered veteran'' means a 
     pregnant veteran or a formerly pregnant veteran (with respect 
     to sessions post-partum) who is enrolled in the patient 
     enrollment system of the Department of Veterans Affairs 
     established and operated under section 1705(a) of title 38, 
     United States Code.
       (2) Eligible entity.--The term ``eligible entity'' means an 
     entity that provides medically accurate, comprehensive 
     maternity services to covered veterans under the laws 
     administered by the Secretary, including under the Veterans 
     Community Care Program under section 1703 of title 38, United 
     States Code.
       (3) VA video connect.--The term ``VA Video Connect'' means 
     the program of the Department of Veterans Affairs to connect 
     veterans with their health care team from anywhere, using 
     encryption to ensure a secure and private session.
                                 ______
                                 
  SA 4319. Mr. BOOKER submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and

[[Page S7866]]

for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end of title VI, add the following:

     SEC. 607. PROVISION OF UNIFORM AND EQUIPMENT TO CADETS AT 
                   SERVICE ACADEMIES.

       (a) United States Military Academy.--Section 7450 of title 
     10, United States Code, is amended to read as follows:

     ``Sec. 7450. Cadets: clothing and equipment

       ``The Secretary of the Army shall provide to each cadet, at 
     no cost to the cadet, the cadet's initial issue of clothing 
     and equipment.''.
       (b) United States Naval Academy.--
       (1) In general.--Section 8460 of such title is amended to 
     read as follows:

     ``Sec. 8460. Midshipmen: clothing and equipment

       ``The Secretary of the Navy shall provide to each 
     midshipman, at no cost to the midshipman, the midshipman's 
     initial issue of clothing and equipment.''.
       (2) Clerical amendment.--The table of sections for chapter 
     853 of such title is amended by striking the item relating to 
     section 8460 and inserting the following new item:

``8460. Midshipmen: clothing and equipment.''.
       (c) United States Air Force Academy.--Section 9450 of such 
     title is amended to read as follows:

     ``Sec. 9450. Cadets: clothing and equipment

       ``The Secretary of the Air Force shall provide to each 
     cadet, at no cost to the cadet, the cadet's initial issue of 
     clothing and equipment.''.
       (d) United States Coast Guard Academy.--
       (1) In general.--Section 1927 of title 14, United States 
     Code, is amended to read as follows:

     ``Sec. 1927. Cadets; clothing and equipment

       ``The Secretary shall provide to each cadet, at no cost to 
     the cadet, the cadet's initial issue of clothing and 
     equipment.''.
       (2) Clerical amendment.--The table of sections for chapter 
     19 of such title is amended by striking the item relating to 
     section 1927 and inserting the following new item:

``1927. Cadets; clothing and equipment.''.
       (e) United States Merchant Marine Academy.--Section 51308 
     of title 46, United States Code, is amended by inserting 
     ``(at not cost to the cadet)'' after ``textbooks''.
                                 ______
                                 
  SA 4320. Mr. BOOKER submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of title VI, add the following:

     SEC. 607. REIMBURSEMENT FOR COSTS OF TRANSPORTING HOUSEHOLD 
                   PETS TO OR FROM AN OVERSEAS DUTY STATION.

       Section 453 of title 37, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(h) Transportation of Household Pets.--
       ``(1) In general.--The administering Secretary may 
     reimburse a member of a uniformed service who makes a 
     permanent change of station between a duty station in the 
     United States and a duty station outside the United States 
     for costs associated with the transportation of a household 
     pet between such stations through any service not operated by 
     the Department of Defense.
       ``(2) Limitation.--The amount of a reimbursement to a 
     member under paragraph (1) may not exceed $4,000.''.
                                 ______
                                 
  SA 4321. Mr. BOOKER (for himself and Mr. Blumenthal) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1064. PILOT PROGRAM ON PROVISION OF PLANT-BASED PROTEIN 
                   OPTIONS TO MEMBERS OF THE NAVY.

       (a) Establishment.--Not later than March 1, 2022, the 
     Secretary of the Navy shall establish a pilot program to 
     offer plant-based protein options at forward operating bases 
     for consumption by members of the Navy.
       (b) Locations.--Not later than March 1, 2022, the Secretary 
     of the Navy shall select not fewer than two naval facilities 
     to participate in the pilot program established under 
     subsection (a) and shall prioritize the selection of 
     facilities where livestock-based protein options may be 
     costly to obtain or store, such as Joint Region Marianas, 
     Guam, Navy Support Facility, Diego Garcia, and United States 
     Fleet Activities Sasebo, Japan.
       (c) Termination.--The requirement to carry out the pilot 
     program established under subsection (a) shall terminate 
     three years after the date on which the Secretary of the Navy 
     establishes the pilot program.
       (d) Report.--Not later than one year after the termination 
     of the pilot program established under subsection (a), the 
     Secretary of the Navy shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on the pilot program that includes the following:
       (1) The consumption rate of plant-based protein options by 
     members of the Navy under the pilot program.
       (2) Effective criteria to increase plant-based protein 
     options at facilities of the Navy not selected under 
     subsection (b).
       (3) An analysis of the costs of obtaining and storing 
     plant-based protein options compared to the costs of 
     obtaining and storing livestock-based protein options at 
     facilities of the Navy selected under subsection (b).
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to prevent offering livestock-based protein options 
     alongside plant-based protein options at facilities of the 
     Navy selected under subsection (b).
       (f) Plant-based Protein Options Defined.--In this section, 
     the term ``plant-based protein options'' means edible 
     products made from plants (such as vegetables, beans, and 
     legumes), fungi, or other non-animal sources of protein.
                                 ______
                                 
  SA 4322. Mr. TILLIS submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1424. AUTHORITY TO ACQUIRE MATERIALS FOR AND DISPOSE OF 
                   MATERIALS FROM NATIONAL DEFENSE STOCKPILE.

       (a) Disposal Authority.--Pursuant to section 5(b) of the 
     Strategic and Critical Materials Stock Piling Act (50 U.S.C. 
     98d(b)), the National Defense Stockpile Manager may dispose 
     of 4,031,000 pounds of tungsten ores and concentrates 
     contained in the National Defense Stockpile (in addition to 
     any amount previously authorized for disposal).
       (b) Acquisition Authority.--Using funds available in the 
     National Defense Stockpile Transaction Fund, the National 
     Defense Stockpile Manager may acquire the following materials 
     determined to be strategic and critical materials required to 
     meet the defense, industrial, and essential civilian needs of 
     the United States:
       (1) Neodymium oxide, praseodymium oxide, and neodymium iron 
     boron (NdFeB) magnet block.
       (2) Trinitrotoluene (TNT) or substitute materials.
       (3) Titanium.
       (c) Amount of Authority.--The National Defense Stockpile 
     Manager may use up to $50,000,000 in the National Defense 
     Stockpile Transaction Fund for acquisition of the materials 
     specified in subsection (b).
       (d) Fiscal Year Limitation.--The authority under subsection 
     (b) is available for purchases during fiscal years 2022 
     through 2031.
                                 ______
                                 
  SA 4323. Mr. TILLIS submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 318. REPORTS ON MOBILE MICROREACTOR DEVELOPMENT AND 
                   DEPLOYMENT.

       (a) Report on Plans for Mobile Microreactor Program.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Under Secretary of Defense for 
     Research and Engineering shall submit to the congressional 
     defense committees a report on the plans by the Department of 
     Defense for the mobile microreactor program of the 
     Department.
       (2) Limitation on use of funds.--Until the report required 
     by paragraph (1) is submitted to the congressional defense 
     committees, the Office of the Under Secretary of Defense for 
     Research and Engineering may not expend more than 25 percent 
     of the funds appropriated to such Office for fiscal year 
     2022.
       (b) Report on Regulatory Framework.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, The Secretary of Defense, in 
     coordination

[[Page S7867]]

     with the Secretary of Energy and in consultation with the 
     Nuclear Regulatory Commission and the commercial nuclear 
     industry, shall submit to the congressional defense 
     committees a report on the regulatory framework for the 
     deployment by the Secretary of Defense of mobile 
     microreactors.
       (2) Contents.--The report required by paragraph (1) shall 
     include--
       (A) a description of the regulatory framework by which the 
     Secretary of Defense will--
       (i) leverage the commercial development of mobile 
     microreactors to deploy such microreactors to military 
     installations in the United States;
       (ii) designate the head of a component of the Department of 
     Defense to carry out clause (i); and
       (iii) develop a scalable pilot program to identify the 
     first 5 installations in the United States that are projected 
     to receive mobile microreactors under clause (i); and
       (B) a summary of expected timelines and projected costs for 
     carrying out clauses (i), (ii), and (iii) of subparagraph 
     (A); and
       (C) such other information as the Secretary of Defense 
     considers appropriate.
                                 ______
                                 
  SA 4324. Ms. COLLINS submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 164. INCLUSION OF PROPOSALS FOR CANCELLATION OR CERTAIN 
                   MODIFICATIONS OF MULTIYEAR CONTRACTS FOR 
                   ACQUISITION OF PROPERTY IN DEPARTMENT OF 
                   DEFENSE BUDGET JUSTIFICATION MATERIALS.

       (a) In General.--Chapter 9 of title 10, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 239c. Cancellation or certain modifications of 
       multiyear contracts for acquisition of property: inclusion 
       of proposals in budget justification materials

       ``(a) In General.--In the budget justification materials 
     submitted to Congress in support of the Department of Defense 
     budget for fiscal year 2023 and each fiscal year thereafter 
     (as submitted with the budget of the President under section 
     1105(a) of title 31), the Secretary of Defense shall include 
     a proposal for any contract of the Department entered into 
     under section 2306b of this title that--
       ``(1) the head of an agency intends to cancel; or
       ``(2) with respect to which the head of agency intends to 
     effect a covered modification.
       ``(b) Elements.--Each proposal required by subsection (a) 
     shall include the following:
       ``(1) A detailed assessment of expected termination costs 
     associated with the cancellation or covered modification of 
     the contract.
       ``(2) An updated assessment of estimated savings of 
     carrying out the planned multiyear procurement.
       ``(3) An explanation of the proposed use of previously 
     appropriated funds provided by Congress for advance 
     procurement or procurement of property that would be procured 
     under the multiyear contract.
       ``(4) An assessment of expected impacts to the industrial 
     base, including workload stability, loss of skilled labor, 
     and reduced efficiencies.
       ``(c) Definitions.--In this section:
       ``(1) The term `covered modification' means a modification 
     that will result in a reduction in the quantity of end items 
     to be procured.
       ``(2) The term `head of an agency' means--
       ``(A) the Secretary of Defense;
       ``(B) the Secretary of the Army;
       ``(C) the Secretary of the Navy; or
       ``(D) the Secretary of the Air Force.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 9 of such title is amended by adding at 
     the end the following new item:

``239c. Cancellation or certain modifications of multiyear contracts 
              for acquisition of property: inclusion of proposals in 
              budget justification materials.''.
                                 ______
                                 
  SA 4325. Mr. CORNYN (for himself and Mr. King) submitted an amendment 
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and 
intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1253. SENSE OF CONGRESS ON INTEROPERABILITY WITH TAIWAN.

       It is the sense of Congress that, consistent with the 
     Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et 
     seq.) and the Six Assurances, the United States should seek 
     to support the goals of--
       (1) improving asymmetric defense capabilities of Taiwan;
       (2) bolstering deterrence to preserve peace, security, and 
     stability across the Taiwan Strait; and
       (3) deepening interoperability with Taiwan in defense 
     capabilities, including in--
       (A) maritime and air domain awareness; and
       (B) integrated air and missile defense systems.
                                 ______
                                 
  SA 4326. Mr. BURR (for himself and Mr. Tillis) submitted an amendment 
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and 
intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1064. REVIEW OF ILLNESSES AND CONDITIONS RELATING TO 
                   VETERANS STATIONED AT CAMP LEJEUNE, NORTH 
                   CAROLINA AND THEIR FAMILY MEMBERS.

       (a) Review and Publication of Illness or Condition.--Part P 
     of title III of the Public Health Service Act (42 U.S.C. 280g 
     et seq.) is amended by adding at the end the following:

     ``SEC. 399V-7. REVIEW AND PUBLICATION OF ILLNESSES AND 
                   CONDITIONS.

       ``Consistent with section 104(i) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980, not later than 1 year after the date of enactment of 
     this section, and not less frequently than once every 3 years 
     thereafter, the Secretary, acting through the Administrator 
     of the Agency for Toxic Substances and Disease Registry, 
     shall--
       ``(1)(A) review the scientific literature relevant to the 
     relationship between the employment or residence of 
     individuals at Camp Lejeune, North Carolina for not fewer 
     than 30 days during the period beginning on August 1, 1953, 
     and ending on December 31, 1987, and specific illnesses or 
     conditions incurred by those individuals;
       ``(B) determine each illness or condition for which there 
     is evidence that exposure to a toxic substance at Camp 
     Lejeune, North Carolina, during the period specific in 
     subparagraph (A) may be a cause of the illness or condition; 
     and
       ``(C) with respect to each illness or condition for which a 
     determination has been made under subparagraph (B), 
     categorize the evidence of the connection of the illness or 
     condition to exposure described in that subparagraph as--
       ``(i) sufficient to conclude with reasonable confidence 
     that the exposure is a cause of the illness or condition;
       ``(ii) modest supporting causation, but not sufficient to 
     conclude with reasonable confidence that exposure is a cause 
     of the illness or condition; or
       ``(iii) no more than limited supporting causation;
       ``(2) publish in the Federal Register and on the Internet 
     website of the Department of Health and Human Services--
       ``(A) a list of each illness or condition for which a 
     determination has been made under paragraph (1)(B), including 
     the categorization of the evidence of causal connection 
     relating to the illness or condition under paragraph (1)(C); 
     and
       ``(B) the bibliographic citations for all literature 
     reviewed under paragraph (1) for each illness or condition 
     listed under such paragraph; and
       ``(3) update the list under paragraph (2), as applicable, 
     to add an illness or condition for which a determination has 
     been made under paragraph (1)(B), including the 
     categorization of the evidence of causal connection relating 
     to the illness or condition under paragraph (1)(C), since 
     such list was last updated consistent with the requirements 
     of this section.''.
       (b) Eligibility for Health Care From Department of Veterans 
     Affairs.--
       (1) In general.--Section 1710(e)(1)(F) of title 38, United 
     States Code, is amended--
       (A) by redesignating clauses (i) through (xv) as subclauses 
     (I) through (XV), respectively;
       (B) by striking ``(F) Subject to'' and inserting ``(F)(i) 
     Subject to'';
       (C) by striking ``any of the following'' and inserting 
     ``any of the illnesses or conditions for which the evidence 
     of connection of the illness or condition to exposure to a 
     toxic substance at Camp Lejeune, North Carolina, during such 
     period is categorized as sufficient or modest in the most 
     recent list published under section 399V-7(2) of the Public 
     Health Service Act, which may include any of the following''; 
     and
       (D) by adding at the end the following new clause:
       ``(ii) For the purposes of ensuring continuation of care, 
     any veteran who has been furnished hospital care or medical 
     services under this subparagraph for an illness or condition 
     shall remain eligible for hospital

[[Page S7868]]

     care or medical services for such illness or condition 
     notwithstanding that the evidence of connection of such 
     illness or condition to exposure to a toxic substance at Camp 
     Lejeune, North Carolina, during the period described in 
     clause (i) is not categorized as sufficient or modest in the 
     most recent list published under section 399V-7(2) of the 
     Public Health Service Act.''.
       (2) Family members.--Section 1787 of such title is amended 
     by adding at the end the following new subsection:
       ``(c) Continuation of Care.--For the purposes of ensuring 
     continuation of care, any individual who has been furnished 
     hospital care or medical services under this section for an 
     illness or condition shall remain eligible for hospital care 
     or medical services for such illness or condition 
     notwithstanding that the illness or condition is no longer 
     described in section 1710(e)(1)(F) of this title.''.
       (3) Transfer of amounts for program.--Notwithstanding any 
     other provision of law, for each of fiscal years 2022 and 
     2023, the Secretary of Veterans Affairs shall transfer 
     $2,000,000 from amounts made available to the Department of 
     Veterans Affairs for medical support and compliance to the 
     Chief Business Office and Financial Services Center of the 
     Department to be used to continue building and enhancing the 
     claims processing system, eligibility system, and web portal 
     for the Camp Lejeune Family Member Program of the Department.
                                 ______
                                 
  SA 4327. Mr. SULLIVAN submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. INFRASTRUCTURE IMPROVEMENTS IDENTIFIED IN THE 
                   REPORT ON STRATEGIC SEAPORTS.

       Section 50302(c)(6) of title 46, United States Code, is 
     amended by adding at the end the following:
       ``(C) Infrastructure improvements identified in the report 
     on strategic seaports.--In selecting projects described in 
     paragraph (3) for funding under this subsection, the 
     Secretary shall consider infrastructure improvements 
     identified in the report on strategic seaports required by 
     section 3515 of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1985) that 
     would improve the commercial operations of those seaports.''.
                                 ______
                                 
  SA 4328. Mr. SULLIVAN submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 12__. SPECIAL IMMIGRANT STATUS FOR NATIONALS OF 
                   AFGHANISTAN EMPLOYED THROUGH A COOPERATIVE 
                   AGREEMENT, GRANT, OR NONGOVERNMENTAL 
                   ORGANIZATION FUNDED BY THE UNITED STATES 
                   GOVERNMENT.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States recognizes the immense contributions 
     of the nationals of Afghanistan who worked, through 
     cooperative agreements, grants, and nongovernmental 
     organizations in Afghanistan, in support of the United States 
     mission to advance the causes of democracy, human rights, and 
     the rule of law in Afghanistan;
       (2) due to the close association of such nationals of 
     Afghanistan with the United States, their lives are at risk; 
     and
       (3) such nationals of Afghanistan should be provided with 
     special immigrant status under the Afghan Allies and 
     Protection Act of 2009 (8 U.S.C. 1101 note; Public Law 111-
     8).
       (b) Special Immigrant Status.--Section 602(b)(2)(A)(ii)(I) 
     of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 
     note; Public Law 111-8) is amended by inserting after 
     ``United States Government'' the following: ``, including 
     employment in Afghanistan funded by the United States 
     Government through a cooperative agreement, grant, or 
     nongovernmental organization, provided that the Chief of 
     Mission or delegated Department of State designee determines, 
     based on a recommendation from the Federal agency or 
     organization authorizing such funding, that such alien 
     contributed to the United States mission in Afghanistan''.
                                 ______
                                 
  SA 4329. Mr. SULLIVAN submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 821. PROHIBITION ON CONTRACT CLAUSES REQUIRING COVID-19 
                   VACCINE.

       Notwithstanding Executive Order No. 14042 (86 Fed. Reg. 
     50985; relating to ensuring adequate COVID safety protocols 
     for Federal contractors) and the Safer Federal Worker Task 
     Force order dated September 24, 2021, and entitled ``COVID-19 
     Workplace Safety: Guidance for Federal Contractors and 
     Subcontractors'', the Department of Defense may not require 
     any contractor or subcontractor at any tier to impose a 
     workplace COVID-19 vaccine mandate as a condition of entering 
     into a Federal contract or subcontract, including by 
     including a contract clause to such effect in a Department of 
     Defense contract.
                                 ______
                                 
  SA 4330. Mr. RUBIO (for himself and Mr. Merkley) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title XII, add the following:

             Subtitle H--Uyghur Forced Labor Prevention Act

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``Uyghur Forced Labor 
     Prevention Act''.

     SEC. 1292. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to strengthen the prohibition against the importation 
     of goods made with forced labor, including by ensuring that 
     the Government of the People's Republic of China does not 
     undermine the effective enforcement of section 307 of the 
     Tariff Act of 1930 (19 U.S.C. 1307), which prohibits the 
     importation of all ``goods, wares, articles, and merchandise 
     mined, produced or manufactured wholly or in part in any 
     foreign country by . . . forced labor'';
       (2) to lead the international community in ending forced 
     labor practices wherever such practices occur through all 
     means available to the United States Government, including by 
     stopping the importation of any goods made with forced labor, 
     including those goods mined, produced, or manufactured wholly 
     or in part in the Xinjiang Uyghur Autonomous Region;
       (3) to actively work to prevent, publicly denounce, and end 
     human trafficking, including with respect to forced labor, 
     whether sponsored by the government of a foreign country or 
     not, and to restore the lives of those affected by human 
     trafficking, a modern form of slavery;
       (4) to regard the prevention of atrocities as a priority in 
     the national interests of the United States; and
       (5) to address gross violations of human rights in the 
     Xinjiang Uyghur Autonomous Region--
       (A) through bilateral diplomatic channels and multilateral 
     institutions in which both the United States and the People's 
     Republic of China are members; and
       (B) using all the authorities available to the United 
     States Government, including visa and financial sanctions, 
     export restrictions, and import controls.

     SEC. 1293. STRATEGY TO ENFORCE PROHIBITION ON IMPORTATION OF 
                   GOODS MADE THROUGH FORCED LABOR IN THE XINJIANG 
                   UYGHUR AUTONOMOUS REGION.

       (a) Public Comment.--
       (1) In general.--Not later than 45 days after the date of 
     the enactment of this Act, the Secretary of the Treasury and 
     the Secretary of Homeland Security shall jointly, and in 
     consultation with the United States Trade Representative, the 
     Secretary of State, and the Secretary of Labor, publish in 
     the Federal Register a notice soliciting public comments on 
     how best to ensure that goods mined, produced, or 
     manufactured wholly or in part with forced labor in the 
     People's Republic of China, including by Uyghurs, Kazakhs, 
     Kyrgyz, Tibetans, and members of other persecuted groups in 
     the People's Republic of China, and especially in the 
     Xinjiang Uyghur Autonomous Region, are not imported into the 
     United States.
       (2) Period for comment.--The Secretary of the Treasury and 
     the Secretary of Homeland Security shall provide the public 
     with not less than 60 days to submit comments in response to 
     the notice required by paragraph (1).
       (b) Public Hearing.--
       (1) In general.--Not later than 45 days after the close of 
     the period to submit comments under subsection (a)(2), the 
     Secretary of the Treasury, the Secretary of Homeland 
     Security, the Secretary of Labor, the United States Trade 
     Representative, and the Secretary of State shall jointly 
     conduct a public

[[Page S7869]]

     hearing inviting witnesses to testify with respect to the use 
     of forced labor in the People's Republic of China and 
     potential measures, including the measures described in 
     paragraph (2), to prevent the importation of goods mined, 
     produced, or manufactured wholly or in part with forced labor 
     in the People's Republic of China into the United States.
       (2) Measures described.--The measures described in this 
     paragraph are--
       (A) measures that can be taken to trace the origin of 
     goods, offer greater supply chain transparency, and identify 
     third country supply chain routes for goods mined, produced, 
     or manufactured wholly or in part with forced labor in the 
     People's Republic of China; and
       (B) other measures for ensuring that goods mined, produced, 
     or manufactured wholly or in part with forced labor do not 
     enter the United States.
       (c) Development of Strategy.--After receiving public 
     comments under subsection (a) and holding the hearing 
     required by subsection (b), the Secretary of the Treasury and 
     the Secretary of Homeland Security shall jointly, and in 
     consultation with the Secretary of Labor, the United States 
     Trade Representative, the Secretary of State, and the 
     Director of National Intelligence, develop a strategy for 
     preventing the importation into the United States of goods 
     mined, produced, or manufactured wholly or in part with 
     forced labor in the People's Republic of China.
       (d) Elements.--The strategy developed under subsection (c) 
     shall include the following:
       (1) A comprehensive assessment of the risk of importing 
     goods mined, produced, or manufactured wholly or in part with 
     forced labor in the People's Republic of China, including 
     from the Xinjiang Uyghur Autonomous Region or made by 
     Uyghurs, Kazakhs, Kyrgyz, Tibetans, or members of other 
     persecuted groups in any other part of the People's Republic 
     of China, that identifies, to the extent feasible--
       (A) threats, including through the potential involvement in 
     supply chains of entities that may use forced labor, that 
     could lead to the importation into the United States from the 
     People's Republic of China, including through third 
     countries, of goods mined, produced, or manufactured wholly 
     or in part with forced labor; and
       (B) what procedures can be implemented or improved to 
     reduce such threats.
       (2) A comprehensive description and evaluation--
       (A) of ``pairing assistance'' and ``poverty alleviation'' 
     or any other government labor scheme that includes the forced 
     labor of Uyghurs, Kazakhs, Kyrgyz, Tibetans, or members of 
     other persecuted groups outside of the Xinjiang Uyghur 
     Autonomous Region or similar programs of the People's 
     Republic of China in which work or services are extracted 
     from Uyghurs, Kazakhs, Kyrgyz, Tibetans, or members of other 
     persecuted groups through the threat of penalty or for which 
     the Uyghurs, Kazakhs, Kyrgyz, Tibetans, or members of other 
     persecuted groups have not offered themselves voluntarily; 
     and
       (B) that includes--
       (i) a list of entities working with the government of the 
     Xinjiang Uyghur Autonomous Region to move forced labor or 
     Uyghurs, Kazakhs, Kyrgyz, or members of other persecuted 
     groups out of the Xinjiang Uyghur Autonomous Region;
       (ii) a list of products mined, produced, or manufactured 
     wholly or in part by entities on the list required by clause 
     (i);
       (iii) a list of entities that exported products described 
     in clause (ii) from the People's Republic of China into the 
     United States;
       (iv) a list of facilities and entities, including the 
     Xinjiang Production and Construction Corps, that source 
     material from the Xinjiang Uyghur Autonomous Region or from 
     persons working with the government of the Xinjiang Uyghur 
     Autonomous Region or the Xinjiang Production and Construction 
     Corps for purposes of the ``poverty alleviation'' program or 
     the ``pairing-assistance'' program or any other government 
     labor scheme that uses forced or involuntary labor;
       (v) a plan for identifying additional facilities and 
     entities described in clause (iv);
       (vi) a enforcement plan for each such entity, which may 
     include issuing withhold release orders to support 
     enforcement of section 1294 with respect to the entity;
       (vii) a list of high-priority sectors for enforcement, 
     which shall include cotton, tomatoes, and polysilicon; and
       (viii) an enforcement plan for each such high-priority 
     sector.
       (3) Recommendations for efforts, initiatives, and tools and 
     technologies to be adopted to ensure that U.S. Customs and 
     Border Protection can accurately identify and trace goods 
     made in the Xinjiang Uyghur Autonomous Region entering at any 
     of the ports of the United States.
       (4) A description of how U.S. Customs and Border Protection 
     plans to enhance its use of legal authorities and other tools 
     to ensure that no goods are entered at any of the ports of 
     the United States in violation of section 307 of the Tariff 
     Act of 1930 (19 U.S.C. 1307), including through the 
     initiation of pilot programs to test the viability of 
     technologies to assist in the examination of such goods.
       (5) Guidance to importers with respect to--
       (A) due diligence, effective supply chain tracing, and 
     supply chain management measures to ensure that such 
     importers do not import any goods mined, produced, or 
     manufactured wholly or in part with forced labor from the 
     People's Republic of China, especially from the Xinjiang 
     Uyghur Autonomous Region;
       (B) the type, nature, and extent of evidence that 
     demonstrates that goods originating in the People's Republic 
     of China were not mined, produced, or manufactured wholly or 
     in part in the Xinjiang Uyghur Autonomous Region; and
       (C) the type, nature, and extent of evidence that 
     demonstrates that goods originating in the People's Republic 
     of China, including goods detained or seized pursuant to 
     section 307 of the Tariff Act of 1930 (19 U.S.C. 1307), were 
     not mined, produced, or manufactured wholly or in part with 
     forced labor.
       (6) A plan to coordinate and collaborate with appropriate 
     nongovernmental organizations and private sector entities to 
     implement and update the strategy developed under subsection 
     (c).
       (e) Submission of Strategy.--
       (1) In general.--Not later than 270 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of Labor, the United States Trade Representative, 
     and the Secretary of State, shall submit to the appropriate 
     congressional committees a report that--
       (A) in the case of the first such report, sets forth the 
     strategy developed under subsection (c); and
       (B) in the case of any subsequent such report, sets forth 
     any updates to the strategy.
       (2) Updates of certain matters.--Not less frequently than 
     annually after the submission under paragraph (1)(A) of the 
     strategy developed under subsection (c), the Secretary shall 
     submit to the appropriate congressional committees updates to 
     the strategy with respect to the matters described in clauses 
     (i) through (vi) of subsection (d)(2)(B).
       (3) Form of report.--Each report required by paragraph (1) 
     shall be submitted in unclassified form, but may include a 
     classified annex, if necessary.
       (4) Public availability.--The unclassified portion of each 
     report required by paragraph (1) shall be made available to 
     the public.
       (f) Rule of Construction.--Nothing in this section may be 
     construed to limit the application of regulations in effect 
     on or measures taken before the date of the enactment of this 
     Act to prevent the importation of goods mined, produced, or 
     manufactured wholly or in part with forced labor into the 
     United States, including withhold release orders issued 
     before such date of enactment.

     SEC. 1294. REBUTTABLE PRESUMPTION THAT IMPORT PROHIBITION 
                   APPLIES TO GOODS MINED, PRODUCED, OR 
                   MANUFACTURED IN THE XINJIANG UYGHUR AUTONOMOUS 
                   REGION OR BY CERTAIN ENTITIES.

       (a) In General.--The Commissioner of U.S. Customs and 
     Border Protection shall, except as provided by subsection 
     (b), apply a presumption that, with respect to any goods, 
     wares, articles, and merchandise mined, produced, or 
     manufactured wholly or in part in the Xinjiang Uyghur 
     Autonomous Region of the People's Republic of China or 
     produced by an entity on a list required by clause (i), 
     (iii), or (iv) of section 1293(d)(2)(B)--
       (1) the importation of such goods, wares, articles, and 
     merchandise is prohibited under section 307 of the Tariff Act 
     of 1930 (19 U.S.C. 1307); and
       (2) such goods, wares, articles, and merchandise are not 
     entitled to entry at any of the ports of the United States.
       (b) Exceptions.--The Commissioner shall apply the 
     presumption under subsection (a) unless the Commissioner 
     determines that--
       (1) the importer of record has--
       (A) fully complied with the guidance described in section 
     1293(d)(5) and any regulations issued to implement that 
     guidance; and
       (B) completely and substantively responded to all inquiries 
     for information submitted by the Commissioner to ascertain 
     whether the goods were mined, produced, or manufactured 
     wholly or in part with forced labor; and
       (2) the good was not mined, produced, or manufactured 
     wholly or in part by forced labor.
       (c) Report Required.--Not less frequently than every 180 
     days, the Commissioner shall submit to the appropriate 
     congressional committees and make available to the public a 
     report that lists all instances in which the Commissioner 
     declined to apply the presumption under subsection (a) during 
     the preceding 180-day period.
       (d) Regulations.--The Commissioner may prescribe 
     regulations--
       (1) to implement paragraphs (1) and (2) of subsection (b); 
     or
       (2) to amend any other regulations relating to withhold 
     release orders in order to implement this section.
       (e) Effective Date.--This section takes effect on the date 
     that is 180 days after the date of the enactment of this Act.

     SEC. 1295. DIPLOMATIC STRATEGY TO ADDRESS FORCED LABOR IN THE 
                   XINJIANG UYGHUR AUTONOMOUS REGION.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     coordination with the heads of other appropriate Federal 
     agencies, shall submit to the appropriate congressional 
     committees a report that includes a United States strategy to 
     promote initiatives to enhance international awareness of and 
     to address forced labor in the Xinjiang

[[Page S7870]]

     Uyghur Autonomous Region of the People's Republic of China.
       (b) Matters To Be Included.--The Secretary shall include in 
     the report required by subsection (a) the following:
       (1) A plan to enhance bilateral and multilateral 
     coordination, including sustained engagement with the 
     governments of countries that are partners and allies of the 
     United States, to end the use of Uyghurs, Kazakhs, Kyrgyz, 
     Tibetans, and members of other persecuted groups in the 
     Xinjiang Uyghur Autonomous Region for forced labor.
       (2) A description of public affairs, public diplomacy, and 
     counter-messaging efforts to promote awareness of the human 
     rights situation, including with respect to forced labor, in 
     the Xinjiang Uyghur Autonomous Region.
       (3) A plan--
       (A) to coordinate and collaborate with appropriate 
     nongovernmental organizations and private sector entities to 
     raise awareness about goods mined, produced, or manufactured 
     wholly or in part with forced labor in the Xinjiang Uyghur 
     Autonomous Region; and
       (B) to provide humanitarian assistance, including with 
     respect to resettlement and advocacy for imprisoned family 
     members, to Uyghurs, Kazakhs, Kyrgyz, Tibetans, and members 
     of other persecuted groups, including members of such groups 
     formerly detained in mass internment camps in the Xinjiang 
     Uyghur Autonomous Region.
       (c) Additional Matters To Be Included.--The Secretary shall 
     include in the report required by subsection (a), based on 
     consultations with the Secretary of Commerce, the Secretary 
     of Homeland Security, and the Secretary of the Treasury, the 
     following:
       (1) To the extent practicable, a list of--
       (A) entities in the People's Republic of China or 
     affiliates of such entities that use or benefit from forced 
     labor in the Xinjiang Uyghur Autonomous Region; and
       (B) foreign persons that act as agents of the entities or 
     affiliates described in subparagraph (A) to import goods into 
     the United States.
       (2) A plan for working with private sector entities seeking 
     to conduct supply chain due diligence to prevent the 
     importation of goods mined, produced, or manufactured wholly 
     or in part with forced labor into the United States.
       (3) A description of actions taken by the United States 
     Government to address forced labor in the Xinjiang Uyghur 
     Autonomous Region under existing authorities, including--
       (A) the Trafficking Victims Protection Act of 2000 (22 
     U.S.C. 7101 et seq.);
       (B) the Elie Wiesel Genocide and Atrocities Prevention Act 
     of 2018 (Public Law 115-441; 22 U.S.C. 2656 note); and
       (C) the Global Magnitsky Human Rights Accountability Act 
     (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 
     2656 note).
       (d) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex, if necessary.

     SEC. 1296. IMPOSITION OF SANCTIONS RELATING TO FORCED LABOR 
                   IN THE XINJIANG UYGHUR AUTONOMOUS REGION.

       (a) In General.--Section 6(a)(1) of the Uyghur Human Rights 
     Policy Act of 2020 (Public Law 116-145; 22 U.S.C. 6901 note) 
     is amended by adding at the end the following:
       ``(F) Serious human rights abuses in connection with forced 
     labor.''.
       (b) Effective Date; Applicability.--The amendment made by 
     subsection (a)--
       (1) takes effect on the date of the enactment of this Act; 
     and
       (2) applies with respect to the first report required by 
     section 6(a)(1) of the Uyghur Human Rights Policy Act of 2020 
     submitted after such date of enactment.
       (c) Transition Rule.--
       (1) Interim report.--Not later than 180 days after the date 
     of the enactment of this Act, the President shall submit to 
     the committees specified in section 6(a)(1) of the Uyghur 
     Human Rights Policy Act of 2020 a report that identifies each 
     foreign person, including any official of the Government of 
     the People's Republic of China, that the President determines 
     is responsible for serious human rights abuses in connection 
     with forced labor with respect to Uyghurs, Kazakhs, Kyrgyz, 
     or members of other Muslim minority groups, or other persons 
     in the Xinjiang Uyghur Autonomous Region.
       (2) Imposition of sanctions.--The President shall impose 
     sanctions under subsection (c) of section 6 of the Uyghur 
     Human Rights Policy Act of 2020 with respect to each foreign 
     person identified in the report required by paragraph (1), 
     subject to the provisions of subsections (d), (e), (f), and 
     (g) of that section.

     SEC. 1297. SUNSET.

       Sections 1293, 1294, and 1295 shall cease to have effect on 
     the earlier of--
       (1) the date that is 8 years after the date of the 
     enactment of this Act; or
       (2) the date on which the President submits to the 
     appropriate congressional committees a determination that the 
     Government of the People's Republic of China has ended mass 
     internment, forced labor, and any other gross violations of 
     human rights experienced by Uyghurs, Kazakhs, Kyrgyz, 
     Tibetans, and members of other persecuted groups in the 
     Xinjiang Uyghur Autonomous Region.

     SEC. 1298. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Affairs, the Committee on 
     Financial Services, the Committee on Ways and Means, and the 
     Committee on Homeland Security of the House of 
     Representatives; and
       (B) the Committee on Foreign Relations, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on 
     Finance, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate.
       (2) Forced labor.--The term ``forced labor''--
       (A) has the meaning given that term in section 307 of the 
     Tariff Act of 1930 (19 U.S.C. 1307); and
       (B) includes convict labor and indentured labor under penal 
     sanctions.
       (3) Foreign person.--The term ``foreign person'' means a 
     person that is not a United States person.
       (4) Person.--The term ``person'' means an individual or 
     entity.
       (5) 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.
                                 ______
                                 
  SA 4331. Mr. RUBIO (for himself and Mr. Cardin) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title XII, add the following:

  Subtitle H--South China Sea and East China Sea Sanctions Act of 2021

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``South China Sea and 
     East China Sea Sanctions Act of 2021''.

     SEC. 1292. SANCTIONS WITH RESPECT TO CHINESE PERSONS 
                   RESPONSIBLE FOR CHINA'S ACTIVITIES IN THE SOUTH 
                   CHINA SEA AND THE EAST CHINA SEA.

       (a) Initial Imposition of Sanctions.--On and after the date 
     that is 120 days after the date of the enactment of this Act, 
     the President may impose the sanctions described in 
     subsection (b) with respect to any Chinese person, including 
     any senior official of the Government of the People's 
     Republic of China, that the President determines--
       (1) is responsible for or significantly contributes to 
     large-scale reclamation, construction, militarization, or 
     ongoing supply of outposts in disputed areas of the South 
     China Sea;
       (2) is responsible for or significantly contributes to, or 
     has engaged in, directly or indirectly, actions, including 
     the use of coercion, to inhibit another country from 
     protecting its sovereign rights to access offshore resources 
     in the South China Sea, including in such country's exclusive 
     economic zone, consistent with such country's rights and 
     obligations under international law;
       (3) is responsible for or complicit in, or has engaged in, 
     directly or indirectly, actions that significantly threaten 
     the peace, security, or stability of disputed areas of the 
     South China Sea or areas of the East China Sea administered 
     by Japan or the Republic of Korea, including through the use 
     of vessels and aircraft by the People's Republic of China to 
     occupy or conduct extensive research or drilling activity in 
     those areas;
       (4) has materially assisted, sponsored, or provided 
     financial, material, or technological support for, or goods 
     or services to, or in support of, any person subject to 
     sanctions pursuant to paragraph (1), (2), or (3); or
       (5) is owned or controlled by, or has acted for or on 
     behalf of, directly or indirectly, any person subject to 
     sanctions pursuant to paragraph (1), (2), or (3).
       (b) Sanctions Described.--The sanctions that may be imposed 
     with respect to a person described in subsection (a) are the 
     following:
       (1) Blocking of property.--The President may, in accordance 
     with the International Emergency Economic Powers Act (50 
     U.S.C. 1701 et seq.), block and prohibit all transactions in 
     all property and interests in property of the person if such 
     property and interests in property are in the United States, 
     come within the United States, or are or come within the 
     possession or control of a United States person.
       (2) Ineligibility for visas, admission, or parole.--
       (A) Visas, admission, or parole.--In the case of an alien, 
     the alien may be--
       (i) inadmissible to the United States;
       (ii) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--An alien described in subparagraph (A) may 
     be subject to revocation of any visa or other entry 
     documentation regardless of when the visa or other entry 
     documentation is or was issued.

[[Page S7871]]

       (ii) Immediate effect.--A revocation under clause (i) may--

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

       (3) 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, the person.
       (4) 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 the person under--
       (A) the Export Control Reform Act of 2018 (50 U.S.C. 4801 
     et seq.); or
       (B) 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.
       (5) Inclusion on entity list.--The President may include 
     the entity on the entity 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, for activities contrary to the 
     national security or foreign policy interests of the United 
     States.
       (6) Ban on investment in equity or debt of sanctioned 
     person.--The President may, pursuant to such regulations or 
     guidelines as the President may prescribe, prohibit any 
     United States person from investing in or purchasing equity 
     or debt instruments of the person.
       (7) Banking transactions.--The President may, pursuant to 
     such regulations as the President may prescribe, 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 the person.
       (8) Correspondent and payable-through accounts.--In the 
     case of a foreign financial institution, the President may 
     prohibit the opening, and prohibit or impose strict 
     conditions on the maintaining, in the United States of a 
     correspondent account or a payable-through account by the 
     foreign financial institution.
       (c) Exceptions.--
       (1) Inapplicability of national emergency requirement.--The 
     requirements of section 202 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701) shall not apply for 
     purposes of subsection (b)(1).
       (2) Exception for intelligence, law enforcement, and 
     national security activities.--Sanctions under this section 
     shall not apply to any authorized intelligence, law 
     enforcement, or national security activities of the United 
     States.
       (3) Compliance with united nations headquarters 
     agreement.--Paragraphs (2) and (3) of subsection (b) shall 
     not apply if admission of an alien to 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.
       (4) Exception relating to importation of goods.--
       (A) In general.--The authority or a requirement to impose 
     sanctions under this section shall not include the authority 
     or a requirement to impose sanctions on the importation of 
     goods.
       (B) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment, and excluding technical data.
       (d) Implementation; Penalties.--
       (1) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out this section.
       (2) Penalties.--The penalties provided for in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
     that violates, attempts to violate, conspires to violate, or 
     causes a violation of regulations prescribed under subsection 
     (b)(1) to the same extent that such penalties apply to a 
     person that commits an unlawful act described in subsection 
     (a) of such section 206.
       (e) Definitions.--In this section:
       (1) Account; correspondent account; payable-through 
     account.--The terms ``account'', ``correspondent account'', 
     and ``payable-through account'' have the meanings given those 
     terms in section 5318A of title 31, United States Code.
       (2) Alien.--The term ``alien'' has the meaning given that 
     term in section 101(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)).
       (3) Chinese person.--The term ``Chinese person'' means--
       (A) an individual who is a citizen or national of the 
     People's Republic of China; or
       (B) an entity organized under the laws of the People's 
     Republic of China or otherwise subject to the jurisdiction of 
     the Government of the People's Republic of China.
       (4) Financial institution.--The term ``financial 
     institution'' means a financial institution specified in 
     subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), 
     (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 
     5312(a)(2) of title 31, United States Code.
       (5) Foreign financial institution.--The term ``foreign 
     financial institution'' has the meaning given that term in 
     section 1010.605 of title 31, Code of Federal Regulations (or 
     any corresponding similar regulation or ruling).
       (6) Person.--The term ``person'' means any individual or 
     entity.
       (7) 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;
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States, including a 
     foreign branch of such an entity; or
       (C) any person in the United States.

     SEC. 1293. REPORT ON COUNTRIES THAT RECOGNIZE CHINESE 
                   SOVEREIGNTY OVER THE SOUTH CHINA SEA OR THE 
                   EAST CHINA SEA.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, and annually thereafter until the 
     date that is 3 years after such date of enactment, the 
     Secretary of State shall submit to the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives a report identifying each 
     country that the Secretary determines has taken an official 
     and stated position to recognize, after such date of 
     enactment, the sovereignty of the People's Republic of China 
     over territory or airspace disputed by one or more countries 
     in the South China Sea or the territory or airspace of areas 
     of the East China Sea administered by Japan or the Republic 
     of Korea.
       (b) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex if the Secretary of State determines it is necessary 
     for the national security interests of the United States to 
     do so.
       (c) Public Availability.--The Secretary of State shall 
     publish the unclassified part of the report required by 
     subsection (a) on a publicly available website of the 
     Department of State.
                                 ______
                                 
  SA 4332. Mr. RUBIO (for himself, Ms. Cantwell, Mrs. Blackburn, Ms. 
Rosen, Ms. Collins, Mr. Crapo, and Ms. Hassan) submitted an amendment 
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and 
intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SECTION 1283. UNITED STATES-ISRAEL ARTIFICIAL INTELLIGENCE 
                   CENTER.

       (a) Short Title.--This section may be cited as the ``United 
     States-Israel Artificial Intelligence Center Act''.
       (b) Establishment of Center.--The Secretary of State, in 
     consultation with the Secretary of Commerce, the Director of 
     the National Science Foundation, and the heads of other 
     relevant Federal agencies, shall establish the United States-
     Israel Artificial Intelligence Center (referred to in this 
     section as the ``Center'') in the United States.
       (c) Purpose.--The purpose of the Center shall be to 
     leverage the experience, knowledge, and expertise of 
     institutions of higher education and private sector entities 
     in the United States and Israel to develop more robust 
     research and development cooperation in the areas of--
       (1) machine learning;
       (2) image classification;
       (3) object detection;
       (4) speech recognition;
       (5) natural language processing;
       (6) data labeling;
       (7) computer vision; and
       (8) model explainability and interpretability.
       (d) Artificial Intelligence Principles.--In carrying out 
     the purposes set forth in subsection (c), the Center shall 
     adhere to the principles for the use of artificial 
     intelligence in the Federal Government set forth in section 3 
     of Executive Order 13960 (85 Fed. Reg. 78939).
       (e) International Partnerships.--
       (1) In general.--The Secretary of State and the heads of 
     other relevant Federal agencies, subject to the availability 
     of appropriations, may enter into cooperative agreements 
     supporting and enhancing dialogue and planning involving 
     international partnerships between the Department of State or 
     such agencies and the Government of Israel and its 
     ministries, offices, and institutions.
       (2) Federal share.--Not more than 50 percent of the costs 
     of implementing the agreements entered into pursuant to 
     paragraph (1) may be paid by the United States Government.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Center $10,000,000 for each of the 
     fiscal years 2022 through 2026.
                                 ______
                                 
  SA 4333. Mr. RUBIO (for himself and Ms. Warren) submitted an 
amendment

[[Page S7872]]

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

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

     SEC. 857. RISK MANAGEMENT FOR DEPARTMENT OF DEFENSE SUPPLY 
                   CHAINS.

       (a) Risk Management for All Department of Defense Supply 
     Chains.--Not later than 180 days after the date of the 
     enactment of this Act, the Under Secretary of Defense for 
     Acquisition and Sustainment shall--
       (1) develop and issue implementing guidance for risk 
     management for Department of Defense supply chains for 
     materiel for the Department, including pharmaceuticals;
       (2) identify, in coordination with the Commissioner of Food 
     and Drugs, supply chain information gaps regarding reliance 
     on foreign suppliers of drugs, including active 
     pharmaceutical ingredients and final drug products; and
       (3) submit to Congress a report regarding--
       (A) existing information streams, if any, that may be used 
     to assess the reliance by the Department of Defense on high-
     risk foreign suppliers of drugs;
       (B) vulnerabilities in the drug supply chains of the 
     Department of Defense; and
       (C) any recommendations to address--
       (i) information gaps identified under paragraph (2); and
       (ii) any risks related to such reliance on foreign 
     suppliers.
       (b) Risk Management for Department of Defense 
     Pharmaceutical Supply Chain.--The Director of the Defense 
     Health Agency shall--
       (1) not later than one year after the issuance of the 
     guidance required by subsection (a)(1), develop and publish 
     implementing guidance for risk management for the Department 
     of Defense supply chain for pharmaceuticals; and
       (2) establish a working group--
       (A) to assess risks to the pharmaceutical supply chain;
       (B) to identify the pharmaceuticals most critical to 
     beneficiary care at military treatment facilities; and
       (C) to establish policies for allocating scarce 
     pharmaceutical resources in case of a supply disruption.
       (c) Responsiveness Testing of Defense Logistics Agency 
     Pharmaceutical Contracts.--The Director of the Defense 
     Logistics Agency shall modify Defense Logistics Agency 
     Instructions 5025.03 and 3110.01--
       (1) to require Defense Logistics Agency Troop Support to 
     coordinate annually with customers in the military 
     departments to conduct responsiveness testing of the Defense 
     Logistics Agency's contingency contracts for pharmaceuticals; 
     and
       (2) to include the results of that testing, as reported by 
     customers in the military departments, in the annual reports 
     of the Warstopper Program.
                                 ______
                                 
  SA 4334. Mr. RUBIO (for himself and Mr. Warnock) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1424. EXPANSION OF DECLARATIONS REQUIRED BY THE 
                   COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED 
                   STATES.

       Section 721(b)(1)(C)(v)(IV)(cc) of the Defense Production 
     Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)(cc)) is amended 
     by striking ``subsection (a)(4)(B)(iii)(II)'' and inserting 
     ``subclause (II) or (III) of subsection (a)(4)(B)(iii)''.
                                 ______
                                 
  SA 4335. Mr. RUBIO (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1064. INTERAGENCY REVIEW TO EVALUATE AND IDENTIFY 
                   OPPORTUNITIES FOR THE ACCELERATION OF RESEARCH 
                   ON WOMEN AND LUNG CANCER, GREATER ACCESS TO 
                   PREVENTIVE SERVICES, AND STRATEGIC PUBLIC 
                   AWARENESS AND EDUCATION CAMPAIGNS.

       (a) In General.--The Secretary of Health and Human 
     Services, in consultation with the Secretary of Defense and 
     Secretary of Veterans Affairs, shall conduct an interagency 
     review to evaluate the status of, and identify opportunities 
     related to--
       (1) research on women and lung cancer;
       (2) access to lung cancer preventive services; and
       (3) strategic public awareness and education campaigns on 
     lung cancer.
       (b) Content.--The review and recommendations under 
     subsection (a) shall include--
       (1) a review and comprehensive report on the outcomes of 
     previous research, the status of existing research 
     activities, and knowledge gaps related to women and lung 
     cancer in all agencies of the Federal Government;
       (2) specific opportunities for collaborative, interagency, 
     multidisciplinary, and innovative research, that would--
       (A) encourage innovative approaches to eliminate knowledge 
     gaps in research;
       (B) evaluate environmental and genomic factors that may be 
     related to the etiology of lung cancer in women; and
       (C) foster advances in imaging technology to improve risk 
     assessment, diagnosis, treatment, and the simultaneous 
     application of other preventive services;
       (3) opportunities regarding the development of a national 
     lung cancer screening strategy with sufficient infrastructure 
     and personnel resources to expand access to such screening, 
     particularly among underserved populations; and
       (4) opportunities regarding the development of a national 
     public education and awareness campaign on women and lung 
     cancer and the importance of early detection of lung cancer.
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Health and Human 
     Services shall submit to Congress a report on the review 
     conducted under subsection (a).
                                 ______
                                 
  SA 4336. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. REPORT ON FOREIGN INVESTMENT IN SBIR AND STTR 
                   FIRMS.

       (a) Definitions.--In this section, the terms ``Phase I'', 
     ``Phase II'', ``Phase III'', ``SBIR'', and ``STTR'' have the 
     meanings given those terms in section 9(e) of the Small 
     Business Act (15 U.S.C. 638(e)).
       (b) Report Required.--Not later than 1 year after the date 
     of enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report regarding 
     foreign investment in SBIR and STTR awardees.
       (c) Elements.--The report required under subsection (b) 
     shall, to the extent practicable, include an assessment of--
       (1) the pervasiveness of foreign investment in firms 
     receiving SBIR and STTR awards, including--
       (A) the number or percentage of those firms that have 
     accepted foreign investment before receiving such an award or 
     during the performance of such an award; and
       (B) the number or percentage of those firms in which 
     foreign individuals or entities have a minority ownership 
     stake;
       (2) the extent to which SBIR and STTR awardees are being 
     targeted by foreign investors, including investors with ties 
     to the People's Republic of China or the Russian Federation, 
     for additional funding or investment before, during, or after 
     concluding Phase I, Phase II, or Phase III;
       (3) the extent to which former SBIR and STTR awardees are 
     conducting final-stage research and product commercialization 
     outside of the United States;
       (4) the extent to which SBIR and STTR awardees are 
     experiencing or have experienced theft of Government-funded 
     research and development by foreign investors or actors;
       (5) the extent to which existing ownership disclosure 
     requirements are effective in protecting Federal research and 
     development funds from theft or foreign transfer;
       (6) the extent to which SBIR and STTR awardees being 
     targeted by foreign investors poses supply chain risks and 
     threats to the national security of the United States;
       (7) recommendations for further protecting Federal research 
     and development funds from foreign theft or influence; and
       (8) recommendations for protecting SBIR and STTR awardees 
     from foreign targeting or theft of the intellectual property 
     of those awardees.
                                 ______
                                 
  SA 4337. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to

[[Page S7873]]

the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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. REPORT ON COMPETITION WITH THE PEOPLE'S REPUBLIC 
                   OF CHINA AND THE RUSSIAN FEDERATION REGARDING 
                   SPACE-RELATED INVESTMENTS.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the National Space Council 
     shall submit to Congress a report on competition with the 
     People's Republic of China and the Russian Federation 
     regarding space-related investments.
       (b) Elements.--The report required under subsection (a) 
     shall include the following:
       (1) A description of commercial investment activity by the 
     People's Republic of China and the Russian Federation to 
     produce technology and devices for space activities or 
     programs.
       (2) An assessment of military-civil fusion activities in 
     the People's Republic of China and in the Russian Federation 
     regarding space-related investments.
       (3) An assessment of and recommendations to strengthen the 
     ability of the United States to protect domestically produced 
     intellectual property and critical technology regarding 
     space-related investments from exportation, transfer, and 
     foreign theft or imitation, particularly from entities 
     affiliated with the Government of the People's Republic of 
     China or the Government of the Russian Federation.
       (4) A review and assessment of the research, technology, 
     and commercial ties of the United States with the People's 
     Republic of China and the Russian Federation regarding space-
     related investments.
       (5) An interagency strategy to defend supply chains of the 
     United States that are critical to competitiveness in space.
                                 ______
                                 
  SA 4338. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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. REPORT ON TRADE POLICIES OF PEOPLE'S REPUBLIC OF 
                   CHINA WITH RESPECT TO AFRICA.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the United States Trade 
     Representative shall submit to Congress a report on the trade 
     policies of the Government of the People's Republic of China 
     with respect to Africa.
       (b) Elements.--The report required by subsection (a) shall 
     include an assessment of the following:
       (1) The use by the Government of the People's Republic of 
     China of preferential duty treatment for goods imported into 
     the People's Republic of China from beneficiary sub-Saharan 
     African countries, including--
       (A) the extent to which beneficiary sub-Saharan African 
     countries obtain the benefit of favorable trade policies of 
     the Government of the People's Republic of China; and
       (B) whether the Government of the People's Republic of 
     China is using such policies to circumvent United States 
     trade policies.
       (2) The activities conducted under the Belt and Road 
     Initiative in Africa, including investment by the Government 
     of the People's Republic of China in supply chains related to 
     raw materials and natural resources, commodities, 
     telecommunications, emerging technologies, agriculture, 
     energy, and national security.
       (3) The use by the Government of the People's Republic of 
     China of resource-backed loans for economic exploitation and 
     dependency in Africa.
       (4) Recommendations for strengthening United States supply 
     chains and trade relationships with beneficiary sub-Saharan 
     African countries.
       (c) Beneficiary Sub-Saharan African Country Defined.--In 
     this section, the term ``beneficiary sub-Saharan African 
     country'' has the meaning given that term in section 506A of 
     the Trade Act of 1974 (19 U.S.C. 2466a).
                                 ______
                                 
  SA 4339. Mr. RUBIO (for himself, Mr. Scott of Florida, Mr. Toomey, 
Mr. Whitehouse, Mrs. Murray, and Mr. Lankford) submitted an amendment 
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and 
intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1064. MAKING DAYLIGHT SAVING TIME PERMANENT.

       (a) Short Title.--This section may be cited as the 
     ``Sunshine Protection Act of 2021''.
       (b) Repeal of Temporary Period for Daylight Saving Time.--
     Section 3 of the Uniform Time Act of 1966 (15 U.S.C. 260a) is 
     hereby repealed.
       (c) Advancement of Standard Time.--
       (1) In general.--The second sentence of subsection (a) of 
     the first section of the Act of March 19, 1918 (commonly 
     known as the ``Calder Act'') (15 U.S.C. 261), is amended--
       (A) by striking ``4 hours'' and inserting ``3 hours'';
       (B) by striking ``5 hours'' and inserting ``4 hours'';
       (C) by striking ``6 hours'' and inserting ``5 hours'';
       (D) by striking ``7 hours'' and inserting ``6 hours'';
       (E) by striking ``8 hours'' and inserting ``by 7 hours'';
       (F) by striking ``9 hours'' and inserting ``8 hours'';
       (G) by striking ``10 hours;'' and inserting ``9 hours;'';
       (H) by striking ``11 hours'' and inserting ``10 hours''; 
     and
       (I) by striking ``10 hours.'' and inserting ``11 hours.''.
       (2) State exemption.--The first section of the Act of March 
     19, 1918 (commonly known as the ``Calder Act'') (15 U.S.C. 
     261) is further amended by--
       (A) redesignating subsection (b) as subsection (c); and
       (B) inserting after subsection (a) the following:
       ``(b) Standard Time for Certain States and Areas.--The 
     standard time for a State that has exempted itself from the 
     provisions of section 3(a) of the Uniform Time Act of 1966 
     (15 U.S.C. 260a(a)), as in effect on the day before the date 
     of the enactment of the Sunshine Protection Act of 2021, 
     pursuant to such section or an area of a State that has 
     exempted such area from such provisions pursuant to such 
     section shall be, as such State considers appropriate--
       ``(1) the standard time for such State or area, as the case 
     may be, pursuant to subsection (a) of this section; or
       ``(2) the standard time for such State or area, as the case 
     may be, pursuant to subsection (a) of this section as it was 
     in effect on the day before the date of the enactment of the 
     Sunshine Protection Act of 2021.''.
       (3) Conforming amendment.--The first section of the Act of 
     March 19, 1918 (commonly known as the ``Calder Act'') (15 
     U.S.C. 261) is further amended, in the second sentence, by 
     striking ``Except as provided in section 3(a) of the Uniform 
     Time Act of 1966 (15 U.S.C. 260a(a)), the'' and inserting 
     ``Except as provided in subsection (b),''.
       (4) Effective date.--This section and the amendments made 
     by this section take effect on November 6, 2022.
                                 ______
                                 
  SA 4340. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of title VI, add the following:

     SEC. 607. MODIFICATIONS TO TRANSITIONAL COMPENSATION FOR 
                   DEPENDENTS OF MEMBERS SEPARATED FOR DEPENDENT 
                   ABUSE.

       (a) Covered Punitive Actions.--Subsection (b) of section 
     1059 of title 10, United States Code, is amended--
       (1) in paragraph (1)(B), by striking ``; or'' and inserting 
     a semicolon;
       (2) in paragraph (2), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following new paragraph:
       ``(3) who is--
       ``(A) convicted of a dependent-abuse offense in a district 
     court of the United States or a State court; and
       ``(B) separated from active duty pursuant to a sentence of 
     a court-martial, or administratively separated, voluntarily 
     or involuntarily, from active duty, for an offense other than 
     the dependent-abuse offense; or
       ``(4) who is--
       ``(A) accused but not convicted of a dependent-abuse 
     offense;
       ``(B) determined, as a result of a review by the commander 
     of the member and based on a preponderance of evidence, to 
     have committed the dependent-abuse offense; and
       ``(C) required to forfeit all pay and allowances pursuant 
     to a sentence of a court-martial for an offense other than 
     the dependent-abuse offense.''.
       (b) Recipients of Payments.--Subsection (d) of such section 
     is amended--
       (1) in paragraph (1), by striking ``resulting in the 
     separation'' and inserting ``referred to in subsection (b)''; 
     and
       (2) in paragraph (4)--
       (A) by striking ``determined as of the date'' and inserting 
     the following: ``determined--

[[Page S7874]]

       ``(A) as of the date'';
       (B) by striking ``offense or, in a case'' and inserting the 
     following: ``offense;
       ``(B) in a case'';
       (C) by striking the period at the end and inserting ``; 
     or''; and
       (D) by adding at the end the following new subparagraph:
       ``(C) in a case described in subsection (b)(4), as of, as 
     applicable--
       ``(i) the first date on which the individual is held in 
     pretrial confinement relating to the dependent-abuse offense 
     of which the individual is accused after the 7-day review of 
     pretrial confinement required by Rule 305(i)(2) of the Rules 
     for Courts-Martial; or
       ``(ii) the date on which a review by a commander of the 
     individual determines there is probable cause that the 
     individual has committed that offense.''.
       (c) Commencement of Payment.--Subsection (e)(1) of such 
     section is amended--
       (1) in subparagraph (A)--
       (A) in the matter preceding clause (i), by inserting after 
     ``offense'' the following: ``or an offense described in 
     subsection (b)(3)(B)'';
       (B) in clause (ii), by striking ``; and'' and inserting a 
     semicolon;
       (2) in subparagraph (B)--
       (A) by striking ``(if the basis'' and all that follows 
     through ``offense)''
       (B) by striking the period at the end and inserting a 
     semicolon; and
       (3) by adding at the end the following new subparagraph:
       ``(C) in the case of a member described in subsection 
     (b)(4), shall commence as of, as applicable--
       ``(i) the first date on which the member is held in 
     pretrial confinement relating to the dependent-abuse offense 
     of which the member is accused after the 7-day review of 
     pretrial confinement required by Rule 305(i)(2) of the Rules 
     for Courts-Martial; or
       ``(ii) the date on which a review by a commander of the 
     member determines there is probable cause that the member has 
     committed that offense.''.
       (d) Definition of Dependent Child.--Subsection (l) of such 
     section is amended, in the matter preceding paragraph (1)--
       (1) by striking ``resulting in the separation of the former 
     member or'' and inserting ``referred to in subsection (b) 
     or''; and
       (2) by striking ``resulting in the separation of the former 
     member and'' and inserting ``and''.
       (e) Delegation of Determinations Relating to Exceptional 
     Eligibility.--Subsection (m)(4) of such section is amended to 
     read as follows:
       ``(4) The Secretary concerned may delegate the authority 
     under paragraph (1) to authorize eligibility for benefits 
     under this section for dependents and former dependents of a 
     member or former member to the first general or flag officer 
     (or civilian equivalent) in the chain of command of the 
     member.''.
                                 ______
                                 
  SA 4341. Mr. RUBIO (for himself and Mr. Wicker) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1023. NOTIFICATION TO CONGRESS AND COASTAL STATES OF 
                   PENDING ACTION TO STRIKE FROM THE NAVAL VESSEL 
                   REGISTER NAVAL VESSELS THAT ARE VIABLE 
                   CANDIDATES FOR ARTIFICIAL REEFING.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Secretary of the Navy should explore and solicit 
     artificial reefing opportunities with appropriate entities 
     for any naval vessel planned for retirement before initiating 
     any plans to dispose of the vessel.
       (b) Notification.--Not later than 90 days before the date 
     on which a naval vessel that is a viable candidate for 
     artificial reefing is to be stricken from the Naval Vessel 
     Register, the Secretary of the Navy shall notify Congress and 
     the appropriate agency of each coastal State of such pending 
     action.
       (c) Definitions.--In this section:
       (1) Appropriate agency.--The term ``appropriate agency'' 
     with respect to a coastal State means the agency that the 
     coastal State has designated to administer an artificial reef 
     program.
       (2) Coastal state.--The term ``coastal State''--
       (A) means any one of the States of Alabama, Alaska, 
     California, Connecticut, Delaware, Florida, Georgia, Hawaii, 
     Louisiana, Maine, Maryland, Massachusetts, Mississippi, New 
     Hampshire, New Jersey, New York, North Carolina, Oregon, 
     Rhode Island, South Carolina, Texas, Virginia, and 
     Washington; and
       (B) includes the Commonwealth of Puerto Rico, the United 
     States Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands.
                                 ______
                                 
  SA 4342. Mr. RUBIO (for himself, Mr. Scott of Florida, and Mr. Braun) 
submitted an amendment intended to be proposed to amendment SA 3867 
submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

        Strike section 143.

                                 ______
                                 
  SA 4343. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. PROHIBITION ON USE BY INTELLIGENCE COMMUNITY OF 
                   FOREIGN SOCIAL MEDIA PLATFORMS.

       No element of the intelligence community (as defined in 
     section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003)) may establish or maintain an official account of the 
     element on any foreign owned or foreign-based high-risk 
     social media platform for purposes of conducting official 
     business of the element.
                                 ______
                                 
  SA 4344. Mr. RUBIO (for himself and Mr. Scott of Florida) submitted 
an amendment intended to be proposed to amendment SA 3867 submitted by 
Mr. Reed and intended to be proposed to the bill H.R. 4350, to 
authorize appropriations for fiscal year 2022 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to 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. _____. MORATORIUM ON OIL AND GAS LEASING OFF THE COASTS 
                   OF THE STATES OF FLORIDA, GEORGIA, AND SOUTH 
                   CAROLINA.

       Section 104 of the Gulf of Mexico Energy Security Act of 
     2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``June 30, 2022'' and inserting ``June 30, 2032'';
       (B) in paragraph (2), by striking ``or'' after the 
     semicolon;
       (C) in paragraph (3)(B)(iii), by striking the period at the 
     end and inserting a semicolon; and
       (D) by adding at the end the following:
       ``(4) any area in the South Atlantic Planning Area (as 
     designated by the Bureau of Ocean Energy Management as of the 
     date of enactment of this paragraph); or
       ``(5) any area in the Straits of Florida Planning Area (as 
     designated by the Bureau of Ocean Energy Management as of the 
     date of enactment of this paragraph).''; and
       (2) by adding at the end the following:
       ``(d) Effect on Certain Leases.--The moratoria under 
     paragraphs (4) and (5) of subsection (a) shall not affect 
     valid existing leases in effect on the date of enactment of 
     this subsection.
       ``(e) Environmental Exceptions.--Notwithstanding subsection 
     (a), the Secretary may issue leases in areas described in 
     that subsection for environmental conservation purposes, 
     including the purposes of shore protection, beach nourishment 
     and restoration, wetlands restoration, and habitat 
     protection.''.
                                 ______
                                 
  SA 4345. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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--Protecting Central American Women and Children

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``Central American Women 
     and Children Protection Act of 2021''.

     SEC. 1292. WOMEN AND CHILDREN PROTECTION COMPACTS.

       (a) Authorization to Enter Into Compacts.--The Secretary of 
     State, in coordination with the Administrator of the United 
     States Agency for International Development, is authorized to 
     enter into multi-year,

[[Page S7875]]

     bilateral agreements of not longer than 6 years in duration, 
     developed in conjunction with the governments of El Salvador, 
     Guatemala, and Honduras (referred to in this subtitle as 
     ``Compact Countries''). Such agreements shall be known as 
     Women and Children Protection Compacts (referred to in this 
     subtitle as ``Compacts'').
       (b) Purpose.--Each Compact shall--
       (1) set out the shared goals and objectives of the United 
     States and the government of the Compact Country; and
       (2) be aimed at strengthening the Compact Country's 
     efforts--
       (A) to strengthen criminal justice and civil court systems 
     to protect women and children and serve victims of domestic 
     violence, sexual violence, trafficking, and child 
     exploitation and neglect, and hold perpetrators accountable;
       (B) to secure, create, and sustain safe communities, 
     building on best practices to prevent and deter violence 
     against women and children;
       (C) to ensure that schools are safe and promote the 
     prevention and early detection of domestic abuse against 
     women and children within communities; and
       (D) to enhance security within areas experiencing endemic 
     domestic, gang, gender-based and drug-related or similar 
     criminal violence against women and children.
       (c) Compact Elements.--Each Compact shall--
       (1) establish a 3- to 6-year cooperative strategy and 
     assistance plan for achieving the shared goals and objectives 
     articulated in such Compact;
       (2) be informed by the assessments of--
       (A) the areas within the Compact Country experiencing the 
     highest incidence of violence against women and children;
       (B) the ability of women and children to access protection 
     and obtain effective judicial relief; and
       (C) the judicial capacity to respond to reports within the 
     Compact Country of femicide, sexual and domestic violence, 
     and child exploitation and neglect, and to hold the 
     perpetrators of such criminal acts accountable;
       (3) seek to address the driving forces of violence against 
     women and children, which shall include efforts to break the 
     binding constraints to inclusive economic growth and access 
     to justice;
       (4) identify clear and measurable goals, objectives, and 
     benchmarks under the Compact to detect, deter and respond to 
     violence against women and children;
       (5) set out clear roles, responsibilities, and objectives 
     under the Compact, which shall include a description of the 
     anticipated policy and financial commitments of the central 
     government of the Compact Country;
       (6) seek to leverage and deconflict contributions and 
     complementary programming by other donors;
       (7) include a description of the metrics and indicators to 
     monitor and measure progress toward achieving the goals, 
     objectives, and benchmarks under the Compact, including 
     reductions in the prevalence of femicide, sexual assault, 
     domestic violence, and child abuse and neglect;
       (8) provide for the conduct of an impact evaluation not 
     later than 1 year after the conclusion of the Compact; and
       (9) provide for a full accounting of all funds expended 
     under the Compact, which shall include full audit authority 
     for the Office of the Inspector General of the Department of 
     State, the Office of the Inspector General of the United 
     States Agency for International Development, and the 
     Government Accountability Office, as appropriate.
       (d) Funding Limitation.--Compacts may not provide for any 
     United States assistance to be made available directly to the 
     Government of El Salvador, the Government of Guatemala, or 
     the Government of Honduras.
       (e) Termination or Suspension.--Any Compact may be 
     suspended or terminated, with respect to a country or an 
     entity receiving assistance pursuant to the Compact, if the 
     Secretary of State determines that such country or entity has 
     failed to make sufficient progress towards the goals of the 
     Compact.
       (f) Sunset.--The authority to enter into Compacts under 
     this subtitle shall expire on September 30, 2023.

     SEC. 1293. CONGRESSIONAL NOTIFICATION.

       Not later than 15 days before entering into a Compact with 
     the Government of Guatemala, the Government of Honduras, or 
     the Government of El Salvador, the Secretary of State, in 
     coordination with the Administrator of the United States 
     Agency for International Development, shall submit to the 
     Committee on Foreign Relations of the Senate, the Committee 
     on Appropriations of the Senate, the Committee on Foreign 
     Affairs of the House of Representatives, and the Committee on 
     Appropriations of the House of Representatives--
       (1) a copy of the proposed Compact;
       (2) a detailed summary of the cooperative strategy and 
     assistance plan required under section 1292(c); and
       (3) a copy of any annexes, appendices, or implementation 
     plans related to the Compact.

     SEC. 1294. COMPACT PROGRESS REPORTS AND BRIEFINGS.

       (a) Progress Report.--Not later than 1 year after entering 
     into a Compact, and annually during the life of the Compact, 
     the Secretary of State, in coordination with the 
     Administrator of the United States Agency for International 
     Development, shall submit a report to the congressional 
     committees listed in section 1293 that describes the progress 
     made under the Compact.
       (b) Contents.--The report submitted under subsection (a) 
     shall include--
       (1) analysis and information on the overall rates of 
     gender-based violence against women and children in El 
     Salvador, Guatemala, and Honduras, including by using 
     survivor surveys, regardless of whether or not these acts of 
     violence are reported to government authorities;
       (2) analysis and information on incidences of cases of 
     gender-based violence against women and children reported to 
     the authorities in El Salvador, Guatemala, and Honduras, and 
     the percentage of alleged perpetrators investigated, 
     apprehended, prosecuted, and convicted;
       (3) analysis and information on the capacity and resource 
     allocation of child welfare systems in El Salvador, 
     Guatemala, and Honduras to protect unaccompanied children;
       (4) the percentage of reported violence against women and 
     children cases reaching conviction;
       (5) a baseline and percentage changes in women and children 
     victims receiving legal and other social services;
       (6) a baseline and percentage changes in school retention 
     rates;
       (7) a baseline and changes in capacity of police, 
     prosecution service, and courts to combat violence against 
     women and children;
       (8) a baseline and changes in capacity of justice, 
     protection, and other relevant ministries to support 
     survivors of gender-based violence against women and 
     children; and
       (9) independent external evaluation of funded programs, 
     including compliance with terms of the Compacts by El 
     Salvador, Guatemala, and Honduras, and by the recipients of 
     the assistance.
       (c) Briefing.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State and the 
     Administrator of the United States Agency for International 
     Development shall provide a briefing to the congressional 
     committees listed in section 1293 regarding--
       (1) the data and information collected pursuant to this 
     section; and
       (2) the steps taken to protect and assist victims of 
     domestic violence, sexual violence, trafficking, and child 
     exploitation and neglect.
                                 ______
                                 
  SA 4346. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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. CUBA DEMOCRACY PROGRAMS.

       There is authorized to be appropriated $30,000,000 for the 
     Department of State to carry out activities to promote 
     democracy and strengthen United States policy toward Cuba. No 
     funds so appropriated may be obligated for business 
     promotion, economic reform, entrepreneurship, or any other 
     assistance that is not democracy-building, as expressly 
     authorized in the Cuban Liberty and Solidarity (LIBERTAD) Act 
     of 1996 (22 U.S.C. 6021 et seq.) and the Cuban Democracy Act 
     of 1992 (22 U.S.C. 6001 et seq.).
                                 ______
                                 
  SA 4347. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 744. ADDITIONAL AMOUNT FOR RAPID SCREENING UNDER 
                   DEVELOPMENT OF MEDICAL COUNTERMEASURES AGAINST 
                   NOVEL ENTITIES PROGRAM.

       (a) Increase.--The amount authorized to be appropriated for 
     fiscal year 2022 by section 201 for research, development, 
     test, and evaluation is hereby increased by $4,500,000, with 
     the amount of the increase to be available for Advanced 
     Component Development & Prototypes, Research, Development, 
     Test, and Evaluation, Defense-Wide, for the Chemical and 
     Biological Defense Program-DEM/VAL, line 82 of the table in 
     section 4201, for the Development of Medical Countermeasures 
     Against Novel Entities program of the Defense Threat 
     Reduction Agency, to allow for the rapid screening of all 
     compounds approved by the Food and Drug Administration, and 
     other human-safe compound libraries, to identify optimal drug 
     candidates for repurposing as medical countermeasures for 
     coronavirus disease 2019 (commonly known as ``COVID-19'') and 
     other novel and emerging biological threats.

[[Page S7876]]

       (b) Offset.--The amount authorized to be appropriated for 
     fiscal year 2022 by section 301 for operation and maintenance 
     is hereby decreased by $4,500,000, with the amount of the 
     reduction to be derived from Admin and Servicewide 
     Activities, Operations and Maintenance, Defense-Wide, for 
     Defense Media Activity, line 370 of the table in section 
     4301.
                                 ______
                                 
  SA 4348. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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. FOREIGN INFLUENCE TRANSPARENCY.

       (a) Short Title.--This section may be cited as the 
     ``Foreign Influence Transparency Act''.
       (b) Limiting Exemption From Foreign Agent Registration 
     Requirement for Persons Engaging in Activities in Furtherance 
     of Certain Pursuits to Activities Not Promoting Political 
     Agenda of Foreign Governments.--
       (1) In general.--Section 3(e) of the Foreign Agents 
     Registration Act of 1938 (22 U.S.C. 613(e)) is inserting 
     before the semicolon at the end the following: ``, but only 
     if the activities do not promote the political agenda of a 
     government of a foreign country;''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply with respect to activities carried out on or 
     after the date of the enactment of this Act.
       (c) Disclosures of Foreign Gifts and Agreements.--
       (1) In general.--Section 117 of the Higher Education Act of 
     1965 (20 U.S.C. 1011f) is amended--
       (A) in the section heading, by adding ``and agreements'' at 
     the end;
       (B) in subsection (a), by striking ``$250,000'' and 
     inserting ``$50,000'';
       (C) in subsection (b)--
       (i) in paragraph (1), in the first sentence, by inserting 
     before the period at the end the following: ``, including the 
     content of each such contract''; and
       (ii) in paragraph (2), by inserting before the period the 
     following: ``, including the content of each such contract'';
       (D) in subsection (e), by inserting ``, including the 
     contents of any contracts,'' after ``reports'';
       (E) by redesignating subsections (e), (f), (g), and (h) as 
     subsections (f), (g), (h), and (i), respectively;
       (F) by inserting after subsection (d) the following:
       ``(e) Confucius Institute Agreements.--
       ``(1) Defined term.--In this subsection, the term 
     `Confucius Institute' means a cultural institute directly or 
     indirectly funded by the Government of the People's Republic 
     of China.
       ``(2) Disclosure requirement.--Any institution that has 
     entered into an agreement with a Confucius Institute shall 
     immediately make the full text of such agreement available--
       ``(A) on the publicly accessible website of the 
     institution;
       ``(B) to the Department of Education;
       ``(C) to the Committee on Health, Education, Labor, and 
     Pensions of the Senate; and
       ``(D) to the Committee on Education and Labor of the House 
     of Representatives.''; and
       (G) in subsection (i), as redesignated--
       (i) in paragraph (2), by amending subparagraph (A) to read 
     as follows:
       ``(A) a foreign government, including--
       ``(i) any agency of a foreign government, and any other 
     unit of foreign governmental authority, including any foreign 
     national, State, local, and municipal government;
       ``(ii) any international or multinational organization 
     whose membership is composed of any unit of foreign 
     government described in clause (i); and
       ``(iii) any agent or representative of any such unit or 
     such organization, while acting as such;''; and
       (ii) in paragraph (3), by inserting before the semicolon at 
     the end the following: ``, or the fair market value of an in-
     kind gift''.
       (2) Effect of noncompliance with disclosure requirement.--
     Any institution of higher education (as defined in section 
     101of the Higher Education Act of 1965 (20 U.S.C. 1001)) that 
     is not in compliance with the disclosure requirements set 
     forth in section 117 of such Act (20 U.S.C. 1011f) shall be 
     ineligible to enroll foreign students under the Student and 
     Exchange Visitor Program.
       (3) Effective date.--The amendments made by paragraph (1) 
     shall apply with respect to gifts received or contracts or 
     agreements entered into, or other activities carried out, on 
     or after the date of the enactment of this Act.
                                 ______
                                 
  SA 4349. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 1012 and insert the following:

     SEC. 1012. SUPPORT FOR A UNIFIED COUNTERDRUG AND 
                   COUNTERTERRORISM CAMPAIGN IN COLOMBIA.

       (a) Modification of Use of Funds to Support a Unified 
     Counterdrug and Counterterrorism Campaign in Colombia.--
     Section 1021 of the Ronald W. Reagan National Defense 
     Authorization Act for fiscal Year 2005 (Public Law 108-375; 
     118 Stat. 2042), as most recently amended by section 1021 of 
     the National Defense Authorization Act for Fiscal Year 2020 
     (Public Law 116-92; 133 Stat. 1577), is further amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``2022'' and inserting 
     ``2026''; and
       (B) by adding at the end the following new paragraph:
       ``(4) The Secretary of Defense shall use the authority to 
     provide assistance for a campaign under this subsection to 
     achieve the following purposes:
       ``(A) Helping the Government of Colombia advance into the 
     coca-growing regions of southern Colombia, which are 
     dominated by paramilitary groups.
       ``(B) Upgrading the capability of Colombia to aggressively 
     interdict cocaine and cocaine traffickers through the 
     provision of radar, aircraft and airfield upgrades, and 
     improved anti-narcotics intelligence gathering.
       ``(C) Increasing coca crop eradication.
       ``(D) Providing economic alternatives for Colombian farmers 
     who grow coca and poppy plants.
       ``(E) Increasing protection of human rights, expanding the 
     rule of law, and promoting the peace process.'';
       (2) in subsection (c), in the matter preceding paragraph 
     (1), by striking ``2022'' and inserting ``2026''; and
       (3) by adding at the end the following new subsection:
       ``(h) Authorization of Appropriations.--There is authorized 
     to be appropriated $461,400,000 for each of fiscal years 2022 
     through 2026 to support the campaign described in subsection 
     (a).''.
       (b) Report Required.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees a report on the policy 
     and strategy of the United States, as of the date on which 
     the report is submitted, regarding United States 
     counternarcotics assistance for Colombia.
       (2) Elements.--The report required by paragraph (1) shall 
     address the following:
       (A) The key objectives of the strategy described in 
     paragraph (1) and a detailed description of benchmarks by 
     which to measure progress toward those objectives.
       (B) The actions required of the United States to support 
     and achieve the objectives described in subparagraph (A) and 
     a schedule and cost estimates for implementing such actions.
       (C) The role of the United States in the efforts of the 
     Government of Colombia to deal with illegal drug production 
     in Colombia.
       (D) The role of the United States in the efforts of the 
     Government of Colombia to deal with the insurgency and 
     covered organizations in Colombia.
       (E) How the strategy described in paragraph (1) relates to 
     and affects the strategy of the United States in countries 
     neighboring Colombia.
       (F) How the strategy described in paragraph (1) relates to 
     and affects the strategy of the United States for fulfilling 
     global counternarcotics goals.
       (G) A strategy and schedule for providing material, 
     technical, and logistical support to Colombia and neighboring 
     countries in order to--
       (i) defend the rule of law; and
       (ii) more effectively impede the cultivation, production, 
     transit, and sale of illicit narcotics.
       (H) A schedule for making forward operating locations in 
     Colombia fully operational, including--
       (i) cost estimates;
       (ii) a description of the potential capabilities for each 
     proposed location; and
       (iii) an explanation of how the design of the forward 
     operating locations fits into the strategy described in 
     paragraph (1).
       (3) Definitions.--In this subsection:
       (A) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (i) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (ii) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.
       (B) Covered organization.--The term ``covered 
     organization'' has the meaning given that term in section 
     1021(a) of the Ronald W. Reagan National Defense 
     Authorization Act for fiscal Year 2005 (Public Law 108-375; 
     118 Stat. 2042), as most recently amended by section 1021 of 
     the National Defense Authorization Act for Fiscal Year 2020 
     (Public Law 116-92; 133 Stat. 1577).
                                 ______
                                 
  SA 4350. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr.

[[Page S7877]]

Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to 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. ____. INVESTMENT OF THRIFT SAVINGS FUND.

       Section 8438 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(i)(1) In this subsection--
       ``(A) the term `PCAOB' means the Public Company Accounting 
     Oversight Board; and
       ``(B) the term `registered public accounting firm' has the 
     meaning given the term in section 2(a) of the Sarbanes-Oxley 
     Act of 2002 (15 U.S.C. 7201(a)).
       ``(2) Notwithstanding any other provision of this section, 
     no sums in the Thrift Savings Fund may be invested in any 
     security that is listed on an exchange in a jurisdiction in 
     which the PCAOB is prevented from conducting a complete 
     inspection or investigation of a registered public accounting 
     firm under section 104 or 105 of the Sarbanes-Oxley Act of 
     2002 (15 U.S.C. 7214, 7215), respectively, because of a 
     position taken by an authority in that jurisdiction, as 
     determined by the PCAOB.
       ``(3) The Board shall consult with the Securities and 
     Exchange Commission on a biennial basis in order to ensure 
     compliance with paragraph (2).''.
                                 ______
                                 
  SA 4351. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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. EXPANSION OF ENTITIES OF THE PEOPLE'S REPUBLIC OF 
                   CHINA SUBJECT TO PRESIDENTIAL AUTHORITIES UNDER 
                   THE INTERNATIONAL EMERGENCY ECONOMIC POWERS 
                   ACT.

       Section 1237 of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (Public Law 105-261; 
     50 U.S.C. 1701 note) is amended--
       (1) in subsection (a)(1), by striking ``(other than 
     authorities relating to importation)''; and
       (2) in subsection (b)(4)(B)--
       (A) by striking clause (i) and inserting the following new 
     clause (i):
       ``(i) is owned or controlled by, affiliated with, or 
     otherwise shares common purpose or relevant characteristics 
     with, the People's Liberation Army or a ministry of the 
     government of the People's Republic of China, or that is 
     owned or controlled by an entity affiliated with or that 
     otherwise shares common purpose or relevant characteristics 
     with the defense industrial base or surveillance technology 
     sector of the People's Republic of China; and''; and
       (B) in clause (ii) by inserting ``research and 
     development,'' after ``services,''.
                                 ______
                                 
  SA 4352. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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. ___. INTEGRITY AND SECURITY OF FINANCIAL MARKETS.

       (a) Short Title.--This section may be cited as the 
     ``American Financial Markets Integrity and Security Act''.
       (b) Prohibitions Relating to Certain Communist Chinese 
     Military Companies.--
       (1) Definitions.--In this subsection:
       (A) Commission.--The term ``Commission'' means the 
     Securities and Exchange Commission.
       (B) Control; insurance company.--The terms ``control'' and 
     ``insurance company'' have the meanings given the terms in 
     section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 
     80a-2(a)).
       (C) Covered entity.--
       (i) In general.--The term ``covered entity''--

       (I) means an entity on--

       (aa) the list of Communist Chinese military companies 
     required by section 1237(b) of the Strom Thurmond National 
     Defense Authorization Act for Fiscal Year 1999 (Public Law 
     105-261; 50 U.S.C. 1701 note); or
       (bb) the entity 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 title 15, Code of Federal 
     Regulations; and

       (II) includes a parent, subsidiary, or affiliate of, or an 
     entity controlled by, an entity described in subclause (I).

       (ii) Grace period.--For the purposes of this section, and 
     the amendments made by this section, an entity shall be 
     considered to be a covered entity beginning on the date that 
     is 1 year after the date on which the entity first qualifies 
     under the applicable provision of clause (i).
       (D) Exchange; security.--The terms ``exchange'' and 
     ``security'' have the meanings given those terms in section 
     3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 
     78c(a)).
       (2) Prohibitions.--
       (A) Listing on exchange.--Beginning on the date that is 1 
     year after the date of enactment of this Act, the Commission 
     shall prohibit a covered entity from offering to sell or 
     selling on an exchange (or through any other method that is 
     within the jurisdiction of the Commission to regulate, 
     including through the method of trading that is commonly 
     referred to as the ``over-the-counter'' trading of 
     securities) securities issued by the covered entity, 
     including pursuant to an exemption to section 5 of the 
     Securities Act of 1933 (15 U.S.C. 77e).
       (B) Investments; limitation on actions.--
       (i) In general.--The Investment Company Act of 1940 (15 
     U.S.C. 80a-1 et seq.) is amended--

       (I) in section 12(d) (15 U.S.C. 80a-12(d)), by adding at 
     the end the following:

       ``(4)(A) It shall be unlawful for any investment company, 
     or any person that would be an investment company but for the 
     application of paragraph (1) or (7) of section 3(c), to 
     invest in a covered entity.
       ``(B) In this paragraph, the term `covered entity' has the 
     meaning given the term in subsection (b)(1)(C) of the 
     American Financial Markets Integrity and Security Act.''; and

       (II) in section 13(c)(1) (15 U.S.C. 80a-13(c)(1))--

       (aa) in subparagraph (A), by striking ``or'' at the end;
       (bb) in subparagraph (B), by striking the period at the end 
     and inserting ``or''; and
       (cc) by adding at the end the following:
       ``(C) are covered entities, as that term is defined in 
     section 12(d)(4)(B).''.
       (ii) Effective date.--The amendments made by clause (i) 
     shall take effect on the date that is 1 year after the date 
     of enactment of this Act.
       (C) Federal funds.--
       (i) In general.--Except as provided in clause (ii), on and 
     after the date that is 180 days after the date of enactment 
     of this Act, no Federal funds may be used to enter into, 
     extend, or renew a contract or purchasing agreement with a 
     covered entity.
       (ii) Waiver.--The head of a Federal agency may issue a 
     national security waiver to the prohibition in clause (i) for 
     a period of not more than 2 years with respect to a covered 
     entity if the agency head submits to Congress a notification 
     that includes--

       (I) a written justification for the waiver; and
       (II) a plan for a phase-out of the goods or services 
     provided by the covered entity.

       (D) Investments by insurance companies.--
       (i) In general.--On and after the date of enactment of this 
     Act, an insurance company may not invest in a covered entity.
       (ii) Certification of compliance.--

       (I) In general.--Each insurance company shall, on an annual 
     basis, submit to the Secretary of the Treasury a 
     certification of compliance with clause (i).
       (II) Responsibilities of the secretary.--The Secretary of 
     the Treasury shall create a form for the submission required 
     under subclause (I) in such a manner that minimizes the 
     reporting burden on an insurance company making the 
     submission.

       (iii) Sharing information.--The Secretary of the Treasury, 
     acting through the Federal Insurance Office, shall share the 
     information received under clause (ii) and coordinate 
     verification of compliance with State insurance offices.
       (3) Qualified trusts, etc.--
       (A) In general.--Subsection (a) of section 401 of the 
     Internal Revenue Code of 1986 is amended by inserting after 
     paragraph (38) the following new paragraph:
       ``(39) Prohibited investments.--A trust which is part of a 
     plan shall not be treated as a qualified trust under this 
     subsection unless the plan provides that no part of the 
     plan's assets will be invested in any covered entity (as 
     defined in section 12(d)(6)(B) of the Investment Company Act 
     of 1940).''.
       (B) IRAs.--Paragraph (3) of section 408(a) of such Code is 
     amended by striking ``contracts'' and inserting ``contracts 
     or in any covered entity (as defined in section 12(d)(6)(B) 
     of the Investment Company Act of 1940''.
       (C) Fiduciary duty.--Section 404 of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1104) is amended by 
     adding at the end the following new subsection:
       ``(f) Prohibited Investments.--No fiduciary shall cause any 
     assets of a plan to be invested in any covered entity (as 
     defined in section 12(d)(6)(B) of the Investment Company Act 
     of 1940 (15 U.S.C. 80a-12(d)(6)(B))).''.
       (D) Effective date.--
       (i) In general.--Except as provided in clause (ii), the 
     amendments made by this paragraph shall apply to plan years 
     beginning after the date which is 180 days after the date of 
     the enactment of this Act.

[[Page S7878]]

       (ii) Plan amendments.--If clause (iii) applies to any 
     retirement plan or contract amendment--

       (I) such plan or contract shall not fail to be treated as 
     being operated in accordance with the terms of the plan 
     during the period described in clause (iii)(II) solely 
     because the plan operates in accordance with the amendments 
     made by this subsection, and
       (II) except as provided by the Secretary of the Treasury 
     (or the Secretary's delegate), such plan or contract shall 
     not fail to meet the requirements of the Internal Revenue 
     Code of 1986 or the Employee Retirement Income Security Act 
     of 1974 by reason of such amendment.

       (iii) Amendments to which paragraph applies.--

       (I) In general.--This clause shall apply to any amendment 
     to any plan or annuity contract which--

       (aa) is made pursuant to the provisions of this subsection, 
     and
       (bb) is made on or before the last day of the first plan 
     year beginning on or after the date which is 2 years after 
     the date of the enactment of this Act (4 years after such 
     date of enactment, in the case of a governmental plan).

       (II) Conditions.--This clause shall not apply to any 
     amendment unless--

       (aa) during the period beginning on the date which is 180 
     days after the date of the enactment of this Act, and ending 
     on the date described in subclause (I)(bb) (or, if earlier, 
     the date the plan or contract amendment is adopted), the plan 
     or contract is operated as if such plan or contract amendment 
     were in effect, and
       (bb) such plan or contract amendment applies retroactively 
     for such period.
       (iv) Subsequent amendments.--Rules similar to the rules of 
     clauses (ii) and (iii) shall apply in the case of any 
     amendment to any plan or annuity contract made pursuant to 
     any update of the list of Communist Chinese military 
     companies required by section 1237(b) of the Strom Thurmond 
     National Defense Authorization Act for Fiscal Year 1999 
     (Public Law 105-261; 50 U.S.C. 1701 note) which is made after 
     the effective date of the amendments made by this paragraph.
       (c) Modification of Requirements for List of Communist 
     Chinese Military Companies.--Section 1237(b) of the Strom 
     Thurmond National Defense Authorization Act for Fiscal Year 
     1999 (Public Law 105-261; 50 U.S.C. 1701 note) is amended--
       (1) by striking paragraph (2) and inserting the following:
       ``(2) Revisions to the list.--
       ``(A) Additions.--The Secretary of Defense, the Secretary 
     of Commerce, or the Director of National Intelligence may add 
     a person to the list required by paragraph (1) at any time.
       ``(B) Removals.--A person may be removed from the list 
     required by paragraph (1) if the Secretary of Defense, the 
     Secretary of Commerce, and the Director of National 
     Intelligence agree to remove the person from the list.
       ``(C) Submission of updates to congress.--Not later than 
     February 1 of each year, the Secretary of Defense shall 
     submit a version of the list required in paragraph (1), 
     updated to include any additions or removals under this 
     paragraph, to the committees and officers specified in 
     paragraph (1).'';
       (2) by striking paragraph (3) and inserting the following:
       ``(3) Consultation.--In carrying out paragraphs (1) and 
     (2), the Secretary of Defense, the Secretary of Commerce, and 
     the Director of National Intelligence shall consult with each 
     other, the Attorney General, and the Director of the Federal 
     Bureau of Investigation.''; and
       (3) in paragraph (4), in the matter preceding subparagraph 
     (A), by striking ``making the determination required by 
     paragraph (1) and of carrying out paragraph (2)'' and 
     inserting ``this section''.
       (d) Analysis of Financial Ambitions of the Government of 
     the People's Republic of China.--
       (1) Analysis required.--The Director of the Office of 
     Commercial and Economic Analysis of the Air Force shall 
     conduct an analysis of--
       (A) the strategic importance to the Government of the 
     People's Republic of China of inflows of United States 
     dollars through capital markets to the People's Republic of 
     China;
       (B) the methods by which that Government seeks to manage 
     such inflows;
       (C) how the inclusion of the securities of Chinese entities 
     in stock or bond indexes affects such inflows and serves the 
     financial ambitions of that Government; and
       (D) how the listing of the securities of Chinese entities 
     on exchanges in the United States assists in--
       (i) meeting the strategic goals of that Government, 
     including defense, surveillance, and intelligence goals; and
       (ii) the fusion of the civilian and military components of 
     that Government.
       (2) Submission to congress.--The Director of the Office of 
     Commercial and Economic Analysis of the Air Force shall 
     submit to Congress a report--
       (A) setting forth the results of the analysis conducted 
     under paragraph (1); and
       (B) based on that analysis, making recommendations for best 
     practices to mitigate any national security and economic 
     risks to the United States relating to the financial 
     ambitions of the Government of the People's Republic of 
     China.
                                 ______
                                 
  SA 4353. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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 USE OF FUNDS FOR THE 2022 OLYMPIC 
                   AND PARALYMPIC WINTER GAMES IN CHINA.

       (a) In General.--None of the funds authorized to be 
     appropriated or otherwise made available by this Act may be 
     made available to provide transportation for any United 
     States officer or official to attend, on official Government 
     business, the 2022 Olympic and Paralympic Winter Games in the 
     People's Republic of China.
       (b) Rule of Construction.--Nothing in this section may be 
     construed to limit the authorization of appropriations to 
     provide security during the 2022 Olympic and Paralympic 
     Winter Games to any United States athlete or associated 
     support staff of the United States Olympic and Paralympic 
     Committee.
                                 ______
                                 
  SA 4354. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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 XII, add the following:

     SEC. 1210. SECURITY ASSISTANCE FOR COLOMBIA.

       (a) Statement of Policy.--It is the policy of the United 
     States--
       (1) to build the capacity of the navy of Colombia for 
     interoperability with--
       (A) the United States;
       (B) member countries of the North Atlantic Treaty 
     Organization; and
       (C) other Colombian security partners; and
       (2) to bolster the ability of the military forces of 
     Colombia to export maritime security to Central American 
     partner countries.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated for fiscal year 2022 for the Department of 
     Defense--
       (1) $20,000,000 for Foreign Military Financing assistance 
     to Colombia for the procurement and sustainment of additional 
     aluminum-hull riverine vessels and new littoral-riverine 
     vessels, including training of personnel on the use of such 
     vessels;
       (2) $10,000,000 for the acquisition by Colombia of man-
     portable vertical lift unmanned aircraft systems for 
     intelligence, signals, and reconnaissance support for 
     riverine and littoral operations; and
       (3) $10,000,000 to equip the marines of Colombia with 
     Falcon-III radios for the purpose of supporting interoperable 
     radio and data transmission.
       (c) Prohibition on Use of Funds.--None of the funds made 
     available by this Act or any other Act may be made available 
     for the transfer of funds to the Revolutionary Armed Forces 
     of Colombia (commonly known as ``FARC''), the Ejercito de 
     Liberacion Nacional (commonly known as ``ELN''), or any other 
     organization designated as a foreign terrorist organization 
     under section 219(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1189(a)).
                                 ______
                                 
  SA 4355. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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. AUTHORIZATION OF APPROPRIATIONS FOR THE OFFICE OF 
                   CUBA BROADCASTING.

       There is authorized to be appropriated to the United States 
     Agency for Global Media not less than $29,144,000 for fiscal 
     year 2022 for the Office of Cuba Broadcasting, of which not 
     less than $3,000,000 should be used--
       (1) to deliver satellite-based broadband Internet services 
     to the people of Cuba to give them unfettered access to the 
     open Internet;
       (2) to create an access point for the satellite broadband 
     through a Radio Television Marti website that acts as a news 
     aggregator rather than solely serving as a content provider; 
     and

[[Page S7879]]

       (3) to provide firewall circumvention tools to the people 
     of Cuba.
                                 ______
                                 
  SA 4356. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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. UNITED STATES INTERNATIONAL DEVELOPMENT FINANCE 
                   CORPORATION FIELD OFFICES.

       (a) In General.--Section 1412 of the BUILD Act of 2018 (22 
     U.S.C. 9612) is amended by adding at the end the following:
       ``(d) Field Offices.--The Chief Executive Officer of the 
     Corporation shall establish field offices in Mexico, 
     Colombia, and Brazil--
       ``(1) to amplify regional engagement and the execution of 
     programs to catalyze United States private sector investment; 
     and
       ``(2) to help expand economic opportunities with allies and 
     partners in Latin America and the Caribbean.''.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated for fiscal $10,000,000 to the United 
     States International Development Finance Corporation for the 
     purpose of establishing field offices in strategic locations, 
     including Mexico, Colombia, and Brazil, to maximize United 
     States' engagement in the Western Hemisphere.
                                 ______
                                 
  SA 4357. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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--Palestinian International Terrorism Support Prevention

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``Palestinian 
     International Terrorism Support Prevention Act of 2021''.

     SEC. 1292. DEFINITIONS.

       Except as otherwise provided, in this subtitle:
       (1) Admitted.--The term ``admitted'' has the meaning given 
     that term in section 101(a)(13)(A) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(13)(A)).
       (2) Appropriate congressional committees.--Except as 
     otherwise provided, the term ``appropriate congressional 
     committees'' means the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives.
       (3) Foreign person.--The term ``foreign person'' means--
       (A) an individual who is not a United States person; or
       (B) a corporation, partnership, or other nongovernmental 
     entity that is not a United States person.
       (4) Material support.--The term ``material support'' has 
     the meaning given the term ``material support or resources'' 
     in section 2339A of title 18, United States Code.
       (5) Person.--The term ``person'' means an individual or 
     entity.
       (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 of any jurisdiction within the United States, including a 
     foreign branch of such an entity.

     SEC. 1293. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to prevent Hamas, the Palestinian Islamic Jihad, or any 
     affiliate or successor thereof from accessing its 
     international support networks; and
       (2) to oppose Hamas, the Palestinian Islamic Jihad, or any 
     affiliate or successor thereof from attempting to use goods, 
     including medicine and dual-use items, to smuggle weapons and 
     other materials to further acts of terrorism.

     SEC. 1294. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN 
                   PERSONS AND AGENCIES AND INSTRUMENTALITIES OF 
                   FOREIGN STATES SUPPORTING HAMAS, THE 
                   PALESTINIAN ISLAMIC JIHAD, OR ANY AFFILIATE OR 
                   SUCCESSOR THEREOF.

       (a) Identification.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter for the 
     following 3 years, the President shall submit to the 
     appropriate congressional committees a report that identifies 
     each foreign person or agency or instrumentality of a foreign 
     state that the President determines--
       (A) knowingly assists in, sponsors, or provides significant 
     financial or material support for, or financial or other 
     services to or in support of, the terrorist activities of any 
     person described in paragraph (2); or
       (B) directly or indirectly, knowingly and materially 
     engages in a significant transaction with any person 
     described in paragraph (2).
       (2) Person described.--A person described in this paragraph 
     is a foreign person that the President determines--
       (A) is a senior member of Hamas, the Palestinian Islamic 
     Jihad, or any affiliate or successor thereof;
       (B) is a senior member of a foreign terrorist organization 
     designated pursuant to section 219 of the Immigration and 
     Nationality Act (8 U.S.C. 1189) whose members directly or 
     indirectly support the terrorist activities of Hamas, the 
     Palestinian Islamic Jihad, or any affiliate or successor 
     thereof by knowingly engaging in a significant transaction 
     with, or providing financial or material support for Hamas, 
     the Palestinian Islamic Jihad, or any affiliate or successor 
     thereof, or any person described in subparagraph (A); or
       (C) directly or indirectly supports the terrorist 
     activities of Hamas, the Palestinian Islamic Jihad, or any 
     affiliate or successor thereof by knowingly and materially 
     assisting, sponsoring, or providing financial or material 
     support for, or goods or services to or in support of, Hamas, 
     the Palestinian Islamic Jihad, or any affiliate or successor 
     thereof, or any person described in subparagraph (A) or (B).
       (3) Form of report.--Each report required under paragraph 
     (1) shall be submitted in unclassified form, but may contain 
     a classified annex.
       (4) Exception.--
       (A) In general.--The President shall not be required to 
     identify a foreign person or an agency or instrumentality of 
     a foreign state in a report pursuant to paragraph (1)(B) if--
       (i) the foreign person or agency or instrumentality of a 
     foreign state notifies the United States Government in 
     advance that it proposes to engage in a significant 
     transaction described in that paragraph; and
       (ii) the President determines and notifies the appropriate 
     congressional committees in a classified form not less than 
     15 days prior to the foreign person or agency or 
     instrumentality of a foreign state engaging in the 
     significant transaction that the significant transaction is 
     in the national interests of the United States.
       (B) Non-applicability.--Subparagraph (A) shall not apply 
     with respect to--
       (i) an agency or instrumentality of a foreign state that 
     the Secretary of State determines has repeatedly provided 
     support for acts of international terrorism pursuant to 
     section 1754(c) of the Export Controls Act of 2018 (50 U.S.C. 
     4813(c)), section 40 of the Arms Export Control Act (22 
     U.S.C. 2780), section 620A of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2371), or any other provision of law; or
       (ii) any significant transaction described in paragraph 
     (1)(B) that involves, directly or indirectly, a foreign state 
     described in clause (i).
       (b) Imposition of Sanctions.--
       (1) In general.--The President shall impose two or more of 
     the sanctions described in paragraph (2) with respect to a 
     foreign person or an agency or instrumentality of a foreign 
     state identified pursuant to subsection (a).
       (2) Sanctions described.--The sanctions described in this 
     paragraph to be imposed with respect to a foreign person or 
     an agency or instrumentality of a foreign state are the 
     following:
       (A) The President may direct the Export-Import Bank of the 
     United States not to give approval to the issuance of any 
     guarantee, insurance, extension of credit, or participation 
     in the extension of credit in connection with the export of 
     any goods or services to the foreign person or agency or 
     instrumentality of a foreign state, and the Export-Import 
     Bank of the United States shall comply with any such 
     direction.
       (B) The President may prohibit the sale of any defense 
     articles, defense services, or design and construction 
     services under the Arms Export Control Act (22 U.S.C. 2751 et 
     seq.) to the foreign person or agency or instrumentality of a 
     foreign state.
       (C) The President may prohibit the issuance of licenses for 
     export of any item on the United States Munitions List under 
     section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 
     2778(a)(1)) that include the foreign person or agency or 
     instrumentality of a foreign state as a party.
       (D) The President may prohibit the export of any goods or 
     technologies controlled for national security reasons under 
     the Export Administration Regulations under subchapter C of 
     chapter VII of title 15, Code of Federal Regulations, to the 
     foreign person or agency or instrumentality of a foreign 
     state, except that such prohibition shall not apply to any 
     transaction subject to the reporting requirements of title V 
     of the National Security Act of 1947 (50 U.S.C. 3091 et 
     seq.).
       (E) The President may prohibit any United States financial 
     institution from making loans or providing any credit or 
     financing totaling more than $10,000,000 to the foreign 
     person or agency or instrumentality of a foreign state, 
     except that this subparagraph shall not apply to--
       (i) any transaction subject to the reporting requirements 
     of title V of the National Security Act of 1947 (50 U.S.C. 
     3091 et seq.);
       (ii) the provision of medicines, medical equipment, and 
     humanitarian assistance; or

[[Page S7880]]

       (iii) any credit, credit guarantee, or financial assistance 
     provided by the Department of Agriculture to support the 
     purchase of food or other agricultural commodities.
       (F) The President may exercise all powers granted to the 
     President by the International Emergency Economic Powers Act 
     (50 U.S.C. 1701 et seq.) (except that the requirements of 
     section 202 of such Act (50 U.S.C. 1701) shall not apply) to 
     the extent necessary to block and prohibit all transactions 
     in all property and interests in property of a foreign person 
     or agency or instrumentality of a foreign state if such 
     property and interests in property are in the United States, 
     come within the United States, or are or come within the 
     possession or control of a United States person.
       (3) Exception.--The President shall not be required to 
     apply sanctions under this subsection with respect to a 
     foreign person or an agency or instrumentality of a foreign 
     state identified pursuant to subsection (a) if the President 
     certifies in writing to the appropriate congressional 
     committees that--
       (A) the foreign person or agency or instrumentality--
       (i) is no longer carrying out activities or transactions 
     for which the sanctions were to be imposed; or
       (ii) has taken and is continuing to take significant 
     verifiable steps toward terminating the activities or 
     transactions for which the sanctions were to be imposed; and
       (B) the President has received reliable assurances from the 
     foreign person or agency or instrumentality that it will not 
     carry out any activities or transactions for which sanctions 
     may be imposed under this subsection in the future.
       (c) Penalties.--
       (1) In general.--The penalties provided for in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
     that knowingly violates, attempts to violate, conspires to 
     violate, or causes a violation of regulations prescribed 
     under section 1298(b) to carry out subsection (b)(2)(F) to 
     the same extent that such penalties apply to a person that 
     knowingly commits an unlawful act described in section 206(a) 
     of that Act.
       (2) Authorities.--The President may exercise all 
     authorities provided to the President under sections 203 and 
     205 of the International Emergency Economic Powers Act (50 
     U.S.C. 1702 and 1704) for purposes of carrying out subsection 
     (b)(2)(F).
       (d) Waiver.--
       (1) In general.--The President may waive, on a case-by-case 
     basis and for a period of not more than 180 days, a 
     requirement under subsection (b) to impose or maintain 
     sanctions with respect to a foreign person or agency or 
     instrumentality of a foreign state if the President--
       (A) determines that the waiver is in the national security 
     interest of the United States; and
       (B) not less than 30 days before the waiver takes effect, 
     submits to the appropriate congressional committees a report 
     on the waiver and the justification for the waiver.
       (2) Renewal of waiver.--The President may, on a case-by-
     case basis, renew a waiver under paragraph (1) for additional 
     periods of not more than 180 days if the President--
       (A) determines that the renewal of the waiver is in the 
     national security interest of the United States; and
       (B) not less than 15 days before the waiver expires, 
     submits to the appropriate congressional committees a report 
     on the renewal of the waiver and the justification for the 
     renewal of the waiver.
       (e) Rule of Construction.--The authority to impose 
     sanctions under subsection (b) with respect to a foreign 
     person or an agency or instrumentality of a foreign state 
     identified pursuant to subsection (a) is in addition to the 
     authority to impose sanctions under any other provision of 
     law with respect to foreign persons or agencies or 
     instrumentalities of foreign states that directly or 
     indirectly support international terrorism.
       (f) Agency or Instrumentality of a Foreign State Defined.--
     In this section, the term ``agency or instrumentality of a 
     foreign state'' has the meaning given that term in section 
     1603(b) of title 28, United States Code.
       (g) Effective Date.--This section shall take effect on the 
     date of the enactment of this Act and apply with respect to 
     activities and transactions described in subsection (a) that 
     are carried out on or after such date of enactment.

     SEC. 1295. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN 
                   GOVERNMENTS THAT PROVIDE MATERIAL SUPPORT FOR 
                   THE TERRORIST ACTIVITIES OF HAMAS, THE 
                   PALESTINIAN ISLAMIC JIHAD, OR ANY AFFILIATE OR 
                   SUCCESSOR THEREOF.

       (a) Identification.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and every 180 days thereafter, the 
     President shall submit to the appropriate congressional 
     committees a report that identifies the following:
       (A) Each government of a foreign country--
       (i) with respect to which the Secretary of State determines 
     has repeatedly provided support for acts of international 
     terrorism pursuant to section 1754(c) of the Export Controls 
     Act of 2018 (50 U.S.C. 4813(c)), section 40 of the Arms 
     Export Control Act (22 U.S.C. 2780), section 620A of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2371), or any other 
     provision of law; and
       (ii) with respect to which the President determines has 
     provided direct or indirect material support for the 
     terrorist activities of Hamas, the Palestinian Islamic Jihad, 
     or any affiliate or successor thereof.
       (B) Each government of a foreign country that--
       (i) is not identified under subparagraph (A); and
       (ii) the President determines engaged in a significant 
     transaction so as to contribute knowingly and materially to 
     the efforts by the government of a foreign country described 
     in subparagraph (A)(i) to provide direct or indirect material 
     support for the terrorist activities of Hamas, the 
     Palestinian Islamic Jihad, or any affiliate or successor 
     thereof.
       (2) Form of report.--Each report submitted under paragraph 
     (1) shall be submitted in unclassified form but may contain a 
     classified annex.
       (b) Imposition of Sanctions.--
       (1) In general.--The President shall impose the following 
     sanctions with respect to each government of a foreign 
     country identified under subsection (a)(1):
       (A) The United States Government shall suspend, for a 
     period of one year, United States assistance to the 
     government of the foreign country.
       (B) The Secretary of the Treasury shall instruct the United 
     States Executive Director to each appropriate international 
     financial institution to oppose, and vote against, for a 
     period of one year, the extension by that institution of any 
     loan or financial or technical assistance to the government 
     of the foreign country.
       (C) No item on the United States Munitions List under 
     section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 
     2778(a)(1)) or the Commerce Control List set forth in 
     Supplement No. 1 to part 774 of title 15, Code of Federal 
     Regulations (or any successor list), may be exported to the 
     government of the foreign country for a period of one year.
       (2) Exceptions.--The President shall not be required to 
     apply sanctions with respect to the government of a foreign 
     country pursuant to paragraph (1)--
       (A) with respect to materials intended to be used by 
     military or civilian personnel of the United States Armed 
     Forces at military facilities in the country; or
       (B) if the application of such sanctions would prevent the 
     United States from meeting the terms of any status of forces 
     agreement to which the United States is a party.
       (c) Additional Sanctions With Respect to State Sponsors of 
     Terrorism.--The President shall impose the following 
     additional sanctions with respect to each government of a 
     foreign country identified under subsection (a)(1)(A):
       (1) The President shall, pursuant to such regulations as 
     the President may prescribe, prohibit any transactions in 
     foreign exchange that are subject to the jurisdiction of the 
     United States and in which the government of the foreign 
     country has any interest.
       (2) The President shall, pursuant to such regulations as 
     the President may prescribe, prohibit any transfers of credit 
     or payments between one or more 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 the government 
     of the foreign country.
       (d) Waiver.--
       (1) In general.--The President may waive, on a case-by-case 
     basis and for a period of not more than 180 days, a 
     requirement under subsection (b) or (c) to impose or maintain 
     sanctions with respect to a foreign government identified 
     pursuant to subparagraph (A) or (B) of subsection (a)(1) if 
     the President--
       (A) determines that the waiver is in the national security 
     interest of the United States; and
       (B) not less than 30 days before the waiver takes effect, 
     submits to the appropriate congressional committees a report 
     on the waiver and the justification for the waiver.
       (2) Renewal of waiver.--The President may, on a case-by-
     case basis, renew a waiver under paragraph (1) for additional 
     periods of not more than 180 days if the President--
       (A) determines that the renewal of the waiver is in the 
     national security interest of the United States; and
       (B) not less than 15 days before the waiver expires, 
     submits to the appropriate congressional committees a report 
     on the renewal of the waiver and the justification for the 
     renewal of the waiver.
       (e) Rule of Construction.--The authority to impose 
     sanctions under subsection (b) or (c) with respect to each 
     government of a foreign country identified pursuant to 
     subparagraph (A) or (B) of subsection (a)(1) is in addition 
     to the authority to impose sanctions under any other 
     provision of law with respect to governments of foreign 
     countries that provide material support to foreign terrorist 
     organizations designated pursuant to section 219 of the 
     Immigration and Nationality Act (8 U.S.C. 1189).
       (f) Termination.--The President may terminate any sanctions 
     imposed with respect to the government of a foreign country 
     under subsection (b) or (c) if the President determines and 
     notifies the appropriate congressional committees that the 
     government of the foreign country--
       (1) is no longer carrying out activities or transactions 
     for which the sanctions were imposed; and
       (2) has provided assurances to the United States Government 
     that it will not carry out

[[Page S7881]]

     activities or transactions for which sanctions may be imposed 
     under subsection (b) or (c) in the future.
       (g) Effective Date.--This section shall take effect on the 
     date of the enactment of this Act and apply with respect to 
     activities and transactions described in subparagraph (A) or 
     (B) of subsection (a)(1) that are carried out on or after 
     such date of enactment.

     SEC. 1296. EXEMPTIONS RELATING TO PROVISION OF HUMANITARIAN 
                   ASSISTANCE.

       (a) Sanctions With Respect to Foreign Persons and Agencies 
     and Instrumentalities of Foreign States.--The following 
     activities shall be exempt from sanctions under section 1294:
       (1) The conduct or facilitation of a transaction for the 
     sale of agricultural commodities, food, medicine, or medical 
     devices to a foreign person described in section 1294(a)(2).
       (2) The provision of humanitarian assistance to a foreign 
     person described in section 1294(a)(2), including engaging in 
     a financial transaction relating to humanitarian assistance 
     or for humanitarian purposes or transporting goods or 
     services that are necessary to carry out operations relating 
     to humanitarian assistance or humanitarian purposes.
       (b) Sanctions With Respect to Foreign Governments.--The 
     following activities shall be exempt from sanctions under 
     section 1295:
       (1) The conduct or facilitation of a transaction for the 
     sale of agricultural commodities, food, medicine, or medical 
     devices to Hamas, the Palestinian Islamic Jihad, or any 
     affiliate or successor thereof described in section 
     1295(a)(1).
       (2) The provision of humanitarian assistance to Hamas, the 
     Palestinian Islamic Jihad, or any affiliate or successor 
     thereof described in section 1295(a)(1), including engaging 
     in a financial transaction relating to humanitarian 
     assistance or for humanitarian purposes or transporting goods 
     or services that are necessary to carry out operations 
     relating to humanitarian assistance or humanitarian purposes.

     SEC. 1297. REPORT ON ACTIVITIES OF FOREIGN COUNTRIES TO 
                   DISRUPT GLOBAL FUNDRAISING, FINANCING, AND 
                   MONEY LAUNDERING ACTIVITIES OF HAMAS, THE 
                   PALESTINIAN ISLAMIC JIHAD, OR ANY AFFILIATE OR 
                   SUCCESSOR THEREOF.

       (a) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees a report that includes--
       (A) a list of foreign countries that support Hamas, the 
     Palestinian Islamic Jihad, or any affiliate or successor 
     thereof, or in which Hamas maintains important portions of 
     its financial networks;
       (B) with respect to each foreign country on the list 
     required by subparagraph (A)--
       (i) an assessment of whether the government of the country 
     is taking adequate measures to freeze the assets of Hamas, 
     the Palestinian Islamic Jihad, or any affiliate or successor 
     thereof within the territory of the country; and
       (ii) in the case of a country the government of which is 
     not taking adequate measures to freeze the assets of Hamas--

       (I) an assessment of the reasons that government is not 
     taking adequate measures to freeze those assets; and
       (II) a description of measures being taken by the United 
     States Government to encourage that government to freeze 
     those assets;

       (C) a list of foreign countries in which Hamas, the 
     Palestinian Islamic Jihad, or any affiliate or successor 
     thereof, conducts significant fundraising, financing, or 
     money laundering activities;
       (D) with respect to each foreign country on the list 
     required by subparagraph (C)--
       (i) an assessment of whether the government of the country 
     is taking adequate measures to disrupt the fundraising, 
     financing, or money laundering activities of Hamas, the 
     Palestinian Islamic Jihad, or any affiliate or successor 
     thereof within the territory of the country; and
       (ii) in the case of a country the government of which is 
     not taking adequate measures to disrupt those activities--

       (I) an assessment of the reasons that government is not 
     taking adequate measures to disrupt those activities; and
       (II) a description of measures being taken by the United 
     States Government to encourage that government to improve 
     measures to disrupt those activities; and

       (E) a list of foreign countries from which Hamas, the 
     Palestinian Islamic Jihad, or any affiliate or successor 
     thereof, acquires surveillance equipment, electronic 
     monitoring equipment, or other means to inhibit communication 
     or political expression in Gaza.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form to the greatest extent 
     possible and may contain a classified annex.
       (b) Briefing.--Not later than 180 days after the date of 
     the enactment of this Act, and every 180 days thereafter for 
     the following 3 years, the Secretary of State, the Secretary 
     of the Treasury, and the heads of other applicable Federal 
     departments and agencies (or their designees) shall provide 
     to the appropriate congressional committees a briefing on the 
     disposition of the assets and activities of Hamas, the 
     Palestinian Islamic Jihad, or any successor or affiliate 
     thereof related to fundraising, financing, and money 
     laundering worldwide.
       (c) Definition.--In this section, the term ``appropriate 
     congressional committees'' means--
       (1) the Committee on Foreign Relations, the Committee on 
     Banking, Housing, and Urban Affairs, and the Select Committee 
     on Intelligence of the Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Financial Services, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.

     SEC. 1298. MISCELLANEOUS PROVISIONS.

       (a) Rule of Construction.--Nothing in this subtitle shall 
     be construed to apply to the authorized intelligence 
     activities of the United States.
       (b) Regulatory Authority.--The President shall, not later 
     than 180 days after the date of the enactment of this Act, 
     prescribe regulations as are necessary for the implementation 
     of this subtitle.
       (c) Exception Relating to Importation of Goods.--
       (1) In general.--The authorities and requirements to impose 
     sanctions authorized under this subtitle shall not include 
     the authority or requirement to impose sanctions on the 
     importation of goods.
       (2) Good defined.--In this subsection, the term ``good'' 
     means any article, natural or man-made substance, material, 
     supply or manufactured product, including inspection and test 
     equipment, and excluding technical data.
       (d) Termination.--This subtitle shall terminate on the 
     earlier of--
       (1) 30 days after the date on which the President certifies 
     to the appropriate congressional committees that Hamas and 
     the Palestinian Islamic Jihad, or any successor or affiliate 
     thereof--
       (A) are no longer designated as a foreign terrorist 
     organization pursuant to section 219 of the Immigration and 
     Nationality Act (8 U.S.C. 1189);
       (B) are no longer subject to sanctions pursuant to--
       (i) Executive Order 12947 (50 U.S.C. 1701 note; relating to 
     prohibiting transactions with terrorists who threaten to 
     disrupt the Middle East peace process); and
       (ii) Executive Order 13224 (50 U.S.C. 1701 note; relating 
     to blocking property and prohibiting transactions with 
     persons who commit, threaten to commit, or support 
     terrorism); and
       (C) meet the criteria described in paragraphs (1) through 
     (4) of section 9 of the Palestinian Anti-Terrorism Act of 
     2006 (Public Law 109-446; 22 U.S.C. 2378b note); or
       (2) 3 years after the date of the enactment of this Act.

     SEC. 1299. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this subtitle, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010 (2 
     U.S.C. 931 et seq.), shall be determined by reference to the 
     latest statement titled ``Budgetary Effects of PAYGO 
     Legislation'' for this Act, submitted for printing in the 
     Congressional Record by the Chairman of the House Budget 
     Committee, provided that such statement has been submitted 
     prior to the vote on passage.
                                 ______
                                 
  SA 4358. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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--Sanctions and Other Measures Relating to the Taliban

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``Preventing the 
     Recognition of Terrorist States Act of 2021''.

     SEC. 1292. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to continue to recognize the democratically elected 
     government of the Islamic Republic of Afghanistan as the 
     legitimate Government of Afghanistan;
       (2) to not recognize the Islamic Emirate of Afghanistan, 
     which is controlled by the Taliban, as the official 
     Government of Afghanistan under any circumstances;
       (3) to view the Taliban's takeover of Afghanistan as a coup 
     d'etat and therefore illegitimate;
       (4) to recognize that individuals designated as terrorists 
     by the United States, such as Sirajuddin Haqqani, will play a 
     key role in the Taliban regime; and
       (5) to continue to assist the people of Afghanistan, 
     especially people at risk as a result of their activities, 
     beliefs, religion, or political views.

     SEC. 1293. PROHIBITION ON ACTIONS RECOGNIZING THE ISLAMIC 
                   EMIRATE OF AFGHANISTAN.

       (a) In General.--In furtherance of the policy set forth in 
     section 1292, no Federal department or agency may take any 
     action or extend any assistance that states or implies 
     recognition of the Taliban's claim of sovereignty over 
     Afghanistan.
       (b) Funding Limitation.--Notwithstanding any other 
     provision of law, no Federal funds appropriated or otherwise 
     made available for the Department of State, the United States 
     Agency for International Development, or

[[Page S7882]]

     the Department of Defense on or after the date of the 
     enactment of this Act may be obligated or expended to prepare 
     or promulgate any policy, guidance, regulation, notice, or 
     Executive order, or to otherwise implement, administer, or 
     enforce any policy, that extends diplomatic recognition to 
     the Islamic Emirate of Afghanistan.

     SEC. 1294. DESIGNATION OF ISLAMIC EMIRATE OF AFGHANISTAN AS A 
                   STATE SPONSOR OF TERRORISM.

       (a) In General.--The Secretary of State shall designate the 
     Islamic Emirate of Afghanistan as a state sponsor of 
     terrorism.
       (b) State Sponsor of Terrorism Defined.--In this section, 
     the term ``state sponsor of terrorism'' means a country the 
     government of which the Secretary of State has determined has 
     repeatedly provided support for acts of international 
     terrorism, for purposes of--
       (1) section 1754(c)(1)(A)(i) of the Export Control Reform 
     Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
       (2) section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371);
       (3) section 40(d) of the Arms Export Control Act (22 U.S.C. 
     2780(d)); or
       (4) any other provision of law.

     SEC. 1295. DESIGNATION OF THE TALIBAN AS A FOREIGN TERRORIST 
                   ORGANIZATION.

       The Secretary of State shall designate the Taliban as a 
     foreign terrorist organization pursuant to section 219 of the 
     Immigration and Nationality Act (8 U.S.C. 1189).

     SEC. 1296. DETERMINATIONS WITH RESPECT TO NARCOTICS 
                   TRAFFICKING AND MONEY LAUNDERING BY THE 
                   TALIBAN.

       Not later than 120 days after the date of the enactment of 
     this Act, the Secretary of State shall submit to Congress a 
     report that includes--
       (1) a determination of whether the Taliban should be 
     designated as--
       (A) a significant foreign narcotics trafficker (as defined 
     in section 808 of the Foreign Narcotics Kingpin Designation 
     Act (21 U.S.C. 1907)); or
       (B) a significant transnational criminal organization under 
     Executive Order 13581 (50 U.S.C. 1701 note; relating to 
     blocking property of transnational criminal organizations); 
     and
       (2) a determination of whether Afghanistan, while under the 
     control of the Taliban, should be designated as a high-risk 
     jurisdiction subject to a call for action (commonly referred 
     to as the ``black list'') under the criteria established for 
     such designation by the Financial Action Task Force.

     SEC. 1297. ASSESSMENT OF WHETHER RARE EARTH METALS EXPORTED 
                   FROM AFGHANISTAN VIOLATE PROHIBITION ON 
                   IMPORTATION OF GOODS MADE WITH FORCED LABOR.

       The Commissioner of U.S. Customs and Border Protection 
     shall--
       (1) assess whether the importation of rare earth metals 
     extracted in Afghanistan and goods produced from such metals 
     violates the prohibition on importation of goods made with 
     forced labor under section 307 of the Tariff Act of 1930 (19 
     U.S.C. 1307); and
       (2) consider issuing a withhold release order with respect 
     to such metals and goods to prevent such metals and goods 
     from entering the United States.

     SEC. 1298. REPORT ON DIPLOMATIC RELATIONS OF THE TALIBAN AND 
                   SUPPORTERS OF THE TALIBAN.

       Not later than 120 days after the date of the enactment of 
     this Act, and annually thereafter, the Secretary of State 
     shall submit to Congress a report that--
       (1) describes the Taliban's relations with Iran, the 
     Russian Federation, Pakistan, Saudi Arabia, the United Arab 
     Emirates, Tajikistan, Uzbekistan, and the People's Republic 
     of China;
       (2) identifies each foreign person that knowingly assists, 
     provides significant support or services to, or is involved 
     in a significant transaction with, a senior member of the 
     Taliban or a supporter of the Taliban; and
       (3) assesses--
       (A) the likelihood that the countries referred to in 
     paragraph (1) will seek to invest in Afghanistan's key 
     natural resources; and
       (B) the impact of such investments on the national security 
     of the United States.

     SEC. 1299. REPORT ON SAFE HARBOR PROVIDED TO TERRORIST 
                   ORGANIZATIONS BY PAKISTAN.

       Not later than 120 days after the date of the enactment of 
     this Act, and annually thereafter, the Secretary of State 
     shall submit to Congress and make available to the public a 
     report that describes the actions taken by the Government of 
     Pakistan to provide safe harbor to organizations--
       (1) designated by the Secretary of State as foreign 
     terrorist organizations under section 219 of the Immigration 
     and Nationality Act (8 U.S.C. 1189); and
       (2) designated as a specially designated global terrorist 
     organizations under Executive Order 13224 (50 U.S.C. 1701 
     note; relating to blocking property and prohibiting 
     transactions with persons who commit, threaten to commit, or 
     support terrorism).

     SEC. 1299A. IMPOSITION OF SANCTIONS WITH RESPECT TO 
                   SUPPORTERS OF THE TALIBAN.

       (a) In General.--The President shall impose 2 or more of 
     the sanctions described in subsection (b) with respect to 
     each foreign person identified under paragraph (2) of section 
     1298 in the most recent report submitted under that section.
       (b) Sanctions Described.--The sanctions that may be imposed 
     with respect to a foreign person under subsection (a) are the 
     following:
       (1) Export-import bank assistance for exports to sanctioned 
     persons.--The President may direct the Export-Import Bank of 
     the United States not to give approval to the issuance of any 
     guarantee, insurance, extension of credit, or participation 
     in the extension of credit in connection with the export of 
     any goods or services to the foreign person.
       (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 the foreign person 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 the 
     foreign person totaling more than $10,000,000 in any 12-month 
     period.
       (4) Blocking of property of identified persons.--The 
     President may exercise all powers granted to the President by 
     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 
     the foreign person if such property and interests in property 
     are in the United States, come within the United States, or 
     are or come within the possession or control of a United 
     States person.
       (c) Implementation; Penalties.--
       (1) Implementation.--The President may exercise the 
     authorities provided to the President under sections 203 and 
     205 of the International Emergency Economic Powers Act (50 
     U.S.C. 1702 and 1704) to the extent necessary to carry out 
     this section.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of this 
     section or any regulation, license, or order issued to carry 
     out this section shall be subject to the penalties set forth 
     in subsections (b) and (c) of section 206 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     to the same extent as a person that commits an unlawful act 
     described in subsection (a) of that section.
       (d) Exceptions.--
       (1) Exception for intelligence activities.--Sanctions under 
     this section shall not apply to any activity subject to the 
     reporting requirements under title V of the National Security 
     Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
     intelligence activities of the United States.
       (2) Exception relating to importation of goods.--
       (A) In general.--The authorities and requirements to impose 
     sanctions authorized under this section shall not include the 
     authority or a requirement to impose sanctions on the 
     importation of goods.
       (B) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment, and excluding technical data.
       (e) Definitions.--In this section:
       (1) Foreign person.--The term ``foreign person'' means a 
     person that is not a United States person.
       (2) United states person.--The term ``United States 
     person'' means--
       (A) an individual who is a United States citizen or an 
     alien lawfully admitted for permanent residence to the United 
     States;
       (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; or
       (C) any person in the United States.

     SEC. 1299B. REPEAL OF EXCEPTION TO SANCTIONS WITH RESPECT TO 
                   ENERGY, SHIPPING, AND SHIPBUILDING SECTORS OF 
                   IRAN RELATING TO AFGHANISTAN RECONSTRUCTION.

       Subsection (f) of section 1244 of the Iran Freedom and 
     Counter-Proliferation Act of 2012 (22 U.S.C. 8803) is 
     repealed.

     SEC. 1299C. LIMITATION ON HUMANITARIAN ASSISTANCE THAT COULD 
                   BENEFIT FOREIGN TERRORIST ORGANIZATIONS.

       (a) In General.--Before obligating funds described in 
     subsection (b) for assistance in or for Afghanistan and 
     Pakistan or any other country in which organizations 
     designated by the Secretary of State as foreign terrorist 
     organizations under section 219 of the Immigration and 
     Nationality Act (8 U.S.C. 1189) hold territory or wield 
     substantial economic or political power, the Administrator of 
     the United States Agency for International Development shall 
     take all appropriate steps to ensure that such assistance is 
     not provided to or through--
       (1) any individual, private or government entity, or 
     educational institution that the Secretary knows, or has 
     reason to believe, advocates, plans, sponsors, engages in, or 
     has engaged in, terrorist activity; or
       (2) any private entity or educational institution that has, 
     as a principal officer or

[[Page S7883]]

     member of the governing board or governing board of trustees 
     of the entity or institution, any individual who has been 
     determined to be--
       (A) involved in or advocating terrorist activity; or
       (B) a member of a foreign terrorist organization.
       (b) Funds Described.--Funds described in this subsection 
     are funds appropriated under the heading ``Economic Support 
     Fund'', ``Development Assistance'', ``Global Health'', 
     ``Transition Initiatives'', or ``International Humanitarian 
     Assistance'' in an Act making appropriations for the 
     Department of State, foreign operations, and related programs 
     or making supplemental appropriations.
       (c) Implementation.--
       (1) In general.--The Administrator of the United States 
     Agency for International Development shall, as appropriate--
       (A) establish procedures to specify the steps to be taken 
     in carrying out subsection (a); and
       (B) terminate assistance--
       (i) to any individual, entity, or educational institution 
     that the Secretary has determined to be involved in or 
     advocating terrorist activity; or
       (ii) that could benefit such an individual, entity, or 
     educational institution.
       (2) Inclusion of certain entities.--In establishing 
     procedures under paragraph (1)(A) with respect to steps to be 
     taken to ensure that assistance is not provided to 
     individuals, entities, or institutions described in 
     subsection (a), the Administrator shall ensure that the 
     recipients and subrecipients of assistance from the United 
     States Agency for International Development and their 
     contractors and subcontractors are included.

     SEC. 1299D. RESTRICTION ON FOREIGN ASSISTANCE TO COUNTRIES IN 
                   WHICH COUPS D'ETAT HAVE OCCURRED.

       (a) In General.--None of the funds appropriated or 
     otherwise made available pursuant to an Act making 
     appropriations for the Department of State, foreign 
     operations, and related programs or making supplemental 
     appropriations may be obligated or expended to finance 
     directly any assistance to the government of any country 
     whose duly elected head of government is deposed by military 
     coup d'etat or decree or, after the date of the enactment of 
     this Act, a coup d'etat or decree in which the military plays 
     a decisive role.
       (b) Resumption of Assistance.--Assistance described in 
     subsection (a) may be resumed to a government described in 
     that subsection if the Secretary of State certifies and 
     reports to Congress that, subsequent to the termination of 
     such assistance, a democratically elected government has 
     taken office.
       (c) Exception.--The prohibition under subsection (a) shall 
     not apply to assistance to promote democratic elections or 
     public participation in democratic processes.
       (d) Notification Procedures.--Funds made available pursuant 
     to subsection (b) or (c) shall be subject to the regular 
     notification procedures of the Committees on Appropriations 
     of the Senate and the House of Representatives.
                                 ______
                                 
  SA 4359. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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 XII, add the following:

     SEC. 1210. FUNDING FOR INTERNATIONAL MILITARY EDUCATION AND 
                   TRAINING IN LATIN AMERICA, SOUTHEAST ASIA, AND 
                   AFRICA.

       There is authorized to be appropriated for fiscal year 2022 
     for the Department of State $14,100,000 for International 
     Military Education and Training (IMET) assistance for 
     countries in Latin America, Southeast Asia, and Africa, to be 
     made available for purposes of--
       (1) training future leaders;
       (2) fostering a better understanding of the United States;
       (3) establishing a rapport between the United States Armed 
     Forces and the military forces of countries in Latin America, 
     Southeast Asia, and Africa to build partnerships for the 
     future;
       (4) enhancing interoperability and capabilities for joint 
     operations; and
       (5) focusing on professional military education, civilian 
     control of the military, and protection of human rights.
                                 ______
                                 
  SA 4360. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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. __. COUNTERING THE MILITARY-CIVIL FUSION STRATEGY OF THE 
                   CHINESE COMMUNIST PARTY.

       (a) Definitions.--In this section:
       (1) Chinese entity of concern.--The term ``Chinese entity 
     of concern'' means--
       (A) any college or university in the People's Republic of 
     China that is determined by the Secretary of Defense to be 
     involved in the implementation of the military-civil fusion 
     strategy, including--
       (i) any college or university known as the ``Seven Sons of 
     National Defense'';
       (ii) any college or university that receives funding from--

       (I) the People's Liberation Army; or
       (II) the Equipment Development Department, or the Science 
     and Technology Commission, of the Central Military 
     Commission;

       (iii) any college or university in the People's Republic of 
     China involved in military training and education, including 
     any such college or university in partnership with the 
     People's Liberation Army;
       (iv) any college or university in the People's Republic of 
     China that conducts military research or hosts dedicated 
     military initiatives or laboratories, including such a 
     college or university designated under the ``double first-
     class university plan'';
       (v) any college or university in the People's Republic of 
     China that is designated by the State Administration for 
     Science, Technology, and Industry for the National Defense to 
     host ``joint construction'' programs; and
       (vi) any college or university in the People's Republic of 
     China that has launched a platform for military-civil fusion 
     or created national defense laboratories;
       (B) any enterprise owned by the People's Republic of China; 
     and
       (C) any privately owned company in the People's Republic of 
     China--
       (i) that has received the Weapons and Equipment Research 
     and Production Certificate;
       (ii) that is otherwise known to have set up mechanisms for 
     engaging in activity in support of military initiatives;
       (iii) that has a history of subcontracting for the People's 
     Liberation Army or its affiliates; or
       (iv) that has an owner or a senior management official who 
     has served as a delegate to the National People's Congress or 
     a member of the Chinese People's Political Consultative 
     Conference.
       (2) Covered entity.--The term ``covered entity'' means--
       (A) any Federal agency that engages in research or provides 
     funding for research, including the National Science 
     Foundation and the National Institutes of Health;
       (B) any institution of higher education, or any other 
     private research institution, that receives any Federal 
     financial assistance; and
       (C) any private company headquartered in the United States 
     that receives Federal financial assistance.
       (3) Federal financial assistance.--The term ``Federal 
     financial assistance'' has the meaning given the term in 
     section 200.1 of title 2, Code of Federal Regulations (or 
     successor regulations).
       (4) Military-civil fusion strategy.--The term ``military-
     civil fusion strategy'' means the strategy of the Chinese 
     Communist Party aiming to mobilize non-military resources and 
     expertise to contribute directly to the development of 
     technology for use by the People's Liberation Army.
       (b) Prohibitions.--
       (1) In general.--No covered entity may engage with a 
     Chinese entity of concern in any scientific research or 
     technical exchange that has a direct bearing on, or the 
     potential for dual use in, the development of technologies 
     that the Chinese Communist Party has identified as a priority 
     of its national strategy of military-civil fusion and that 
     are listed on the website under subsection (c)(1)(A).
       (2) Private partnerships.--No covered entity described in 
     subsection (a)(2)(C) may form a partnership or joint venture 
     with another such covered entity for the purpose of engaging 
     in any scientific research or technical exchange described in 
     paragraph (1).
       (c) Website.--
       (1) In general.--The Secretary of Defense, in consultation 
     with the Secretary of State, the Director of National 
     Intelligence, the Director of the Federal Bureau of 
     Investigation, the Secretary of the Treasury, and the 
     Secretary of Commerce, shall establish and periodically 
     update a website that includes--
       (A) a list of the scientific research or technical exchange 
     for which the prohibitions under subsection (b) apply, which 
     shall initially include quantum computing, big data 
     analytics, semiconductors, new and advanced materials, 5G 
     telecommunications, advanced nuclear technology (including 
     nuclear power and energy storage), aerospace technology, and 
     artificial intelligence; and
       (B) to the extent practicable, a list of all Chinese 
     entities of concern.
       (2) Resources.--In establishing the website under paragraph 
     (1), the Secretary of Defense may use as a model any existing 
     resources, such as the China Defense Universities Tracker 
     maintained by the Australian Strategic Policy Institute, 
     subject to any other laws applicable to such resources.

[[Page S7884]]

       (d) Exception.--The prohibitions under subsection (b) shall 
     not apply to any collaborative study or research project in 
     fields involving information that would not contribute 
     substantially to the goals of the military-civil fusion 
     strategy, as determined by the guidelines set by the 
     Secretary of Defense.
       (e) Enforcement.--
       (1) In general.--Notwithstanding any other provision of 
     law, a covered entity described in subparagraph (B) or (C) of 
     subsection (a)(2) that violates a prohibition under 
     subsection (b) on or after the date of enactment of this Act 
     shall be precluded from receiving any Federal financial 
     assistance on or after the date of such violation.
       (2) Regulations.--The Secretary of Defense, in consultation 
     with the Secretary of State, the Director of National 
     Intelligence, the Director of the Federal Bureau of 
     Investigation, the Secretary of the Treasury, and the 
     Secretary of Commerce, shall--
       (A) promulgate regulations to enforce the prohibitions 
     under subsection (b) and the requirement under paragraph (1); 
     and
       (B) coordinate with the heads of other Federal agencies to 
     ensure the enforcement of such prohibitions and requirement.
                                 ______
                                 
  SA 4361. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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. TRANSFER OF CERTAIN UNEXPENDED FUNDS RELATED TO 
                   AFGHANISTAN FOR THE PURPOSE OF BUILDING A 
                   RESILIENT DOMESTIC INDUSTRIAL BASE AND 
                   STRENGTHENING DEFENSE TECHNOLOGY INNOVATION.

       (a) Statement of Policy.--It is the policy of the United 
     States that--
       (1) great power competition with the People's Republic of 
     China will define the future of the 21st century;
       (2) the People's Republic of China is a revisionist power 
     that seek to upend the international system in ways that are 
     inimical to United States national interests;
       (3) great power competition with the People's Republic of 
     China is global in nature and requires a whole-of-government 
     response;
       (4) resilient domestic manufacturing, a strong and advanced 
     United States Navy, and an innovative economy are critical to 
     succeeding in great power competition; and
       (5) promoting and supporting new technological research and 
     development will be necessary to maintain a competitive 
     advantage and effectively combat hostile efforts by the 
     Government of the People's Republic of China.
       (b) Transfer.--
       (1) In general.--The President shall transfer to each of 
     the following appropriations accounts for the following 
     purposes an amount equal to one-third of the total amount 
     rescinded under paragraph (2):
       (A) The Defense Production Act purchases account for 
     activities by the Department of Defense pursuant to sections 
     108, 301, 302, and 303 of the Defense Production Act of 1950 
     (50 U.S.C. 4518, 4531, 4532, 4533))
       (B) The Shipbuilding and Conversion, Navy account of the 
     Department of Defense.
       (C) The research, development, test, and evaluation, 
     Defense-wide account of the Department of Defense, to be 
     available for the Defense Advanced Research Projects Agency 
     to carry out projects related to strengthening the United 
     States' global advantage in strategic technologies, which may 
     include aerospace, robotics, artificial intelligence, 
     information technology, new and advanced materials, 
     biotechnology, advanced machinery, telecommunications, and 
     energy and power generation.
       (2) Rescission of unexpended funds dedicated to maintaining 
     a military and diplomatic presence in afghanistan.--The 
     following amounts are hereby rescinded:
       (A) The unobligated balance of amounts made available to 
     the Department of Defense for the Afghanistan Security Forces 
     Fund.
       (B) Of the unobligated balance of amounts made available to 
     the Department of State for Diplomatic Programs, all 
     remaining funds relating to maintaining United States 
     diplomatic personnel in Afghanistan.
       (C) Of the unobligated balance of amounts made available 
     for the Economic Support Fund, all remaining funds relating 
     to implementing and supporting comprehensive strategies to 
     combat corruption in Afghanistan, and for the reintegration 
     of former Taliban and other extremists.
       (D) Of the unobligated balance of amounts made available to 
     the Department of State for the International Narcotics 
     Control and Law Enforcement Fund, all remaining funds 
     relating to programs in Afghanistan.
       (E) Of the unobligated balance of amounts made available to 
     the Department of State for International Military Education 
     and Training programs, all remaining funds relating to 
     training personnel of the Afghan security forces.
                                 ______
                                 
  SA 4362. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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. ___. CONSUMER PROTECTIONS REGARDING COVERED FOREIGN 
                   SOFTWARE.

       (a) Consumer Warning and Acknowledgment for Download of 
     Covered Foreign Software.--
       (1) In general.--A software marketplace operator or an 
     owner of covered foreign software may not:
       (A) Permit a consumer to download covered foreign software 
     unless, before the download begins--
       (i) a warning that meets the requirements of paragraph (2) 
     is displayed to the consumer, separately from any privacy 
     policy, terms of service, or other notice; and
       (ii) the consumer is required to choose (by taking an 
     affirmative step such as clicking on a button) between the 
     options of--

       (I) acknowledging such warning and proceeding with the 
     download; or
       (II) cancelling the download.

       (B) Make available covered foreign software for download by 
     consumers unless the operator or owner has in place 
     procedures to ensure compliance with subparagraph (A).
       (2) Requirements for warning.--The requirements of this 
     paragraph are, with respect to a warning regarding covered 
     foreign software--
       (A) that the warning include--
       (i) the name of the covered foreign software;
       (ii) the name of each owner of the covered foreign 
     software, and, if applicable with respect to each such owner, 
     the name of the covered country--

       (I) under the laws of which such owner is organized;
       (II) in which such owner conducts its principal operations; 
     or
       (III) in which such owner is headquartered;

       (iii) the name of each controlling entity of the owner of 
     the covered foreign software, and if applicable with respect 
     to each such controlling entity, the name of the covered 
     country--

       (I) under the laws of which such entity is organized;
       (II) in which such entity conducts its principal 
     operations; or
       (III) in which such entity is headquartered;

       (iv) any enumerated risk to data privacy and security or 
     the censorship of speech associated with the laws and 
     practices of a covered country disclosed under this 
     subparagraph;
       (v) whether the owner of a covered foreign software, or any 
     controlling entity of such owner, has ever provided the data 
     of United States consumers, as it relates to such software, 
     to any law enforcement agency, intelligence agency, or other 
     government entity of a covered country; and
       (vi) a description of how to acknowledge the warning and 
     either proceed with or cancel the download;
       (B) that the warning be updated annually; and
       (C) such other requirements as the Commission, in 
     consultation with the Attorney General of the United States, 
     shall determine.
       (3) Liability of software owner.--If a software marketplace 
     operator permits a consumer to download covered foreign 
     software or makes covered foreign software available for 
     download in violation of paragraph (1), the operator shall 
     not be liable for a violation of such paragraph if the 
     operator reasonably relied on inaccurate information from the 
     owner of the covered foreign software in determining that the 
     software was not covered foreign software, and the owner of 
     the covered foreign software shall be considered to have 
     committed the violation of such paragraph.
       (b) Consumer Data Protections.--
       (1) Consumer data privacy practices.--
       (A) Consumer data report.--Not later than 30 days after the 
     date of enactment of this section (or in the case of covered 
     foreign software that is created after such date or software 
     that becomes covered foreign software after such date, 60 
     days after the date that such software is created or becomes 
     covered foreign software), and annually thereafter, an owner 
     of covered foreign software shall submit to the Commission 
     and the Attorney General of the United States a report that 
     includes a complete description of any consumer data privacy 
     practice of the owner as it relates to the data of United 
     States consumers, including--
       (i) the type of data of United States consumers being 
     accessed;
       (ii) a description of how such data is used by the owner;
       (iii) a description of any consumer data protection measure 
     in place that protects the rights and interests of United 
     States consumers;
       (iv) information regarding--

       (I) the number of requests from a law enforcement agency, 
     intelligence agency, or other government entity of a covered 
     country to disclose the consumer data of a person in the 
     United States; and

[[Page S7885]]

       (II) a description of how such requests were handled; and

       (v) a description of any internal content moderation 
     practice of the owner as it relates to the data of consumers 
     in the United States, including any such practice that also 
     relates to consumers in another country.
       (B) Public accessibility.--Notwithstanding any other 
     provision of law, not later than 60 days after the receipt of 
     a report under subparagraph (A), the Attorney General of the 
     United States shall publish the information contained in such 
     report (except for any confidential material) in a publicly 
     accessible manner.
       (2) Consumer data disclosure practices.--
       (A) Effect of disclosure and censorship.--An owner of 
     covered foreign software may not collect or store data of 
     United States consumers, as it relates to such covered 
     foreign software, if such owner complies with any request 
     from a law enforcement agency, intelligence agency, or other 
     government entity of a covered country--
       (i) to disclose the consumer data of a person in the United 
     States; or
       (ii) to censor the online activity of a person in the 
     United States.
       (B) Report to federal trade commission and attorney general 
     of the united states.--Not later than 14 days after receiving 
     a request described in subparagraph (A), an owner of covered 
     foreign software shall submit to the Commission and the 
     Attorney General of the United States a report that includes 
     a description of such request.
       (C) Access to consumer data in subsidiaries.--Not later 
     than 1 year after the date of enactment of this section, the 
     Commission, in consultation with the Attorney General of the 
     United States, shall issue regulations to require an owner of 
     covered foreign software to implement consumer data 
     protection measures to ensure that any parent company in a 
     covered country may not access the consumer data collected 
     and stored, or otherwise held, by a subsidiary entity of such 
     parent company in a country that is not a covered country.
       (3) Prohibitions on storage, use, and sharing of consumer 
     data.--
       (A) Use, transfer, and storage of consumer data.--With 
     respect to the consumer data of any person in the United 
     States, an owner of covered foreign software may not--
       (i) use such data in a covered country;
       (ii) transfer such data to a covered country; or
       (iii) store such data outside of the United States.
       (B) Sharing of consumer data.--An owner of covered foreign 
     software may not share with, sell to, or otherwise disclose 
     to any other commercial entity the consumer data of any 
     person in the United States.
       (4) Censorship remedy.--In the case where an owner of 
     covered foreign software censors the online activity of a 
     person in the United States, such owner shall provide any 
     affected user with a means to appeal such censorship.
       (c) Nonapplication of Communications Decency Act 
     Protections.--Notwithstanding section 230 of the 
     Communications Act of 1934 (47 U.S.C. 230) (commonly known as 
     the ``Communications Decency Act''), an owner of a covered 
     foreign software shall not be considered a provider of an 
     interactive computer service for purposes of subsection (c) 
     of such section with respect to such covered foreign 
     software.
       (d) Enforcement by the Federal Trade Commission.--
       (1) Unfair or deceptive acts or practices.--A violation of 
     this section or a regulation promulgated thereunder shall be 
     treated as a violation of a rule defining an unfair or 
     deceptive act or practice under section 18(a)(1)(B) of the 
     Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
       (2) Powers of commission.--
       (A) In general.--The Commission shall enforce this section 
     and the regulations promulgated thereunder 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. Any person who violates this section or a regulation 
     promulgated thereunder shall be subject to the penalties and 
     entitled to the privileges and immunities provided in the 
     Federal Trade Commission Act.
       (B) Additional relief.--In addition to the penalties 
     provided in the Federal Trade Commission Act (15 U.S.C. 41 et 
     seq.), if a court or the Commission (in a formal adjudicative 
     proceeding) determines that an owner of covered foreign 
     software violated this section or a regulation promulgated 
     thereunder, the court or the Commission shall prohibit the 
     owner from making such software available for sale or 
     download in the United States.
       (3) Regulations.--The Commission may promulgate regulations 
     under section 553 of title 5, United States Code, to carry 
     out this section.
       (4) Savings clause.--Nothing in this section shall be 
     construed to limit the authority of the Commission under any 
     other provision of law.
       (e) Criminal Offense.--
       (1) In general.--A software marketplace operator or an 
     owner of covered foreign software that knowingly violates 
     subsection (a) or (b) shall be fined $50,000 for each 
     violation.
       (2) Clarifications.--
       (A) Separate violation.--For purposes of paragraph (1), 
     each download by a consumer of a covered foreign software 
     that does not meet the requirements of subparagraph (A) of 
     subsection (a)(1) or is made available in violation of 
     subparagraph (B) of such subsection shall be treated as a 
     separate violation.
       (B) Individual offense.--An officer of a software 
     marketplace operator or of an owner of covered foreign 
     software who knowingly causes a violation of subsection 
     (a)(1) with the intent to conceal the fact that the software 
     is covered foreign software shall be fined under title 18, 
     United States Code.
       (3) Referral of evidence by the ftc.--Whenever the 
     Commission obtains evidence that a software marketplace 
     operator or owner of covered foreign software has engaged in 
     conduct that may constitute a violation of subsection (a) or 
     (b), the Commission shall transmit such evidence to the 
     Attorney General of the United States, who may institute 
     criminal proceedings under this subsection. Nothing in this 
     paragraph affects any other authority of the Commission to 
     disclose information.
       (f) Report to Congress.--Not later than 1 year after the 
     date of the enactment of this section, the Commission, in 
     consultation with the Attorney General of the United States, 
     shall submit to Congress a report on the implementation and 
     enforcement of this section.
       (g) Expansion of Covered Transactions Under the DPA.--
     Section 721(a)(4)(B)(iii)(III) of the Defense Production Act 
     of 1950 (50 U.S.C. 4565(a)(4)(B)(iii)(III)) is amended by 
     inserting ``or commercially available'' after ``sensitive''.
       (h) Express Preemption of State Law.--This section shall 
     supersede any provision of a law, regulation, or other 
     requirement of any State or political subdivision of a State 
     to the extent that such provision relates to the privacy or 
     security of consumer data or the downloading of covered 
     foreign software.
       (i) Definitions.--In this section:
       (1) Censor.--
       (A) In general.--The term ``censor'', with respect to the 
     online activity of a person in the United States, means--
       (i) to alter, delete, remove, or otherwise make 
     inaccessible user information without the consent of such 
     user; or
       (ii) to alter, delete, remove, deny, prevent, or otherwise 
     prohibit user activity without the consent of such user.
       (B) Exception.--Such term shall not include any action by 
     an owner of covered foreign software that is taken for the 
     purpose of restricting access to, or availability of, 
     material that the owner considers to be obscene, lewd, 
     lascivious, filthy, excessively violent, harassing, or 
     otherwise objectionable, whether or not such material is 
     constitutionally protected.
       (2) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (3) Covered country.--
       (A) In general.--Subject to subparagraph (B), the term 
     ``covered country'' means--
       (i) China, Russia, North Korea, Iran, Syria, Sudan, 
     Venezuela, or Cuba;
       (ii) any other country the government of which the 
     Secretary of State determines has provided support for 
     international terrorism pursuant to--

       (I) section 1754(c)(1)(A) of the Export Control Reform Act 
     of 2018 (50 U.S.C. 4318(c)(1)(A));
       (II) section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371);
       (III) section 40 of the Arms Export Control Act (22 U.S.C. 
     2780); or
       (IV) any other provision of law; and

       (iii) any other country designated by the Attorney General 
     of the United States based on findings that such country's 
     control over potentially dangerous software poses an undue or 
     unnecessary risk to the national security of the United 
     States or to the safety and security of United States 
     persons.
       (B) Process.--
       (i) Advance notice to congress.--The Attorney General of 
     the United States shall not designate a country under 
     subparagraph (A)(iii) (or revoke such a designation under 
     clause (iii)) unless the Attorney General of the United 
     States--

       (I) provides not less than 30 days notice prior to making 
     such designation or revocation to--

       (aa) the Committee on Energy and Commerce of the House of 
     Representatives;
       (bb) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       (cc) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (dd) the Select Committee on Intelligence of the Senate; 
     and

       (II) upon request, provides an in-person briefing to each 
     such Committee during the 30-day notice period.

       (ii) Notice and publication of designation.--Upon 
     designating a country under subparagraph (A)(iii), the 
     Attorney General of the United States shall transmit a 
     notification of the designation to the Commission, and shall 
     publish such notification. Such designation shall become 
     effective on the day that is 60 days after the date on which 
     such notification is transmitted and published.
       (iii) Revocation of designation.--The designation of a 
     country under subparagraph (A) may only be revoked by the 
     Attorney General of the United States.
       (4) Covered foreign software.--
       (A) In general.--The term ``covered foreign software'' 
     means any of the following:
       (i) Software that is owned or, directly or indirectly, 
     controlled by a person described in subparagraph (B).

[[Page S7886]]

       (ii) Software that stores data of United States consumers 
     in a covered country.
       (B) Persons described.--A person described in this 
     subparagraph is--
       (i) a person (other than an individual)--

       (I) that is organized under the laws of a covered country;
       (II) the principal operations of which are conducted in a 
     covered country; or
       (III) that is headquartered in a covered country; or

       (ii) a person (other than an individual) that is, directly 
     or indirectly, controlled by a person described in clause 
     (i).
       (5) Mobile application.--The term ``mobile application'' 
     means a software program that runs on the operating system of 
     a smartphone, tablet computer, or similar mobile electronic 
     device.
       (6) Software.--The term ``software'' means any computer 
     software program, including a mobile application.
       (7) Software marketplace operator.--The term ``software 
     marketplace operator'' means a person who, for a commercial 
     purpose, operates an online store or marketplace through 
     which software is made available for download by consumers in 
     the United States.
                                 ______
                                 
  SA 4363. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. __. REIMBURSEMENT OF INTEREST PAYMENTS RELATED TO PUBLIC 
                   ASSISTANCE.

       Title IV of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 431. REIMBURSEMENT OF INTEREST PAYMENTS RELATED TO 
                   PUBLIC ASSISTANCE.

       ``(a) In General.--The President may provide financial 
     assistance to a local government as reimbursement for 
     qualifying interest.
       ``(b) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Prime rate.--The term `prime rate' means the average 
     predominant prime rate quoted by commercial banks to large 
     businesses, as determined by the Board of Governors of the 
     Federal Reserve System.
       ``(2) Qualifying interest.--The term `qualifying interest' 
     means, with respect to a qualifying loan, the lesser of--
       ``(A) the actual interest paid to a lender for such 
     qualifying loan; and
       ``(B) the interest that would have been paid to a lender if 
     such qualifying loan had an interest rate equal to the prime 
     rate most recently published on the Federal Reserve 
     Statistical Release on selected interest rates.
       ``(3) Qualifying loan.--The term `qualifying loan' means a 
     loan--
       ``(A) obtained by a local government; and
       ``(B) of which not less than 90 percent of the proceeds are 
     used to fund activities for which such local government 
     receives assistance under this Act after the date on which 
     such loan is disbursed.''.
                                 ______
                                 
  SA 4364. Mr. RUBIO (for himself and Mr. Warner) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ____. AIR AMERICA.

       (a) Short Title.--This section may be cited as the ``Air 
     America Act of 2021''.
       (b) Findings.--Congress finds the following:
       (1) Air America, Incorporated (referred to in this section 
     as ``Air America'') and its related cover corporate entities 
     were wholly owned and controlled by the United States 
     Government and directed and managed by the Department of 
     Defense, the Department of State, and the Central 
     Intelligence Agency from 1950 to 1976.
       (2) Air America, a corporation owned by the Government of 
     the United States, constituted a ``Government corporation'', 
     as defined in section 103 of title 5, United States Code.
       (3) It is established that the employees of Air America and 
     the other entities described in paragraph (1) were Federal 
     employees.
       (4) The employees of Air America were retroactively 
     excluded from the definition of the term ``employee'' under 
     section 2105 of title 5, United States Code, on the basis of 
     an administrative policy change in paperwork requirements 
     implemented by the Office of Personnel Management 10 years 
     after the service of the employees had ended and, by 
     extension, were retroactively excluded from the definition of 
     the term ``employee'' under section 8331 of title 5, United 
     States Code, for retirement credit purposes.
       (5) The employees of Air America were paid as Federal 
     employees, with salaries subject to--
       (A) the General Schedule under subchapter III of chapter 53 
     of title 5, United States Code; and
       (B) the rates of basic pay payable to members of the Armed 
     Forces.
       (6) The service and sacrifice of the employees of Air 
     America included--
       (A) suffering a high rate of casualties in the course of 
     employment;
       (B) saving thousands of lives in search and rescue missions 
     for downed United States airmen and allied refugee 
     evacuations; and
       (C) lengthy periods of service in challenging circumstances 
     abroad.
       (c) Definitions.--In this section--
       (1) the term ``affiliated company'', with respect to Air 
     America, includes Air Asia Company Limited, CAT Incorporated, 
     Civil Air Transport Company Limited, and the Pacific Division 
     of Southern Air Transport; and
       (2) the term ``qualifying service'' means service that--
       (A) was performed by a United States citizen as an employee 
     of Air America or an affiliated company during the period 
     beginning on January 1, 1950, and ending on December 31, 
     1976; and
       (B) is documented in the attorney-certified corporate 
     records of Air America or any affiliated company.
       (d) Treatment as Federal Employment.--Any period of 
     qualifying service--
       (1) is deemed to have been service of an employee (as 
     defined in section 2105 of title 5, United States Code) with 
     the Federal Government; and
       (2) shall be treated as creditable service by an employee 
     for purposes of subchapter III of chapter 83 of title 5, 
     United States Code.
       (e) Rights.--An individual who performed qualifying 
     service, or a survivor of such an individual, shall be 
     entitled to the rights, retroactive as applicable, provided 
     to employees and their survivors for creditable service under 
     the Civil Service Retirement System under subchapter III of 
     chapter 83 of title 5, United States Code, with respect to 
     that qualifying service.
       (f) Deduction, Contribution, and Deposit Requirements.--The 
     deposit of funds in the Treasury of the United States made by 
     Air America in the form of a lump-sum payment apportioned in 
     part to the Civil Service Disability & Retirement Fund in 
     1976 is deemed to satisfy the deduction, contribution, and 
     deposit requirements under section 8334 of title 5, United 
     States Code, with respect to all periods of qualifying 
     service.
       (g) Application Time Limit.--Section 8345(i)(2) of title 5, 
     United States Code, shall be applied with respect to the 
     death of an individual who performed qualifying service by 
     substituting ``2 years after the effective date under 
     subsection (h) of the Air America Act of 2021'' for ``30 
     years after the death or other event which gives rise to 
     title to the benefit''.
       (h) Effective Date.--This section shall take effect on the 
     date that is 30 days after the date of enactment of this Act.
                                 ______
                                 
  SA 4365. Mr. RUBIO (for himself and Mr. Merkley) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title XII, add the following:

         Subtitle H--Taiwan Relations Reinforcement Act of 2021

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``Taiwan Relations 
     Reinforcement Act of 2021''.

     SEC. 1292. A TWENTY-FIRST CENTURY PARTNERSHIP WITH TAIWAN.

       (a) Statement of Policy.--It is the policy of the United 
     States to create and execute a plan for enhancing its 
     relationship with Taiwan by forming a robust partnership that 
     meets the challenges of the 21st century, fully accounts for 
     Taiwan's democratization, and remains faithful to United 
     States principles and values in keeping with the Taiwan 
     Relations Act and the Six Assurances.
       (b) Interagency Taiwan Policy Task Force.--Not later than 
     90 days after the date of the enactment of this Act, the 
     President shall create an interagency Taiwan policy task 
     force consisting of senior officials from the Office of the 
     President, the National Security Council, the Department of 
     State, the Department of Defense, the Department of the 
     Treasury, the Department of Commerce, and the Office of the 
     United States Trade Representative.
       (c) Report.--The interagency Taiwan Policy Task Force 
     established under subsection (b) shall submit an annual 
     unclassified report with a classified annex to the 
     appropriate congressional committees outlining policy and 
     actions to be taken to create and execute a plan for 
     enhancing our partnership and relations with Taiwan.

[[Page S7887]]

  


     SEC. 1293. AMERICAN INSTITUTE IN TAIWAN.

       The position of Director of the American Institute in 
     Taiwan's Taipei office shall be subject to the advice and 
     consent of the Senate, and effective upon enactment of this 
     Act shall have the title of Representative.

     SEC. 1294. SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE 
                   PROGRAMS WITH TAIWAN.

       (a) Statement of Policy.--It is the policy of the United 
     States to support United States educational and exchange 
     programs with Taiwan, including by authorizing such sum as 
     may be necessary to promote the study of Chinese language, 
     culture, history, and politics in Taiwan.
       (b) Establishment of the United States-Taiwan Cultural 
     Exchange Foundation.--The Secretary of State shall establish 
     a new United States-Taiwan Cultural Exchange Foundation, an 
     independent nonprofit dedicated to deepening ties between the 
     future leaders of Taiwan and the United States. The 
     Foundation shall work with State and local school districts 
     and educational institutions to send high school and 
     university students to Taiwan to study the Chinese language, 
     culture, history, politics, and other relevant subjects.
       (c) Partnering With TECRO.--State and local school 
     districts and educational institutions such as public 
     universities shall partner with the Taipei Economic and 
     Cultural Representative Office (TECRO) in the United States 
     to establish programs to promote an increase in educational 
     and cultural exchanges.
       (d) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State shall submit to 
     the appropriate congressional committees a report on 
     cooperation between the United States Government and the 
     Taiwanese government to create an alternative to Confucius 
     Institutes in an effort to promote freedom, democracy, 
     universal values, culture, and history in conjunction with 
     Chinese language education.

     SEC. 1295. PARTICIPATION OF TAIWAN IN INTERNATIONAL 
                   ORGANIZATIONS.

       (a) Statement of Policy.--It is the policy of the United 
     States to promote Taiwan's inclusion and meaningful 
     participation in meetings held by international 
     organizations.
       (b) Support for Meaningful Participation.--The Permanent 
     Representative of the United States to the United Nations and 
     other relevant United States officials should actively 
     support Taiwan's membership and meaningful participation in 
     international organizations.
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State shall submit to 
     the appropriate congressional committees a report on China's 
     efforts at the United Nations and other international bodies 
     to block Taiwan's meaningful participation and inclusion and 
     recommend appropriate responses to be taken by the United 
     States.

     SEC. 1296. INVITATION OF TAIWANESE COUNTERPARTS TO HIGH-LEVEL 
                   BILATERAL AND MULTILATERAL FORUMS AND 
                   EXERCISES.

       (a) Statement of Policy.--It is the policy of the United 
     States to invite Taiwanese counterparts to participate in 
     high-level bilateral and multilateral summits, military 
     exercises, and economic dialogues and forums.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States Government should invite Taiwan to 
     regional dialogues on issues of mutual concern;
       (2) the United States Government and Taiwanese counterparts 
     should resume meetings under the United States-Taiwan Trade 
     and Investment Framework Agreement and reach a bilateral free 
     trade agreement;
       (3) the United States Government should invite Taiwan to 
     participate in bilateral and multilateral military training 
     exercises; and
       (4) the United States Government and Taiwanese counterparts 
     should engage in a regular and routine strategic bilateral 
     dialogue on arms sales in accordance with Foreign Military 
     Sales mechanisms, and the United States Government should 
     support export licenses for direct commercial sales 
     supporting Taiwan's indigenous defensive capabilities.

     SEC. 1297. REPORT ON TAIWAN TRAVEL ACT.

       (a) List of High-Level Visits.--Not later than 180 days 
     after the date of the enactment of this Act, and annually 
     thereafter, the Secretary of State shall, in accordance with 
     the Taiwan Travel Act (Public Law 115-135), submit to the 
     appropriate congressional committees a list of high-level 
     officials from the United States Government that have 
     traveled to Taiwan and a list of high-level officials of 
     Taiwan that have entered the United States.
       (b) Annual Report.--Not later than 90 days after the date 
     of the enactment of this Act, and annually thereafter, the 
     Secretary of State shall submit to the appropriate 
     congressional committees a report on implementation of the 
     Taiwan Travel Act.

     SEC. 1298. PROHIBITIONS AGAINST UNDERMINING UNITED STATES 
                   POLICY REGARDING TAIWAN.

       (a) Prohibition on Recognition of PRC Claims to Sovereignty 
     Over Taiwan.--
       (1) Statement of policy.--It is the policy of the United 
     States to oppose any attempt by the PRC authorities to 
     unilaterally impose a timetable or deadline for unification 
     on Taiwan.
       (2) Prohibition on recognition of prc claims without assent 
     of people of taiwan.-- No department or agency of the United 
     States Government may formally or informally recognize PRC 
     claims to sovereignty over Taiwan without the assent of the 
     people of Taiwan, as expressed directly through the 
     democratic process.
       (3) Treatment of taiwan government.--
       (A) In general.--The Department of State and other United 
     States Government agencies shall treat the democratically 
     elected government of Taiwan as the legitimate representative 
     of the people of Taiwan and end the outdated practice of 
     referring to the government in Taiwan as the ``authorities''. 
     Notwithstanding the continued supporting role of the American 
     Institute in Taiwan in carrying out United States foreign 
     policy and protecting United States interests in Taiwan, the 
     United States Government shall not place any restrictions on 
     the ability of officials of the Department of State and other 
     United States Government agencies from interacting directly 
     and routinely with counterparts in the Taiwan government.
       (B) Rule of construction.--Nothing in this paragraph shall 
     be construed as entailing restoration of diplomatic relations 
     with the Republic of China, which were terminated on January 
     1, 1979, or altering the United States Government's position 
     on Taiwan's international status.
       (b) Strategy To Protect United States Businesses and 
     Nongovernmental Entities From Coercion.--Not later than 90 
     days after the date of the enactment of this Act, the 
     Secretary of State, in consultation with the Secretary of 
     Commerce, the Secretary of the Treasury, and the heads of 
     other relevant Federal agencies, shall submit an unclassified 
     report, with a classified annex if necessary, to protect 
     United States businesses and nongovernmental entities from 
     sharp power operations, including coercion and threats that 
     lead to censorship or self-censorship, or which compel 
     compliance with political or foreign policy positions of the 
     Government of the People's Republic of China and the Chinese 
     Communist Party. The strategy shall include the following 
     elements:
       (1) Information on efforts by the Government of the 
     People's Republic of China to censor the websites of United 
     States airlines, hotels, and other businesses regarding the 
     relationship between Taiwan and the People's Republic of 
     China.
       (2) Information on efforts by the Government of the 
     People's Republic of China to target United States 
     nongovernmental entities through sharp power operations 
     intended to weaken support for Taiwan.
       (3) Information on United States Government efforts to 
     counter the threats posed by Chinese state-sponsored 
     propaganda and disinformation, including information on best 
     practices, current successes, and existing barriers to 
     responding to this threat.
       (4) Details of any actions undertaken to create a code of 
     conduct and a timetable for implementation.

     SEC. 1299. STRATEGY TO RESPOND TO SHARP POWER OPERATIONS 
                   TARGETING TAIWAN.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     develop and implement a strategy to respond to sharp power 
     operations and the united front campaign supported by the 
     Government of the People's Republic of China and the Chinese 
     Communist Party that are directed toward persons or entities 
     in Taiwan.
       (b) Elements.--The strategy required under subsection (a) 
     shall include the following elements:
       (1) Development of a response to PRC propaganda and 
     disinformation campaigns and cyber-intrusions targeting 
     Taiwan, including--
       (A) assistance in building the capacity of the Taiwan 
     government and private-sector entities to document and expose 
     propaganda and disinformation supported by the Government of 
     the People's Republic of China, the Chinese Communist Party, 
     or affiliated entities;
       (B) assistance to enhance the Taiwan government's ability 
     to develop a whole-of-government strategy to respond to sharp 
     power operations, including election interference; and
       (C) media training for Taiwan officials and other Taiwan 
     entities targeted by disinformation campaigns.
       (2) Development of a response to political influence 
     operations that includes an assessment of the extent of 
     influence exerted by the Government of the People's Republic 
     of China and the Chinese Communist Party in Taiwan on local 
     political parties, financial institutions, media 
     organizations, and other entities.
       (3) Support for exchanges and other technical assistance to 
     strengthen the Taiwan legal system's ability to respond to 
     sharp power operations.
       (4) Establishment of a coordinated partnership, through the 
     Global Cooperation and Training Framework, with like-minded 
     governments to share data and best practices with the 
     Government of Taiwan on ways to address sharp power 
     operations supported by the Government of the People's 
     Republic of China and the Chinese Communist Party.

     SEC. 1299A. REPORT ON DETERRENCE IN THE TAIWAN STRAIT.

       Not later than 180 days after the date of the enactment of 
     this Act, and annually thereafter, the Secretary of State and 
     the Secretary of Defense shall submit to the appropriate 
     congressional committees a joint

[[Page S7888]]

     report that assesses the military posture of Taiwan and the 
     United States as it specifically pertains to the deterrence 
     of military conflict and conflict readiness in the Taiwan 
     Strait. In light of the changing military balance in the 
     Taiwan Strait, the report should include analysis of whether 
     current Taiwan and United States policies sufficiently deter 
     efforts to determine the future of Taiwan by other than 
     peaceful means.

     SEC. 1299B. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives.
       (2) Sharp power.--The term ``sharp power'' means the 
     coordinated and often concealed application of 
     disinformation, media manipulation, economic coercion, cyber-
     intrusions, targeted investments, and academic censorship 
     that is intended--
       (A) to corrupt political and nongovernmental institutions 
     and interfere in democratic elections and encourage self-
     censorship of views at odds with those of the Government of 
     the People's Republic of China or the Chinese Communist 
     Party; or
       (B) to foster attitudes, behavior, decisions, or outcomes 
     in Taiwan and elsewhere that support the interests of the 
     Government of the People's Republic of China or the Chinese 
     Communist Party.
                                 ______
                                 
  SA 4366. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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--Countering Chinese Influence

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``Countering the Chinese 
     Government and Communist Party's Political Influence 
     Operations Act''.

     SEC. 1292. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Appropriations of the Senate;
       (B) the Committee on Armed Services of the Senate;
       (C) the Committee on Foreign Relations of the Senate;
       (D) the Committee on Health, Education, Labor, and Pensions 
     of the Senate;
       (E) the Committee on the Judiciary of the Senate;
       (F) the Select Committee on Intelligence of the Senate;
       (G) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (H) the Committee on Appropriations of the House of 
     Representatives;
       (I) the Committee on Armed Services of the House of 
     Representatives;
       (J) the Committee on Education and Labor of the House of 
     Representatives;
       (K) the Committee on Foreign Affairs of the House of 
     Representatives;
       (L) the Committee on the Judiciary of the House of 
     Representatives;
       (M) the Permanent Select Committee on Intelligence of the 
     House of Representatives; and
       (N) the Committee on Financial Services of the House of 
     Representatives.
       (2) Political influence operations.--The term ``political 
     influence operations'' means the coordinated and often 
     concealed application of disinformation, press manipulation, 
     economic coercion, targeted investments, corruption, or 
     academic censorship, which are often intended--
       (A) to coerce and corrupt United States interests, values, 
     institutions, or individuals; and
       (B) to foster attitudes, behavior, decisions, or outcomes 
     in the United States that support the interests of the 
     Government of the People's Republic of China or the Chinese 
     Communist Party.

     SEC. 1293. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to clearly differentiate between the Chinese people and 
     culture and the Government of the People's Republic of China 
     and the Chinese Communist Party in official statements, media 
     messaging, and policy;
       (2) to clearly differentiate between legal, internationally 
     accepted public diplomacy and strategic communications 
     campaigns and illicit activities to undermine democratic 
     institutions or freedoms;
       (3) to protect United States citizens and legal residents 
     from malign or coercive political influence operations;
       (4) to enhance cooperation and coordination with the United 
     Kingdom, Australia, Canada, New Zealand, Japan, Taiwan, 
     Singapore, and the members of the European Union, whose 
     governments and institutions have faced acute pressure from 
     the political influence operations of the Government of the 
     People's Republic of China and the Chinese Communist Party, 
     and with other allies throughout the world;
       (5) to create strategies to ensure that countries in 
     Africa, the Western Hemisphere, Southeast Asia, and elsewhere 
     are aware of the People's Republic of China's ``sharp power'' 
     tactics, including the Chinese Communist Party's party-to-
     party training program, which is designed to instill 
     admiration and emulation of Beijing's governance model and 
     weaken democracy in these regions, and provide needed 
     capacity to counter them effectively;
       (6) to implement more advanced transparency requirements 
     concerning collaboration with Chinese actors for media 
     agencies, universities, think tanks, and government 
     officials;
       (7) to use various forums to raise awareness about--
       (A) the goals and methods of the political influence 
     operations of the Government of the People's Republic of 
     China and the Chinese Communist Party; and
       (B) common patterns and approaches used by Chinese 
     intelligence agencies or related actors;
       (8) to require greater transparency for Confucius 
     Institutes, think tanks, academic programs, and 
     nongovernmental organizations funded primarily by the 
     Government of the People's Republic of China and the Chinese 
     Communist Party, or by individuals or public or private 
     organizations with a demonstrable affiliation with the 
     Government of the People's Republic of China and the Chinese 
     Communist Party that are operating in the United States to 
     register through the Foreign Agents Registration Act of 1938 
     (22 U.S.C. 611 et seq.) or a comparable mechanism;
       (9) to seek ways to increase Chinese language proficiency 
     among mid-career professionals that do not rely on funding 
     linked to the Government of the People's Republic of China;
       (10) to ensure that existing tools are sufficiently 
     screening for the risk of Chinese influence operations; and
       (11) to create more flexible tools, as needed, with the 
     goals of--
       (A) screening investments from the Government of the 
     People's Republic of China or sources backed by such 
     government to protect against the takeover of United States 
     companies by Chinese state-owned or state-driven entities; 
     and
       (B) protecting institutions or business sectors critically 
     important to United States national security and the 
     viability of democratic institutions.

     SEC. 1294. STRATEGY TO COUNTER ``SHARP POWER'' POLITICAL 
                   INFLUENCE OPERATIONS AND TO PROTECT UNITED 
                   STATES CITIZENS.

       (a) In General.--The Secretary of State and the Secretary 
     of Homeland Security, in coordination with all relevant 
     Federal agencies, shall develop a long-term strategy--
       (1) to carry out the policy set forth in section 1293(c);
       (2) to effectively counter the ``sharp power'' political 
     influence operations of the Chinese Communist Party globally 
     and in the United States;
       (3) to ensure that United States citizens, particularly 
     Chinese Americans and members of the Chinese, Uyghur, 
     Mongolian, Korean, Taiwanese, and Tibetan diaspora who are 
     often the victims and primary targets of malign political 
     influence operations, are protected;
       (4) to ensure that--
       (A) the United States Government strategy to protect the 
     communities described in paragraph (3) is clearly 
     communicated by relevant Federal officials; and
       (B) secure outlets are created for reporting on 
     intimidation and surveillance;
       (5) to ensure that Chinese nationals who are legally 
     studying, living, or working temporarily in the United States 
     know that intimidation or surveillance by the Government of 
     the People's Republic of China and the Chinese Communist 
     Party is an unacceptable invasion of their rights while they 
     reside in the United States;
       (6) to provide secure outlets for reporting on intimidation 
     and surveillance; and
       (7) to identify new tools or authorities necessary to 
     implement this strategy.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, and annually thereafter, the Secretary 
     of State or an appropriate high-ranking official shall--
       (1) submit an unclassified report, which may include a 
     classified annex, containing the strategy required under 
     subsection (a) to the appropriate congressional committees; 
     or
       (2) describe the strategy required under subsection (a) 
     through unclassified testimony before the Committee on 
     Foreign Relations of the Senate or the Committee on Foreign 
     Affairs of the House of Representatives.

     SEC. 1295. REPORT ON THE POLITICAL INFLUENCE OPERATIONS OF 
                   THE GOVERNMENT OF CHINA AND THE CHINESE 
                   COMMUNIST PARTY.

       (a) In General.--Because it is important for United States 
     policymakers and the American people to be informed about the 
     influence operations described in section 1293, not later 
     than 270 days after the date of the enactment of this Act, 
     and annually thereafter, the Secretary of State, in 
     coordination with the Director of National Intelligence, and 
     in consultation with the heads of relevant Federal 
     departments and agencies, shall submit an unclassified 
     report,

[[Page S7889]]

     which may include a classified annex, to the appropriate 
     congressional committees that describes the political 
     influence operations of the Government of the People's 
     Republic of China and the Chinese Communist Party affecting 
     the United States and select allies and partners, including 
     the United Kingdom, Canada, Australia, New Zealand, Taiwan, 
     and Japan, including efforts--
       (1) to exert influence over United States governmental or 
     nongovernmental institutions or individuals, or government 
     officials among United States allies and partners;
       (2) to coerce or threaten United States citizens or legal 
     permanent residents or their families and associates living 
     in China or elsewhere;
       (3) to undermine democratic institutions and the freedoms 
     of speech, expression, the press, association, assembly, 
     religion, or academic thought;
       (4) to otherwise suppress information in public fora, in 
     the United States and abroad; or
       (5) to develop or obtain property, facilities, 
     infrastructure, business entities, or other assets for use in 
     facilitating the activities described in paragraphs (1) 
     through (4).
       (b) Contents.--The report required under subsection (a) 
     shall include recommendations for the President and Congress 
     relating to--
       (1) the need for additional resources or authorities to 
     counter political influence operations in the United States 
     directed by the Government of the People's Republic of China 
     and the Chinese Communist Party, including operations carried 
     out in concert with allies;
       (2) whether a permanent office to monitor and respond to 
     political influence operations of the Government of the 
     People's Republic of China and the Chinese Communist Party 
     should be established within the Department of State or 
     within the Office of the Director of National Intelligence; 
     and
       (3) whether regular public reports on the political 
     influence operations of the Government of the People's 
     Republic of China and the Chinese Communist Party are needed 
     to inform Congress and the American people of the scale and 
     scope of such operations.
                                 ______
                                 
  SA 4367. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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. IMPOSITION OF SANCTIONS WITH RESPECT TO 
                   ESTABLISHMENT OR MAINTENANCE OF MILITARY 
                   INSTALLATIONS OF PEOPLE'S LIBERATION ARMY.

       (a) In General.--The President shall impose the sanctions 
     described in subsection (b) with respect to each foreign 
     person that the President determines facilitates the 
     establishment or maintenance of a military installation of 
     the People's Liberation Army outside of the People's Republic 
     of China.
       (b) Sanctions Described.--The sanctions to be imposed under 
     subsection (a) with respect to a foreign person described in 
     that subsection are the following:
       (1) Asset blocking.--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 
     property and interests in property of the foreign person if 
     such property and interests in property are in the United 
     States, come within the United States, or are or come within 
     the possession or control of a United States person.
       (2) Ineligibility for visas, admission, or parole.--
       (A) Visas, admission, or parole.--An alien described in 
     subsection (a) is--
       (i) inadmissible to the United States;
       (ii) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--An alien described in subsection (a) is 
     subject to revocation of any visa or other entry 
     documentation regardless of when the visa or other entry 
     documentation is or was issued.
       (ii) Immediate effect.--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 alien's possession.

       (c) Implementation; Penalties.--
       (1) Implementation.--The President may exercise the 
     authorities provided to the President under sections 203 and 
     205 of the International Emergency Economic Powers Act (50 
     U.S.C. 1702 and 1704) to the extent necessary to carry out 
     this section.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     subsection (b)(1) or any regulation, license, or order issued 
     to carry out that subsection shall be subject to the 
     penalties set forth in subsections (b) and (c) of section 206 
     of the International Emergency Economic Powers Act (50 U.S.C. 
     1705) to the same extent as a person that commits an unlawful 
     act described in subsection (a) of that section.
       (d) Exceptions.--
       (1) Exception for intelligence activities.--Sanctions under 
     this section shall not apply to any activity subject to the 
     reporting requirements under title V of the National Security 
     Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
     intelligence activities of the United States.
       (2) Exception to comply with international obligations and 
     for law enforcement activities.--Sanctions under subsection 
     (b)(2) shall not apply with respect to an alien if admitting 
     or paroling the alien into the United States is necessary--
       (A) 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; or
       (B) to carry out or assist law enforcement activity in the 
     United States.
       (3) Exception relating to importation of goods.--
       (A) In general.--The authorities and requirements to impose 
     sanctions authorized under this section shall not include the 
     authority or a requirement to impose sanctions on the 
     importation of goods.
       (B) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment, and excluding technical data.
       (e) Definitions.--In this section:
       (1) Admission; admitted; alien.--The terms ``admission'', 
     ``admitted'', and ``alien'' have the meanings given those 
     terms in section 101 of the Immigration and Nationality Act 
     (8 U.S.C. 1101).
       (2) Foreign person.--The term ``foreign person'' means any 
     person that is not a United States person.
       (3) United states person.--The term ``United States 
     person'' means--
       (A) an individual who is a United States citizen or an 
     alien lawfully admitted for permanent residence to the United 
     States;
       (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; or
       (C) any person in the United States.
                                 ______
                                 
  SA 4368. Mr. RUBIO (for himself, Mrs. Feinstein, and Mr. Blunt) 
submitted an amendment intended to be proposed to amendment SA 3867 
submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. SANCTIONING AND STOPPING RANSOMWARE.

       (a) Cybersecurity Standards for Critical Infrastructure.--
       (1) In general.--Title XXII of the Homeland Security Act of 
     2002 (6 U.S.C. 651 et seq.) is amended by adding at the end 
     the following:

   ``Subtitle C--Cybersecurity Standards for Critical Infrastructure

     ``SEC. 2231. DEFINITION OF CRITICAL INFRASTRUCTURE ENTITY.

       ``In this subtitle, the term `critical infrastructure 
     entity' means an owner or operator of critical 
     infrastructure.

     ``SEC. 2232 CYBERSECURITY STANDARDS.

       ``(a) In General.--The Secretary, in consultation with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, shall develop and promulgate mandatory cybersecurity 
     standards for critical infrastructure entities.
       ``(b) Harmonization and Incorporation.--In developing the 
     cybersecurity standards required under subsection (a), the 
     Secretary shall--
       ``(1) to the greatest extent practicable, ensure the 
     cybersecurity standards are consistent with Federal 
     regulations existing as of the date on enactment of this 
     section; and
       ``(2) in coordination with the Director of the National 
     Institute of Standards and Technology, ensure that the 
     cybersecurity standards incorporate, to the greatest extent 
     practicable, the standards developed with facilitation and 
     support from the Director of the National Institute of 
     Standards and Technology under section 2(c)(15) of the 
     National Institute of Standards and Technology Act (15 U.S.C. 
     272(c)(15)).
       ``(c) Compliance Assessment.--Not less frequently than 
     annually, the Secretary, in coordination with the heads of 
     Sector Risk Management Agencies, shall assess the compliance 
     of each critical infrastructure entity with the cybersecurity 
     standards developed under subsection (a).''.
       (2) Technical and conforming amendment.--The table of 
     contents in section 1(b)

[[Page S7890]]

     of the Homeland Security Act of 2002 (Public Law 107-296; 116 
     Stat. 2135) is amended by adding at the end the following:

   ``Subtitle C--Cybersecurity Standards for Critical Infrastructure

``Sec. 2231. Definition of critical infrastructure entity.
``Sec. 2232. Cybersecurity standards.''.
       (b) Regulation of Cryptocurrency Exchanges.--
       (1) Secretary of the treasury.--Not later than 180 days 
     after the date of enactment of this Act, the Secretary of the 
     Treasury shall--
       (A) develop and institute regulatory requirements for 
     cryptocurrency exchanges operating within the United States 
     to reduce the anonymity of users and accounts suspected of 
     ransomware activity and make records available to the Federal 
     Government in connection with ransomware incidents; and
       (B) submit to Congress a report with any recommendations 
     that may be necessary regarding cryptocurrency exchanges used 
     in conjunction with ransomware.
       (2) Attorney general.--The Attorney General shall determine 
     what information should be preserved by cryptocurrency 
     exchanges to facilitate law enforcement investigations.
       (c) Designation of State Sponsors of Ransomware and 
     Reporting Requirements.--
       (1) Designation of state sponsors of ransomware.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of State, in consultation with the Director of 
     National Intelligence, shall--
       (i) designate as a state sponsor of ransomware any country 
     the government of which the Secretary has determined has 
     provided support for ransomware demand schemes (including by 
     providing safe haven for individuals engaged in such 
     schemes);
       (ii) submit to Congress a report listing the countries 
     designated under clause (i); and
       (iii) in making designations under clause (i), take into 
     consideration the report submitted to Congress under 
     subsection (d)(3)(A).
       (B) Sanctions and penalties.--The President shall impose 
     with respect to each state sponsor of ransomware designated 
     under subparagraph (A)(i) the sanctions and penalties imposed 
     with respect to a state sponsor of terrorism.
       (C) State sponsor of terrorism defined.--In this paragraph, 
     the term ``state sponsor of terrorism'' means a country the 
     government of which the Secretary of State has determined has 
     repeatedly provided support for acts of international 
     terrorism, for purposes of--
       (i) section 1754(c)(1)(A)(i) of the Export Control Reform 
     Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
       (ii) section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371);
       (iii) section 40(d) of the Arms Export Control Act (22 
     U.S.C. 2780(d)); or
       (iv) any other provision of law.
       (2) Reporting requirements.--
       (A) Sanctions relating to ransomware report.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Secretary of the Treasury shall submit a report to 
     Congress that describes, for each of the 5 fiscal years 
     immediately preceding the date of such report, the number and 
     geographic locations of individuals, groups, and entities 
     subject to sanctions imposed by the Office of Foreign Assets 
     Control who were subsequently determined to have been 
     involved in a ransomware demand scheme.
       (B) Country of origin report.--The Secretary of State, in 
     consultation with the Director of National Intelligence and 
     the Director of the Federal Bureau of Investigation, shall--
       (i) submit a report, with a classified annex, to the 
     Committee on Foreign Relations of the Senate, the Select 
     Committee on Intelligence of the Senate, the Committee on 
     Foreign Affairs of the House of Representatives, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives that identifies the country of origin of 
     foreign-based ransomware attacks; and
       (ii) make the report described in clause (i) (excluding the 
     classified annex) available to the public.
       (C) Investigative authorities report.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Comptroller General of the United States shall issue a report 
     that outlines the authorities available to the Federal Bureau 
     of Investigation, the United States Secret Service, the 
     Cybersecurity and Infrastructure Security Agency, the 
     Homeland Security Investigations, and the Office of Foreign 
     Assets Control to respond to foreign-based ransomware 
     attacks.
       (d) Deeming Ransomware Threats to Critical Infrastructure 
     as a National Intelligence Priority.--
       (1) Critical infrastructure defined.--In this subsection, 
     the term ``critical infrastructure'' has the meaning given 
     such term in subsection (e) of the Critical Infrastructures 
     Protection Act of 2001 (42 U.S.C. 5195c(e)).
       (2) Ransomware threats to critical infrastructure as 
     national intelligence priority.--The Director of National 
     Intelligence, pursuant to the provisions of the National 
     Security Act of 1947 (50 U.S.C. 3001 et seq.), the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458), section 1.3(b)(17) of Executive Order 
     12333 (50 U.S.C. 3001 note; relating to United States 
     intelligence activities), as in effect on the day before the 
     date of the enactment of this Act, and National Security 
     Presidential Directive-26 (February 24, 2003; relating to 
     intelligence priorities), as in effect on the day before the 
     date of the enactment of this Act, shall deem ransomware 
     threats to critical infrastructure a national intelligence 
     priority component to the National Intelligence Priorities 
     Framework.
       (3) Report.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall, in consultation with the Director of the 
     Federal Bureau of Investigation, submit to the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives a report on the implications of the 
     ransomware threat to United States national security.
       (B) Contents.--The report submitted under subparagraph (A) 
     shall address the following:
       (i) Identification of individuals, groups, and entities who 
     pose the most significant threat, including attribution to 
     individual ransomware attacks whenever possible.
       (ii) Locations from where individuals, groups, and entities 
     conduct ransomware attacks.
       (iii) The infrastructure, tactics, and techniques 
     ransomware actors commonly use.
       (iv) Any relationships between the individuals, groups, and 
     entities that conduct ransomware attacks and their 
     governments or countries of origin that could impede the 
     ability to counter ransomware threats.
       (v) Intelligence gaps that have, or currently are, impeding 
     the ability to counter ransomware threats.
       (C) Form.--The report submitted under subparagraph (A) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (e) Ransomware Operation Reporting Capabilities.--
       (1) In general.--Title XXII of the Homeland Security Act of 
     2002 (6 U.S.C. 651 et seq.), as amended by subsection (a)(1) 
     of this section, is amended by adding at the end the 
     following:

       ``Subtitle D--Ransomware Operation Reporting Capabilities

     ``SEC. 2241. DEFINITIONS.

       ``In this subtitle:
       ``(1) Definitions from section 2201.--The definitions in 
     section 2201 shall apply to this subtitle, except as 
     otherwise provided.
       ``(2) Agency.--The term `Agency' means the Cybersecurity 
     and Infrastructure Security Agency.
       ``(3) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(B) the Select Committee on Intelligence of the Senate;
       ``(C) the Committee on the Judiciary of the Senate;
       ``(D) the Committee on Homeland Security of the House of 
     Representatives;
       ``(E) the Permanent Select Committee on Intelligence of the 
     House of Representatives; and
       ``(F) the Committee on the Judiciary of the House of 
     Representatives.
       ``(4) Covered entity.--The term `covered entity' means--
       ``(A) a Federal contractor;
       ``(B) an owner or operator of critical infrastructure;
       ``(C) a non-government entity that provides cybersecurity 
     incident response services; and
       ``(D) any other entity determined appropriate by the 
     Secretary, in coordination with the head of any other 
     appropriate department or agency.
       ``(5) Critical function.--The term `critical function' 
     means any action or operation that is necessary to maintain 
     critical infrastructure.
       ``(6) Director.--The term `Director' means the Director of 
     the Cybersecurity and Infrastructure Security Agency.
       ``(7) Federal agency.--The term `Federal agency' has the 
     meaning given the term `agency' in section 3502 of title 44, 
     United States Code.
       ``(8) Federal contractor.--The term `Federal contractor'--
       ``(A) means a contractor or subcontractor (at any tier) of 
     the United States Government; and
       ``(B) does not include a contractor or subcontractor that 
     is a party only to--
       ``(i) a service contract to provide housekeeping or 
     custodial services; or
       ``(ii) a contract to provide products or services unrelated 
     to information technology that is below the micro-purchase 
     threshold (as defined in section 2.101 of title 48, Code of 
     Federal Regulations, or any successor thereto).
       ``(9) Information technology.--The term `information 
     technology' has the meaning given the term in section 11101 
     of title 40, United States Code.
       ``(10) Ransomware.--The term `ransomware' means any type of 
     malicious software that--
       ``(A) prevents the legitimate owner or operator of an 
     information system or network from accessing electronic data, 
     files, systems, or networks; and
       ``(B) demands the payment of a ransom for the return of 
     access to the electronic data,

[[Page S7891]]

     files, systems, or networks described in subparagraph (A).
       ``(11) Ransomware notification.--The term `ransomware 
     notification' means a notification of a ransomware operation.
       ``(12) Ransomware operation.--The term `ransomware 
     operation' means a specific instance in which ransomware 
     affects the information systems or networks owned or operated 
     by--
       ``(A) a covered entity; or
       ``(B) a Federal agency.
       ``(13) System.--The term `System' means the ransomware 
     operation reporting capabilities established under section 
     2242(b).

     ``SEC. 2242. ESTABLISHMENT OF RANSOMWARE OPERATION REPORTING 
                   SYSTEM.

       ``(a) Designation.--The Agency shall be the designated 
     agency within the Federal Government to receive ransomware 
     operation notifications from other Federal agencies and 
     covered entities in accordance with this subtitle.
       ``(b) Establishment.--Not later than 180 days after the 
     date of enactment of this subtitle, the Director shall 
     establish ransomware operation reporting capabilities to 
     facilitate the submission of timely, secure, and confidential 
     ransomware notifications by Federal agencies and covered 
     entities to the Agency.
       ``(c) Security Assessment.--The Director shall--
       ``(1) assess the security of the System not less frequently 
     than once every 2 years; and
       ``(2) as soon as is practicable after conducting an 
     assessment under paragraph (1), make any necessary corrective 
     measures to the System.
       ``(d) Requirements.--The System shall have the ability--
       ``(1) to accept classified submissions and notifications; 
     and
       ``(2) to accept a ransomware notification from any entity, 
     regardless of whether the entity is a covered entity.
       ``(e) Limitations on Use of Information.--Any ransomware 
     notification submitted to the System--
       ``(1) shall be exempt from disclosure under--
       ``(A) section 552 of title 5, United States Code (commonly 
     referred to as the ``Freedom of Information Act''), in 
     accordance with subsection (b)(3)(B) of such section 552; and
       ``(B) any State, Tribal, or local law requiring the 
     disclosure of information or records; and
       ``(2) may not be--
       ``(A) admitted as evidence in any civil or criminal action 
     brought against the victim of the ransomware operation; or
       ``(B) subject to a subpoena, unless the subpoena is issued 
     by Congress for congressional oversight purposes.
       ``(f) Privacy and Protection.--
       ``(1) In general.--Not later than the date on which the 
     Director establishes the System, Director shall adopt privacy 
     and protection procedures for any information submitted to 
     the System that, at the time of the submission, is known to 
     contain--
       ``(A) the personal information of a specific individual; or
       ``(B) information that identifies a specific individual 
     that is not directly related to a ransomware operation.
       ``(2) Model for protections.--The Director shall base the 
     privacy and protection procedures adopted under paragraph (1) 
     on the privacy and protection procedures developed for 
     information received and shared pursuant to the Cybersecurity 
     Information Sharing Act of 2015 (6 U.S.C. 1501 et seq.).
       ``(g) Annual Reports.--
       ``(1) Director reporting requirement.--Not later than 1 
     year after the date on which the System is established and 
     once each year thereafter, the Director shall submit to the 
     appropriate congressional committees a report on the System, 
     which shall include, with respect to the 1-year period 
     preceding the report--
       ``(A) the number of notifications received through the 
     System; and
       ``(B) the actions taken in connection with the 
     notifications described in subparagraph (A).
       ``(2) Secretary reporting requirement.--Not later than 1 
     year after the date on which the System is established, and 
     once each year thereafter, the Secretary shall submit to the 
     appropriate congressional committees a report on the types of 
     ransomware operation information and incidents in which 
     ransom is requested that are required to be submitted as a 
     ransomware notification, noting any changes from the previous 
     submission.
       ``(3) Form.--Any report required under this subsection may 
     be submitted in a classified form, if necessary.

     ``SEC. 2243. REQUIRED NOTIFICATIONS.

       ``(a) In General.--
       ``(1) Ransomware notification.--Not later than 24 hours 
     after the discovery of a ransomware operation that 
     compromises, is reasonably likely to compromise, or otherwise 
     materially affects the performance of a critical function by 
     a Federal agency or covered entity, the Federal agency or 
     covered entity that discovered the ransomware operation shall 
     submit a ransomware notification to the System.
       ``(2) Inclusion.--A Federal agency or covered entity shall 
     submit a ransomware notification under paragraph (1) of a 
     ransomware operation discovered by the Federal agency or 
     covered entity even if the ransomware operation does not 
     occur on a system of the Federal agency or covered entity.
       ``(b) Required Updates.--A Federal agency or covered entity 
     that submits a ransomware notification under subsection (a) 
     shall, upon discovery of new information and not less 
     frequently than once every 5 days until the date on which the 
     ransomware operation is mitigated and any follow-up 
     investigation is completed, submit updated ransomware threat 
     information to the System.
       ``(c) Payment Disclosure.--Not later than 24 hours after a 
     Federal agency or covered entity issues a ransom payment 
     relating to a ransomware operation, the Federal agency or 
     covered entity shall submit to the System details of the 
     ransom payment, including--
       ``(1) the method of payment;
       ``(2) the amount of the payment; and
       ``(3) the recipient of the payment.
       ``(d) Required Rulemaking.--Notwithstanding any provision 
     of this title that may limit or restrict the promulgation of 
     rules, not later than 180 days after the date of enactment of 
     this subtitle, the Secretary, acting through the Director, in 
     coordination with the Director of National Intelligence and 
     the Attorney General, without regard to the notice and 
     comment rule making requirements under section 553 of title 
     5, United States Code, and accepting comments after the 
     effective date, shall promulgate interim final rules that 
     define--
       ``(1) the conditions under which a ransomware notification 
     is required to be submitted under subsection (a)(1);
       ``(2) the ransomware operation information that shall be 
     included in a ransomware notification required under this 
     section; and
       ``(3) the information that shall be included in a ransom 
     payment disclosure required under subsection (c).
       ``(e) Required Coordination With Sector Risk Management 
     Agencies.--The Secretary, in coordination with the head of 
     each Sector Risk Management Agency, shall--
       ``(1) establish a set of reporting criteria for Sector Risk 
     Management Agencies to submit ransomware notifications to the 
     System; and
       ``(2) take steps to harmonize the criteria described in 
     paragraph (1) with the regulatory reporting requirements in 
     effect on the date of enactment of this subtitle.
       ``(f) Protection From Liability.--Section 106 of the 
     Cybersecurity Act of 2015 (6 U.S.C. 1505) shall apply to a 
     Federal agency or covered entity required to submit a 
     ransomware notification to the System.
       ``(g) Enforcement.--
       ``(1) Covered entities.--If a covered entity violates the 
     requirements of this subtitle, the covered entity shall be 
     subject to penalties determined by the Administrator of the 
     General Services Administration, which may include removal 
     from the Federal Contracting Schedules.
       ``(2) Federal agencies.--If a Federal agency violates the 
     requirements of this subtitle, the violation shall be 
     referred to the inspector general for the agency, and shall 
     be treated as a matter of urgent concern.''.
       (2) Table of contents.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135), as amended by subsection (a)(2) of this 
     section, is further amended by adding at the end the 
     following:

       ``Subtitle D--Ransomware Operation Reporting Capabilities

``Sec. 2241. Definitions.
``Sec. 2242. Establishment of ransomware operation reporting system.
``Sec. 2243. Required notifications.''.
       (3) Technical and conforming amendments.--Section 2202(c) 
     of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) is 
     amended--
       (A) by redesignating the second and third paragraphs (12) 
     as paragraphs (14) and (15), respectively; and
       (B) by inserting before paragraph (14), as so redesignated, 
     the following:
       ``(13) carry out the responsibilities described in subtitle 
     D relating to the ransomware operation reporting system;''.
       (f) Duties of the Cybersecurity and Infrastructure Security 
     Agency.--
       (1) In general.--Subtitle A of title XXII of the Homeland 
     Security Act of 2002 (6 U.S.C. 651 et seq.) is amended--
       (A) by redesignating section 2217 (6 U.S.C. 665f) as 
     section 2220;
       (B) by redesignating section 2216 (6 U.S.C. 665e) as 
     section 2219;
       (C) by redesignating the fourth section 2215 (relating to 
     Sector Risk Management Agencies) (6 U.S.C. 665d) as section 
     2218;
       (D) by redesignating the third section 2215 (relating to 
     the Cybersecurity State Coordinator) (6 U.S.C. 665c) as 
     section 2217;
       (E) by redesignating the second section 2215 (relating to 
     the Joint Cyber Planning Office) (6 U.S.C. 665b) as section 
     2216; and
       (F) by adding after section 2220, as so redesignated, the 
     following:

     ``SEC. 2220A. INFORMATION SYSTEM AND NETWORK SECURITY FUND.

       ``(a) Definitions.--In this section:
       ``(1) Covered entity.--The term `covered entity' has the 
     meaning given the term in section 2241.
       ``(2) Eligible entity.--The term `eligible entity'--
       ``(A) means a covered entity; and
       ``(B) does not include an owner or operator of critical 
     infrastructure that is not in compliance with the 
     cybersecurity standards developed under section 2232(a).
       ``(3) Fund.--The term `Fund' means the Information System 
     and Network Security Fund established under subsection 
     (b)(1).
       ``(b) Information System and Network Security Fund.--

[[Page S7892]]

       ``(1) Establishment.--There is established in the Treasury 
     of the United States a trust fund to be known as the 
     `Information System and Network Security Fund'.
       ``(2) Contents of fund.--
       ``(A) In general.--The Fund shall consist of such amounts 
     as may be appropriated for deposit in the Fund.
       ``(B) Availability.--
       ``(i) In general.--Amounts deposited in the Fund shall 
     remain available through the end of the tenth fiscal year 
     beginning after the date on which funds are first 
     appropriated to the Fund.
       ``(ii) Remainder to treasury.--Any unobligated balances in 
     the Fund after the date described in clause (i) are rescinded 
     and shall be transferred to the general fund of the Treasury.
       ``(3) Use of fund.--
       ``(A) In general.--Amounts deposited in the Fund shall be 
     available to the Director to distribute to eligible entities 
     pursuant to this subsection, in such amounts as the Director 
     determines appropriate, subject to subparagraph (B).
       ``(B) Distribution.--The amounts distributed to eligible 
     entities under this paragraph shall be made for a specific 
     network security purpose, including to enable network 
     recovery from an event affecting the network cybersecurity of 
     the eligible entity.
       ``(4) Administration of fund.--The Director, in 
     consultation with the Secretary and in coordination with the 
     head of each Sector Risk Management Agency, shall--
       ``(A) establish criteria for distribution of amounts under 
     paragraph (3); and
       ``(B) administer the Fund to support network security for 
     eligible entities.
       ``(5) Report required.--For each fiscal year for which 
     amounts in the Fund are available under this subsection, the 
     Director shall submit to Congress a report that--
       ``(A) describes how, and to which eligible entities, 
     amounts from the Fund have been distributed;
       ``(B) details the criteria established under paragraph 
     (4)(A); and
       ``(C) includes any additional information that the Director 
     determines appropriate, including projected requested 
     appropriations for the next fiscal year.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated for deposit in the Fund 
     $1,500,000,000, which shall remain available until the last 
     day of the tenth fiscal year beginning after the fiscal year 
     during which funds are first appropriated for deposit in the 
     Fund.

     ``SEC. 2220B. PUBLIC AWARENESS OF CYBERSECURITY OFFERINGS.

       ``(a) In General.--Not later than 180 days after the date 
     of enactment of this section, the Director shall establish a 
     public awareness campaign relating to the cybersecurity 
     services of the Federal Government.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Director $10,000,000 for 
     each of fiscal years 2022 through 2031 to carry out 
     subsection (a).

     ``SEC. 2220C. DARK WEB ANALYSIS.

       ``(a) Definition of Dark Web.--In this section, the term 
     `dark web' means a part of the internet that--
       ``(1) cannot be accessed through standard web browsers; and
       ``(2) requires specific software, configurations, or 
     authorizations for access.
       ``(b) Authority to Analyze.--The Director may monitor the 
     internet, including the dark web, for evidence of a 
     compromise to critical infrastructure.
       ``(c) Monitoring Capabilities.--The Director shall develop, 
     institute, and oversee capabilities to carry out the 
     authority of the Director under subsection (b).
       ``(d) Notification.--If the Director finds credible 
     evidence of a compromise to critical infrastructure under 
     subsection (c), as soon as is practicable after the finding, 
     the Director shall notify the owner or operator of the 
     compromised critical infrastructure in a manner that protects 
     the sources and methods that led to the finding of the 
     compromise.''.
       (2) Technical and conforming amendments.--Section 2202(c) 
     of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) is 
     amended--
       (A) in the first paragraph (12), by striking ``section 
     2215'' and inserting ``section 2217''; and
       (B) by redesignating the second and third paragraphs (12) 
     as paragraphs (13) and (14), respectively.
       (3) Table of contents.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by striking the item relating 
     to section 2214 and all that follows through the item 
     relating to section 2217 and inserting the following:
``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint Cyber Planning Office.
``Sec. 2217. Cybersecurity State Coordinator.
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity education and training programs.
``Sec. 2220A. Information System and Network Security Fund.
``Sec. 2220B. Public awareness of cybersecurity offerings.
``Sec. 2220C. Dark web analysis.''.
       (4) Additional technical amendment.--
       (A) Amendment.--Section 904(b)(1) of the DOTGOV Act of 2020 
     (title IX of division U of Public Law 116-260) is amended, in 
     the matter preceding subparagraph (A), by striking ``Homeland 
     Security Act'' and inserting ``Homeland Security Act of 
     2002''.
       (B) Effective date.--The amendment made by subparagraph (A) 
     shall take effect as if enacted as part of the DOTGOV Act of 
     2020 (title IX of division U of Public Law 116-260).
                                 ______
                                 
  SA 4369. Mr. PORTMAN (for himself, Mr. Peters, Ms. Sinema, and Mr. 
King) submitted an amendment intended to be proposed to amendment SA 
3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:
        At the appropriate place in title XVI, insert the 
     following:

     SEC. 16__. AUTHORITY FOR NATIONAL CYBER DIRECTOR TO ACCEPT 
                   DETAILS ON NONREMIBURSABLE BASIS.

       Section 1752(e) of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283) is amended--
       (1) by redesignating paragraphs (1) through (8) as 
     subparagraphs (A) through (H), respectively, and indenting 
     such subparagraphs two ems to the right;
       (2) in the matter before subparagraph (A), as redesignated 
     by paragraph (1), by striking ``The Director may'' and 
     inserting the following:
       ``(1) In general.--The Director may'';
       (3) in paragraph (1)--
       (A) as redesignated by paragraph (2), by redesignating 
     subparagraphs (C) through (H) as subparagraphs (D) through 
     (I), respectively; and
       (B) by inserting after subparagraph (B) the following new 
     subparagraph (C):
       ``(C) accept officers or employees of the United States or 
     member of the Armed Forces on a detail from an element of the 
     intelligence community (as defined in section 3 of the 
     National Security Act of 1947 (50 U.S.C. 3003)) or from 
     another element of the Federal Government on a 
     nonreimbursable basis, as jointly agreed to by the heads of 
     the receiving and detailing elements, for a period not to 
     exceed three years;''; and
       (4) by adding at the end the following new paragraph:
       ``(2) Rules of construction regarding details.--Paragraph 
     (1)(C) shall not be construed to impose any limitation on any 
     other authority for reimbursable or nonreimbursable details. 
     A nonreimbursable detail made under such paragraph shall not 
     be considered an augmentation of the appropriations of the 
     receiving element of the Office of the National Cyber 
     Director.''.
                                 ______
                                 
  SA 4370. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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. ____. MODERNIZATION OF NATIONAL SECURITY CRIMES.

       (a) Penalty for Extraterritorial Killing of a United States 
     National for Terrorist Purposes.--Section 2332(a) of title 
     18, United States Code, is amended--
       (1) in paragraph (1), by inserting ``in the first degree'' 
     after ``murder'';
       (2) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (3) by inserting after paragraph (1) the following:
       ``(2) if the killing is murder in the second degree (as 
     defined in section 1111(a)), be fined under this title, 
     punished by imprisonment for any term of years or for life, 
     or both;'';
       (4) in paragraph (3), as so redesignated, by striking ``ten 
     years'' and inserting ``15 years''; and
       (5) in paragraph (4), as so redesignated, by striking 
     ``three years'' and inserting ``8 years''.
       (b) Clarifying United States Jurisdiction in Conspiracy 
     Cases.--Section 956 of title 18, United States Code, is 
     amended--
       (1) in subsection (a)(1), by striking ``, within the 
     jurisdiction of the United States,''; and
       (2) in subsection (b), by striking ``, within the 
     jurisdiction of the United States,''.
       (c) Expanding Offense of Hostage Taking Against United 
     States Nationals Abroad.--Section 1203 of title 18, United 
     States Code, is amended--
       (1) in subsection (a), by inserting after ``release of the 
     person detained,'' the following: ``or in order to coerce, 
     intimidate, or retaliate against a governmental organization 
     or a civilian population,''; and
       (2) in subsection (b)--

[[Page S7893]]

       (A) in paragraph (1)(C), by inserting after ``compelled'' 
     the following: ``, coerced, intimidated, or retaliated 
     against''; and
       (B) in paragraph (2), by inserting after ``compelled'' the 
     following: ``, coerced, intimidated, or retaliated against''.
       (d) Expanding Availability of Supervised Release in 
     Terrorism-related Juvenile Proceedings.--Section 5037(d) of 
     title 18, United States Code, is amended--
       (1) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``may not extend'';
       (B) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and adjusting the margins 
     accordingly;
       (C) by inserting before clause (i), as so redesignated, the 
     following:
       ``(A) except as provided in subparagraph (B), may not 
     extend--'';
       (D) in subparagraph (A), as so designated--
       (i) in clause (i), as so redesignated, by striking ``a term 
     that extends''; and
       (ii) in clause (ii), as so redesignated--

       (I) by striking ``a term that extends''; and
       (II) by striking the period at the end and inserting ``; 
     or''; and

       (E) by adding at the end the following:
       ``(B) may not extend beyond the date that is 10 years after 
     the date when the juvenile becomes 21 years old if the 
     juvenile--
       ``(i) is charged with an offense listed in section 
     2332b(g)(5)(B); and
       ``(ii) is eligible under section 5032 for a motion to 
     transfer to adult status, but is not transferred to adult 
     status.'';
       (2) in paragraph (5), in the fifth sentence, by inserting 
     after ``26th birthday,'' the following: ``in the case of a 
     juvenile described in paragraph (2)(B), no term of official 
     detention may continue beyond the juvenile's 31st 
     birthday,''; and
       (3) in paragraph (6), in the second sentence, by inserting 
     after ``26th birthday,'' the following: ``in the case of a 
     juvenile described in paragraph (2)(B), no term of juvenile 
     delinquent supervision may continue beyond the juvenile's 
     31st birthday,''.
       (e) Expanding Use of Supervised Release for Convicted 
     Terrorists.--Section 3583(j) of title 18, United States Code, 
     is amended--
       (1) by striking ``for any offense'' and inserting the 
     following: ``for--
       ``(1) any offense'';
       (2) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following:
       ``(2) an offense under section 371 (relating to conspiracy 
     to commit offense against or defraud the United States), when 
     the charge includes an offense listed in section 2332b(5)(B) 
     as the predicate for the conspiracy, is not more than 10 
     years.''.
       (f) Clarifying Process for Protecting Classified 
     Information Under the Classified Information Procedures 
     Act.--Section 4 of the Classified Information Procedures Act 
     (18 U.S.C. App.) is amended--
       (1) by striking ``The court, upon'' and inserting the 
     following:
       ``(a) In General.--The court, upon''; and
       (2) by adding at the end the following:
       ``(b) Procedure.--If the United States seeks to delete, 
     withhold, or otherwise obtain other relief under subsection 
     (a) with respect to the discovery of any classified 
     information, the United States may object to the disclosure 
     of such classified information, supported by an ex parte 
     declaration signed by any knowledgeable official of the 
     United States possessing authority to classify such 
     information that sets forth the identifiable damage to the 
     national security that the disclosure of such information 
     reasonably could be expected to cause.''.
       (g) Clarifying Application of Classified Information 
     Procedures Act in Juvenile Proceedings.--Section 1 of the 
     Classified Information Procedures Act (18 U.S.C. App.) is 
     amended by adding at the end the following:
       ``(c) In this Act, the terms `criminal prosecution', 
     `criminal case', and `criminal proceeding', and any related 
     terms, include proceedings under chapter 403 of title 18, 
     United States Code.''.
       (h) Clarifying That Terrorists May Qualify for Transfer to 
     Adult Status Under Juvenile Transfer Provision.--
       (1) Delinquency proceedings in district courts; transfer 
     for criminal prosecution.--Section 5032 of title 18, United 
     States Code, is amended--
       (A) in the first undesignated paragraph--
       (i) by striking ``or section 1002(a),'' and inserting 
     ``section 1002(a),''; and
       (ii) by striking ``section 922(x) or section 924(b), (g), 
     or (h)'' and inserting ``or section 922(x), 924(b), (g), or 
     (h), or 2332b(g)(5)(B)''; and
       (B) in the fourth undesignated paragraph--
       (i) in the first sentence--

       (I) by striking ``or section 1002(a),'' and inserting 
     ``section 1002(a),''; and
       (II) by striking ``or section 922(x) of this title, or in 
     section 924(b), (g), or (h)'' and inserting ``or section 
     922(x), 924(b), (g), or (h), or 2332b(g)(5)(B)'';

       (ii) in the second sentence--

       (I) by striking ``crime of violence is an offense under'' 
     and inserting ``crime is an offense described in''; and
       (II) by inserting ``or 2332b(g)(5)(B),'' after ``1113,''; 
     and

       (iii) in the fourth sentence, by striking ``(i) or 2275'' 
     and inserting ``or (i), 2275, or 2332b(g)(5)(B)''.
       (2) Use of juvenile records.--Section 5038 of title 18, 
     United States Code, is amended--
       (A) in subsection (d), in the first sentence--
       (i) by striking ``or section 1001(a),'' and inserting ``, 
     section 1001(a),''; and
       (ii) by inserting ``or section 2332b(g)(5)(B) of this 
     title,'' after ``Controlled Substances Import and Export 
     Act,''; and
       (B) in subsection (f)--
       (i) by striking ``or section 1001(a),'' and inserting ``, 
     section 1001(a),''; and
       (ii) by inserting ``or section 2332b(g)(5)(B) of this 
     title,'' after ``Controlled Substances Import and Export 
     Act,''.
                                 ______
                                 
  SA 4371. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. NATIONAL DEEPFAKE AND DIGITAL PROVENANCE TASK 
                   FORCE.

       (a) Definitions.--In this section:
       (1) Digital content forgery.--The term ``digital content 
     forgery'' means the use of emerging technologies, including 
     artificial intelligence and machine learning techniques, to 
     fabricate or manipulate audio, visual, or text content with 
     the intent to mislead.
       (2) Digital content provenance.--The term ``digital content 
     provenance'' means the verifiable chronology of the origin 
     and history of a piece of digital content, such as an image, 
     video, audio recording, or electronic document.
       (3) Eligible entity.--The term ``eligible entity'' means--
       (A) a private sector or nonprofit organization; or
       (B) an institution of higher education.
       (4) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       (5) Relevant congressional committees.--The term ``relevant 
     congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Homeland Security and the Committee on 
     Oversight and Reform of the House of Representatives.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (7) Task force.--The term ``Task Force'' means the National 
     Deepfake and Provenance Task Force established under 
     subsection (b)(1).
       (b) Establishment of Task Force.--
       (1) Establishment.--The Secretary, in coordination with the 
     Director of the Office of Science and Technology Policy, 
     shall establish a task force, to be known as ``the National 
     Deepfake Provenance Task Force'', to--
       (A) investigate the feasibility of, and obstacles to, 
     developing and deploying standards and technologies for 
     determining digital content provenance;
       (B) propose policy changes to reduce the proliferation and 
     impact of digital content forgeries, such as the adoption of 
     digital content provenance and technology standards; and
       (C) serve as a formal mechanism for public and private 
     sector coordination and information sharing to facilitate the 
     creation and implementation of a coordinated plan to address 
     the growing threats posed by digital content forgeries.
       (2) Membership.--
       (A) Co-chairpersons.--The following shall serve as co-
     chairpersons of the Task Force:
       (i) The Secretary or a designee of the Secretary.
       (ii) The Director of the Office of Science and Technology 
     Policy or a designee of the Director.
       (B) Composition.--The Task Force shall be composed of 12 
     members, of whom--
       (i) 4 shall be representatives from the Federal Government, 
     including the co-chairpersons of the Task Force;
       (ii) 4 shall be representatives from institutions of higher 
     education; and
       (iii) 4 shall be representatives from private or nonprofit 
     organizations.
       (C) Appointment.--Not later than 120 days after the date of 
     enactment of this Act, the co-chairpersons of the Task Force 
     shall appoint members to the Task Force in accordance with 
     subparagraph (A) from among technical and legal experts in--
       (i) artificial intelligence;
       (ii) media manipulation;
       (iii) digital forensics;
       (iv) secure digital content and delivery;
       (v) cryptography;
       (vi) privacy;
       (vii) civil rights; or
       (viii) related subjects.
       (D) Term of appointment.--The term of a member of the Task 
     Force shall end on the date described in subsection (g)(1).
       (E) Vacancy.--Any vacancy occurring in the membership of 
     the Task Force shall be filled in the same manner in which 
     the original appointment was made.
       (F) Expenses for non-federal members.--Members of the Task 
     Force described in clauses (ii) and (iii) of subparagraph (B) 
     shall be allowed travel expenses, including per diem in lieu 
     of subsistence, at rates authorized for employees under 
     subchapter I of

[[Page S7894]]

     chapter 57 of title 5, United States Code, while away from 
     their homes or regular places of business in the performance 
     of services for the Task Force.
       (c) Coordinated Plan.--
       (1) In general.--The Task Force shall develop a coordinated 
     plan to--
       (A) reduce the proliferation and impact of digital content 
     forgeries, including by exploring how the adoption of a 
     digital content provenance standard could assist with 
     reducing the proliferation of digital content forgeries;
       (B) develop mechanisms for content creators to--
       (i) cryptographically certify the authenticity of original 
     media and non-deceptive manipulations; and
       (ii) enable the public to validate the authenticity of 
     original media and non-deceptive manipulations to establish 
     digital content provenance; and
       (C) increase the ability of internet companies, 
     journalists, watchdog organizations, other relevant entities, 
     and members of the public to--
       (i) meaningfully scrutinize and identify potential digital 
     content forgeries; and
       (ii) relay trust and information about digital content 
     provenance to content consumers.
       (2) Contents.--The plan required under paragraph (1) shall 
     include the following:
       (A) A Government-wide research and development agenda to--
       (i) improve technologies and systems to detect digital 
     content forgeries; and
       (ii) relay information about digital content provenance to 
     content consumers.
       (B) An assessment of the feasibility of, and obstacles to, 
     the deployment of technologies and systems to capture, 
     preserve, and display digital content provenance.
       (C) An assessment of the feasibility of, and challenges in, 
     distinguishing between--
       (i) benign or helpful alterations to digital content; and
       (ii) intentionally deceptive or obfuscating alterations to 
     digital content.
       (D) A discussion of best practices, including any necessary 
     standards, for the adoption and effective use of technologies 
     and systems to determine digital content provenance and 
     detect digital content forgeries.
       (E) Conceptual proposals for necessary research projects 
     and experiments to further develop successful technology to 
     ascertain digital content provenance.
       (F) Proposed policy changes, including changes in law, to--
       (i) incentivize the adoption of technologies, systems, open 
     standards, or other means to detect digital content forgeries 
     and determine digital content provenance; and
       (ii) reduce the incidence, proliferation, and impact of 
     digital content forgeries.
       (G) Recommendations for models for public-private 
     partnerships to fight disinformation and reduce digital 
     content forgeries, including partnerships that support and 
     collaborate on--
       (i) industry practices and standards for determining 
     digital content provenance;
       (ii) digital literacy education campaigns and user-friendly 
     detection tools for the public to reduce the proliferation 
     and impact of disinformation and digital content forgeries;
       (iii) industry practices and standards for documenting 
     relevant research and progress in machine learning and 
     related areas; and
       (iv) the means and methods for identifying and addressing 
     the technical and financial infrastructure that supports the 
     proliferation of digital content forgeries, such as 
     inauthentic social media accounts and bank accounts.
       (H) An assessment of privacy and civil liberties 
     requirements associated with efforts to deploy technologies 
     and systems to determine digital content provenance or reduce 
     the proliferation of digital content forgeries, including 
     statutory or other proposed policy changes.
       (I) A determination of metrics to define the success of--
       (i) technologies or systems to detect digital content 
     forgeries;
       (ii) technologies or systems to determine digital content 
     provenance; and
       (iii) other efforts to reduce the incidence, proliferation, 
     and impact of digital content forgeries.
       (d) Consultations.--In carrying out subsection (c), the 
     Task Force shall consult with the following:
       (1) The Director of the National Science Foundation.
       (2) The National Academies of Sciences, Engineering, and 
     Medicine.
       (3) The Director of the National Institute of Standards and 
     Technology.
       (4) The Director of the Defense Advanced Research Projects 
     Agency.
       (5) The Director of the Intelligence Advanced Research 
     Projects Activity of the Office of the Director of National 
     Intelligence.
       (6) The Secretary of Energy.
       (7) The Secretary of Defense.
       (8) The Attorney General.
       (9) The Secretary of State.
       (10) The Federal Trade Commission.
       (11) The United States Trade Representative.
       (12) Representatives from private industry and nonprofit 
     organizations.
       (13) Representatives from institutions of higher education.
       (14) Such other individuals as the Task Force considers 
     appropriate.
       (e) Staff.--
       (1) In general.--Staff of the Task Force shall be comprised 
     of detailees with expertise in artificial intelligence or 
     related fields from--
       (A) the Department of Homeland Security;
       (B) the National Institute of Standards and Technology; or
       (C) any other Federal agency the co-chairpersons of the 
     Task Force consider appropriate with the consent of the head 
     of the Federal agency.
       (2) Other assistance.--
       (A) In general.--The co-chairpersons of the Task Force may 
     enter into an agreement with an eligible entity for the 
     temporary assignment of employees of the eligible entity to 
     the Task Force in accordance with this paragraph.
       (B) Application of ethics rules.--An employee of an 
     eligible entity assigned to the Task Force under subparagraph 
     (A)--
       (i) shall be considered a special Government employee for 
     the purpose of Federal law, including--

       (I) chapter 11 of title 18, United States Code; and
       (II) the Ethics in Government Act of 1978 (5 U.S.C. App.); 
     and

       (ii) notwithstanding section 202(a) of title 18, United 
     States Code, may be assigned to the Task Force for a period 
     of not more than 2 years.
       (C) Financial liability.--An agreement entered into with an 
     eligible entity under subparagraph (A) shall require the 
     eligible entity to be responsible for any costs associated 
     with the assignment of an employee to the Task Force.
       (D) Termination.--The co-chairpersons of the Task Force may 
     terminate the assignment of an employee to the Task Force 
     under subparagraph (A) at any time and for any reason.
       (f) Task Force Reports.--
       (1) Interim report.--
       (A) In general.--Not later than 1 year after the date on 
     which all of the appointments have been made under subsection 
     (b)(2)(C), the Task Force shall submit to the President and 
     the relevant congressional committees the coordinated plan 
     developed under subsection (c)(1) in the form of an interim 
     report containing the findings, conclusions, and 
     recommendations of the Task Force.
       (B) Contents.--The report required under subparagraph (A) 
     shall include specific recommendations for ways to reduce the 
     proliferation and impact of digital content forgeries, 
     including the deployment of technologies and systems to 
     determine digital content provenance.
       (2) Final report.--Not later than 180 days after the date 
     of the submission of the interim report under paragraph 
     (1)(A), the Task Force shall submit to the President and the 
     relevant congressional committees the coordinated plan 
     developed under subsection (c)(1) in the form of a final 
     report containing the findings, conclusions, and 
     recommendations of the Task Force.
       (3) Requirements.--With respect to each report submitted 
     under this subsection--
       (A) the Task Force shall make the report publicly 
     available; and
       (B) the report--
       (i) shall be produced in an unclassified form; and
       (ii) may include a classified annex.
       (g) Termination.--
       (1) In general.--The Task Force shall terminate on the date 
     that is 90 days after the date on which the Task Force 
     submits the final report under subsection (f)(2).
       (2) Records.--Upon the termination of the Task Force under 
     paragraph (1), each record of the Task Force shall become a 
     record of the National Archives and Records Administration.
                                 ______
                                 
  SA 4372. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. CRITICAL DOMAIN RESEARCH AND DEVELOPMENT.

       (a) In General.--Subtitle H of title VIII of the Homeland 
     Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by 
     adding at the end the following new section:

     ``SEC. 890B. HOMELAND SECURITY CRITICAL DOMAIN RESEARCH AND 
                   DEVELOPMENT.

       ``(a) In General.--
       ``(1) Research and development.--The Secretary is 
     authorized to conduct research and development to--
       ``(A) identify United States critical domains for economic 
     security and homeland security; and
       ``(B) evaluate the extent to which disruption, corruption, 
     exploitation, or dysfunction of any of such domain poses a 
     substantial threat to homeland security.
       ``(2) Requirements.--
       ``(A) Risk analysis of critical domains.--The research 
     under paragraph (1) shall include a risk analysis of each 
     identified United States critical domain for economic 
     security to determine the degree to which

[[Page S7895]]

     there exists a present or future threat to homeland security 
     in the event of disruption, corruption, exploitation, or 
     dysfunction to such domain. Such research shall consider, to 
     the extent possible, the following:
       ``(i) The vulnerability and resilience of relevant supply 
     chains.
       ``(ii) Foreign production, processing, and manufacturing 
     methods.
       ``(iii) Influence of malign economic actors.
       ``(iv) Asset ownership.
       ``(v) Relationships within the supply chains of such 
     domains.
       ``(vi) The degree to which the conditions referred to in 
     clauses (i) through (v) would place such a domain at risk of 
     disruption, corruption, exploitation, or dysfunction.
       ``(B) Additional research into high-risk critical 
     domains.--Based on the identification and risk analysis of 
     United States critical domains for economic security pursuant 
     to paragraph (1) and subparagraph (A) of this paragraph, 
     respectively, the Secretary may conduct additional research 
     into those critical domains, or specific elements thereof, 
     with respect to which there exists the highest degree of a 
     present or future threat to homeland security in the event of 
     disruption, corruption, exploitation, or dysfunction to such 
     a domain. For each such high-risk domain, or element thereof, 
     such research shall--
       ``(i) describe the underlying infrastructure and processes;
       ``(ii) analyze present and projected performance of 
     industries that comprise or support such domain;
       ``(iii) examine the extent to which the supply chain of a 
     product or service necessary to such domain is concentrated, 
     either through a small number of sources, or if multiple 
     sources are concentrated in one geographic area;
       ``(iv) examine the extent to which the demand for supplies 
     of goods and services of such industries can be fulfilled by 
     present and projected performance of other industries, 
     identify strategies, plans, and potential barriers to expand 
     the supplier industrial base, and identify the barriers to 
     the participation of such other industries;
       ``(v) consider each such domain's performance capacities in 
     stable economic environments, adversarial supply conditions, 
     and under crisis economic constraints;
       ``(vi) identify and define needs and requirements to 
     establish supply resiliency within each such domain; and
       ``(vii) consider the effects of sector consolidation, 
     including foreign consolidation, either through mergers or 
     acquisitions, or due to recent geographic realignment, on 
     such industries' performances.
       ``(3) Consultation.--In conducting the research under 
     paragraphs (1) and (2)(B), the Secretary shall consult with 
     appropriate Federal agencies, including the Bureau of 
     Industry and Security at the Department of Commerce, State 
     agencies, and private sector stakeholders.
       ``(4) Publication.--Beginning 1 year after the date of the 
     enactment of this section, the Secretary shall publish a 
     report containing information relating to the research under 
     paragraphs (1) and (2)(B), including findings, evidence, 
     analysis, and recommendations. Such report shall be updated 
     annually through 2026.
       ``(b) Submission to Congress.--Not later than 90 days after 
     the publication of each report required under subsection 
     (a)(4), the Secretary shall transmit to the Committee on 
     Homeland Security of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate each such report, together with a description of 
     actions the Secretary, in consultation with appropriate 
     Federal agencies, will undertake or has undertaken in 
     response to each such report.
       ``(c) Definitions.--In this section:
       ``(1) Economic security.--The term `economic security' 
     means the condition of having secure and resilient domestic 
     production capacity, combined with reliable access to the 
     global resources necessary to maintain an acceptable standard 
     of living and to protect core national values.
       ``(2) United states critical domains for economic 
     security.--The term `United States critical domains for 
     economic security' means the critical infrastructure and 
     other associated industries, technologies, and intellectual 
     property, or any combination thereof, that are essential to 
     the economic security of the United States.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated $1,000,000 for each of fiscal years 2022 
     through 2026 to carry out this section.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by inserting after the item 
     relating to section 890A the following new item:
       

``Sec. 890B. Homeland security critical domain research and 
              development.''.
SA 4373. Mr. REED (for himself and Mr. Whitehouse) submitted an 
    amendment intended to be proposed to amendment SA 3867 submitted by 
    Mr. Reed and intended to be proposed to the bill H.R. 4350, to 
    authorize appropriations for fiscal year 2022 for military 
    activities of the Department of Defense, for military construction, 
    and for defense activities of the Department of Energy, to 
    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. __. ADDITION OF RHODE ISLAND TO THE MID-ATLANTIC FISHERY 
                   MANAGEMENT COUNCIL.

       Section 302(a)(1)(B) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1852(a)(1)(B)) is 
     amended--
       (1) by inserting ``Rhode Island,'' after ``States of'';
       (2) by inserting ``Rhode Island,'' after ``except North 
     Carolina,'';
       (3) by striking ``21'' and inserting ``23''; and
       (4) by striking ``13'' and inserting ``14''.
                                 ______
                                 
  SA 4374. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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 PERIOD FOR ADJUSTMENT OF STATUS FOR 
                   CERTAIN LIBERIAN NATIONALS.

       Section 7611(b)(1)(A) of the National Defense Authorization 
     Act for Fiscal Year 2020 (8 U.S.C. 1255 note) is amended by 
     striking ``2 years'' and inserting ``3 years''.
                                 ______
                                 
  SA 4375. 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 XII, add the following:

     SEC. 1253. REPEAL OF SUNSET ON PROHIBITION ON COMMERCIAL 
                   EXPORT OF CERTAIN COVERED MUNITIONS ITEMS TO 
                   HONG KONG POLICE FORCE.

       The Act entitled ``An Act to prohibit the commercial export 
     of covered munitions and crime control items to the Hong Kong 
     Police Force'', approved November 27, 2019 (Public Law 116-
     77; 133 Stat. 1173), as amended by section 1252 of the 
     William M. (Mac) Thornberry National Defense Authorization 
     Act for Fiscal Year 2021 (Public Law 116-283), is further 
     amended by striking section 3.
                                 ______
                                 
  SA 4376. Mr. MERKLEY (for himself and Mr. Rubio) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to 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. CHINA CENSORSHIP MONITOR AND ACTION GROUP.

       (a) Definitions.--In this section:
       (1) Qualified research entity.--The term ``qualified 
     research entity'' means an entity that--
       (A) is a nonpartisan research organization or a federally 
     funded research and development center;
       (B) has appropriate expertise and analytical capability to 
     write the report required under subsection (c); and
       (C) is free from any financial, commercial, or other 
     entanglements, which could undermine the independence of such 
     report or create a conflict of interest or the appearance of 
     a conflict of interest, with--
       (i) the Government of the People's Republic of China;
       (ii) the Chinese Communist Party;
       (iii) any company incorporated in the People's Republic of 
     China or a subsidiary of any such company; or
       (iv) any company or entity incorporated outside of the 
     People's Republic of China that is believed to have a 
     substantial financial or commercial interest in the People's 
     Republic of China.
       (2) 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.
       (b) China Censorship Monitor and Action Group.--

[[Page S7896]]

       (1) In general.--The President shall establish an 
     interagency task force, which shall be known as the ``China 
     Censorship Monitor and Action Group'' (referred to in this 
     subsection as the ``Task Force'').
       (2) Membership.--The President shall--
       (A) appoint the chair of the Task Force from among the 
     staff of the National Security Council;
       (B) appoint the vice chair of the Task Force from among the 
     staff of the National Economic Council; and
       (C) direct the head of each of the following executive 
     branch agencies to appoint personnel to participate in the 
     Task Force:
       (i) The Department of State.
       (ii) The Department of Commerce.
       (iii) The Department of the Treasury.
       (iv) The Department of Justice.
       (v) The Office of the United States Trade Representative.
       (vi) The Office of the Director of National Intelligence, 
     and other appropriate elements of the intelligence community 
     (as defined in section 3 of the National Security Act of 1947 
     (50 U.S.C. 3003).
       (vii) The Federal Communications Commission.
       (viii) The United States Agency for Global Media.
       (ix) Other agencies designated by the President.
       (3) Responsibilities.--The Task Force shall--
       (A) oversee the development and execution of an integrated 
     Federal Government strategy to monitor and address the 
     impacts of efforts directed, or directly supported, by the 
     Government of the People's Republic of China to censor or 
     intimidate, in the United States or in any of its possessions 
     or territories, any United States person, including United 
     States companies that conduct business in the People's 
     Republic of China, which are exercising their right to 
     freedom of speech; and
       (B) submit the strategy developed pursuant to subparagraph 
     (A) to the appropriate congressional committees not later 
     than 120 days after the date of the enactment of this Act.
       (4) Meetings.--The Task Force shall meet not less 
     frequently than twice per year.
       (5) Consultations.--The Task Force should regularly 
     consult, to the extent necessary and appropriate, with--
       (A) Federal agencies that are not represented on the Task 
     Force;
       (B) independent agencies of the United States Government 
     that are not represented on the Task Force;
       (C) relevant stakeholders in the private sector and the 
     media; and
       (D) relevant stakeholders among United States allies and 
     partners facing similar challenges related to censorship or 
     intimidation by the Government of the People's Republic of 
     China.
       (6) Reporting requirements.--
       (A) Annual report.--The Task Force shall submit an annual 
     report to the appropriate congressional committees that 
     describes, with respect to the reporting period--
       (i) the strategic objectives and policies pursued by the 
     Task Force to address the challenges of censorship and 
     intimidation of United States persons while in the United 
     States or any of its possessions or territories, which is 
     directed or directly supported by the Government of the 
     People's Republic of China;
       (ii) the activities conducted by the Task Force in support 
     of the strategic objectives and policies referred to in 
     clause (i); and
       (iii) the results of the activities referred to in clause 
     (ii) and the impact of such activities on the national 
     interests of the United States.
       (B) Form of report.--Each report submitted pursuant to 
     subparagraph (A) shall be unclassified, but may include a 
     classified annex.
       (C) Congressional briefings.--Not later than 90 days after 
     the date of the enactment of this Act, and annually 
     thereafter, the Task Force shall provide briefings to the 
     appropriate congressional committees regarding the activities 
     of the Task Force to execute the strategy developed pursuant 
     to paragraph (3)(A).
       (c) Report on Censorship and Intimidation of United States 
     Persons by the Government of the People's Republic of 
     China.--
       (1) Report.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     select and seek to enter into an agreement with a qualified 
     research entity that is independent of the Department of 
     State to write a report on censorship and intimidation in the 
     United States and its possessions and territories of United 
     States persons, including United States companies that 
     conduct business in the People's Republic of China, which is 
     directed or directly supported by the Government of the 
     People's Republic of China.
       (B) Matters to be included.--The report required under 
     subparagraph (A) shall--
       (i) assess major trends, patterns, and methods of the 
     Government of the People's Republic of China's efforts to 
     direct or directly support censorship and intimidation of 
     United States persons, including United States companies that 
     conduct business in the People's Republic of China, which are 
     exercising their right to freedom of speech;
       (ii) assess, including through the use of illustrative 
     examples, as appropriate, the impact on and consequences for 
     United States persons, including United States companies that 
     conduct business in the People's Republic of China, that 
     criticize--

       (I) the Chinese Communist Party;
       (II) the Government of the People's Republic of China;
       (III) the authoritarian model of government of the People's 
     Republic of China; or
       (IV) a particular policy advanced by the Chinese Communist 
     Party or the Government of the People's Republic of China;

       (iii) identify the implications for the United States of 
     the matters described in clauses (i) and (ii);
       (iv) assess the methods and evaluate the efficacy of the 
     efforts by the Government of the People's Republic of China 
     to limit freedom of expression in the private sector, 
     including media, social media, film, education, travel, 
     financial services, sports and entertainment, technology, 
     telecommunication, and internet infrastructure interests;
       (v) include policy recommendations for the United States 
     Government, including recommendations regarding collaboration 
     with United States allies and partners, to address censorship 
     and intimidation by the Government of the People's Republic 
     of China; and
       (vi) include policy recommendations for United States 
     persons, including United States companies that conduct 
     business in China, to address censorship and intimidation by 
     the Government of the People's Republic of China.
       (C) Applicability to united states allies and partners.--To 
     the extent practicable, the report required under 
     subparagraph (A) should identify implications and policy 
     recommendations that are relevant to United States allies and 
     partners facing censorship and intimidation directed or 
     directly supported by the Government of the People's Republic 
     of China.
       (2) Submission of report.--
       (A) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit the report written by the qualified research entity 
     selected pursuant to paragraph (1)(A) to the appropriate 
     congressional committees.
       (B) Publication.--The report referred to in subparagraph 
     (A) shall be made accessible to the public online through 
     relevant United States Government websites.
       (3) Federal government support.--The Secretary of State and 
     other Federal agencies selected by the President shall 
     provide the qualified research entity selected pursuant to 
     paragraph (1)(A) with timely access to appropriate 
     information, data, resources, and analyses necessary for such 
     entity to write the report described in paragraph (1)(A) in a 
     thorough and independent manner.
       (d) Sunset.--This section shall terminate on the date that 
     is 5 years after the date of the enactment of this Act.
                                 ______
                                 
  SA 4377. 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:

        On page 719, between lines 12 and 13, insert the 
     following:
       (9) An assessment of actions by the Government of the 
     United States or the Government of the People's Republic of 
     China that could be interpreted by the other government as 
     provocative or requiring a strategic response and consequent 
     measures to avoid inadvertent escalation of conflict.
       (10) An assessment of whether sufficient personnel are 
     currently dedicated to strategic stability and arms control 
     with the People's Republic of China.
                                 ______
                                 
  SA 4378. Mr. MERKLEY (for himself and Mr. Romney) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to 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. SENSE OF CONGRESS ON SELECTION OF HOST CITIES FOR 
                   THE OLYMPIC GAMES.

       It is the sense of Congress that--
       (1) the International Olympic Committee should not consider 
     a proposal to host the Olympic Games from a country that is 
     engaging in genocide, crimes against humanity, or serious 
     violations of internationally recognized human rights; and
       (2) if, after the date of the enactment of this Act, the 
     International Olympic Committee awards the honor of hosting 
     the Olympic Games to a country that subsequently engages in 
     genocide, crimes against humanity, or serious violations of 
     internationally recognized human rights, the

[[Page S7897]]

     International Olympic Committee should meet and reassign such 
     honor to another country.
                                 ______
                                 
  SA 4379. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of title VI, add the following:

     SEC. 607. COMBATING FOOD INSECURITY AMONG MEMBERS OF THE 
                   ARMED FORCES AND THEIR FAMILIES.

       (a) Designation of Senior Official to Combat Food 
     Insecurity.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     designate a senior official of the Department of Defense to 
     be responsible for, and accountable to the Secretary with 
     respect to, combating food insecurity among members of the 
     Armed Forces and their families. The Secretary shall 
     designate the senior official from among individuals who are 
     appointed to a position in the Department by the President, 
     by and with the advice and consent of the Senate.
       (2) Responsibilities.--The senior official designated under 
     paragraph (1) shall be responsible for the following:
       (A) Oversight of policy, strategy, and planning for efforts 
     of the Department of Defense to combat food insecurity among 
     members of the Armed Forces and their families.
       (B) Coordinating with other Federal agencies with respect 
     to combating food insecurity.
       (C) Such other matters as the Secretary considers 
     appropriate.
       (b) Government Accountability Office Review of Report on 
     Food Insecurity Among Members of the Armed Forces and Their 
     Families.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct a review of the report required by 
     section 656 of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1433).
       (2) Briefing and report.--The Comptroller General shall--
       (A) brief the congressional defense committees on the 
     review conducted under paragraph (1) not later than 180 days 
     after receiving the report described in that paragraph; and
       (B) submit to the congressional defense committees a report 
     on that review not later than 180 days after providing the 
     briefing under subparagraph (A).
                                 ______
                                 
  SA 4380. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of title VI, add the following:

     SEC. 607. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF REPORT 
                   ON FOOD INSECURITY AMONG MEMBERS OF THE ARMED 
                   FORCES AND THEIR FAMILIES.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a review of the report required by 
     section 656 of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1433).
       (b) Briefing and Report.--The Comptroller General shall--
       (1) brief the congressional defense committees on the 
     review conducted under subsection (a) not later than 180 days 
     after receiving the report described in that subsection; and
       (2) submit to the congressional defense committees a report 
     on that review not later than 180 days after providing the 
     briefing under paragraph (1).
                                 ______
                                 
  SA 4381. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 728. MODIFICATIONS AND REPORT RELATED TO REALIGNMENT OR 
                   REDUCTION OF MILITARY MEDICAL MANNING AND 
                   MEDICAL BILLETS.

       (a) Modifications to Limitation on Realignment or 
     Reduction.--Section 719 of the National Defense Authorization 
     Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1454), 
     as amended by section 717 of the William M. (Mac) Thornberry 
     National Defense Authorization Act for Fiscal Year 2021 
     (Public Law 116-283), is further amended--
       (1) in subsection (a), by striking ``180 days following the 
     date of the enactment of the William M. (Mac) Thornberry 
     National Defense Authorization Act for Fiscal Year 2021'' and 
     inserting ``the one-year period following the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2022''; and
       (2) in subsection (b)(1), by inserting ``, including any 
     billet validation requirements determined pursuant to 
     estimates provided in the joint medical estimate under 
     section 732(b)(1) of the John S. McCain National Defense 
     Authorization Act for Fiscal Year 2019 (Public Law 115-232; 
     132 Stat. 1817),'' after ``requirements of the military 
     department of the Secretary''.
       (b) GAO Report on Realignment or Reduction of Military 
     Medical Manning and Medical Billets.--
       (1) Report.--Not later than one year after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committees on Armed Services of 
     the the Senate and the House of Representatives a report on 
     the analyses used to support any realignment or reduction of 
     military medical manning, including any realignment or 
     reduction of medical billets of the military departments.
       (2) Elements.--The report under paragraph (1) shall include 
     the following:
       (A) An analysis of the use of the joint medical estimate 
     under section 732(b)(1) of the John S. McCain National 
     Defense Authorization Act for Fiscal Year 2019 (Public Law 
     115-232; 132 Stat. 1817) and wartime scenarios to determine 
     military medical manpower requirements, including with 
     respect to pandemic influenza and homeland defense missions.
       (B) An assessment of whether the Secretaries of the 
     military departments have used the processes under section 
     719(b) of the National Defense Authorization Act for Fiscal 
     Year 2020 (Public Law 116-92; 133 Stat. 1454) to ensure that 
     a sufficient combination of skills, specialties, and 
     occupations are validated and filled prior to the transfer of 
     any medical billets of a military department to fill other 
     military medical manpower needs.
       (C) An assessment of the effect of the reduction or 
     realignment of such billets on local health care networks and 
     whether the Director of the Defense Health Agency has 
     conducted such an assessment in coordination with the 
     Secretaries of the military departments.
                                 ______
                                 
  SA 4382. Mr. WARNER (for himself and Mr. Tillis) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 2815. COMPTROLLER GENERAL ASSESSMENT OF IMPLEMENTATION 
                   OF CERTAIN STATUTORY PROVISIONS INTENDED TO 
                   IMPROVE THE EXPERIENCE OF RESIDENTS OF 
                   PRIVATIZED MILITARY HOUSING.

       (a) Assessment Required.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct an independent assessment of the 
     implementation by the Department of Defense of sections 2890 
     and 2891c(b) of title 10, United States Code.
       (2) Elements.--The assessment required under paragraph (1) 
     shall include--
       (A) a summary and evaluation of the analysis and 
     information provided to residents of privatized military 
     housing regarding the assessment of performance indicators 
     pursuant to section 2891c(b) of title 10, United States Code, 
     and the extent to which such residents have requested such an 
     assessment;
       (B) a summary of the extent to which the Department 
     collects and uses data on whether members of the Armed Forces 
     and their families residing in privatized military housing, 
     including family and unaccompanied housing, have exercised 
     the rights afforded in the Military Housing Privatization 
     Initiative Tenant Bill of Rights under subsection (a) of 
     section 2890 of title 10, United States Code, to include the 
     rights specified under paragraphs (8), (12), (13), (14), and 
     (15) of subsection (b) of such section, and an evaluation of 
     the implementation by the Department of Defense of such 
     section; and
       (C) such other matters as the Comptroller General considers 
     necessary.
       (b) Briefing and Report.--
       (1) Briefing.--Not later than March 31, 2022, the 
     Comptroller General shall provide to the Committees on Armed 
     Services of the Senate and the House of Representatives an 
     interim briefing on the assessment conducted under subsection 
     (a).
       (2) Report.--Not later than one year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the

[[Page S7898]]

     Committees on Armed Services of the Senate and the House of 
     Representatives a report on the assessment conducted under 
     subsection (a).
       (c) Privatized Military Housing Defined.--In this section, 
     the term ``privatized military housing'' means military 
     housing provided under subchapter IV of chapter 169 of title 
     10, United States Code.
                                 ______
                                 
  SA 4383. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 807. DEPARTMENT OF DEFENSE NATIONAL IMPERATIVE FOR 
                   INDUSTRIAL SKILLS PROGRAM.

       (a) Authority.--
       (1) In general.--The Secretary of Defense shall carry out 
     and accelerate the Department of Defense National Imperative 
     for Industrial Skills Program within the Industrial Base 
     Analysis and Sustainment (IBAS) Office to evaluate and 
     further develop workforce development training programs for 
     training the skilled industrial workers needed in the defense 
     industrial base.
       (2) Priorities.--In carrying out the program, the Secretary 
     shall prioritize--
       (A) innovative training programs that can rapidly train 
     skilled workers for placement in the defense industrial base 
     faster than traditional training programs and at the scale 
     needed to measurably reduce, as rapidly as possible, the 
     manpower shortages that currently exist; and
       (B) training programs that can address the specific 
     manufacturing requirements and skills that are unique to 
     critical industrial sectors of the defense industrial base, 
     such as naval shipbuilding.
       (b) Funding.--
       (1) In general.--The amount authorized to be appropriated 
     for the Department of Defense for fiscal year 2022 for 
     Research, Development, Test, and Evaluation, Defense-wide and 
     available for Industrial Base Analysis and Sustainment 
     Support is increased by $10,00,000, with the amount of such 
     increase to be available for pilot projects carried out 
     pursuant to subsection (a).
       (2) Offset.--The amount authorized to be appropriated for 
     the Department of Defense for fiscal year 2022 for Other 
     Procurement, Navy and available for LCS MCM Mission Modules 
     is reduced by $10,000,000.
                                 ______
                                 
  SA 4384. Mr. VAN HOLLEN submitted an amendment intended to be 
proposed by him to the bill H.R. 4350, to authorize appropriations for 
fiscal year 2022 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 376. PILOT PROGRAM FOR TACTICAL VEHICLE SAFETY DATA 
                   COLLECTION.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of the Army and the 
     Secretary of the Navy shall jointly carry out a pilot program 
     to evaluate the feasibility of using data recorders to 
     monitor, assess, and improve the readiness and safety of the 
     operation of military tactical vehicles.
       (b) Purposes.--The purposes of the pilot program are--
       (1) to allow for the automated identification of hazards 
     and potential hazards on and off military installations;
       (2) to mitigate and increase awareness of hazards and 
     potential hazards on and off military installations;
       (3) to identify near-miss accidents;
       (4) to create a standardized record source for accident 
     investigations;
       (5) to assess individual driver proficiency, risk, and 
     readiness;
       (6) to increase consistency in the implementation of 
     military installation and unit-level range safety programs 
     across military installations and units;
       (7) to evaluate the feasibility of incorporating metrics 
     generated from data recorders into the safety reporting 
     systems and to the Defense Readiness Reporting System as a 
     measure of assessing safety risks, mitigations, and 
     readiness;
       (8) to determine the costs and benefits of retrofitting 
     data recorders on legacy platforms and including data 
     recorders as a requirement in acquisition of military 
     tactical vehicles; and
       (9) any other matters as determined by the Secretary 
     concerned.
       (c) Requirements.--In carrying out the pilot program, the 
     Secretary of the Army and the Secretary of the Navy shall--
       (1) assess the feasibility of using commercial technology, 
     such as smartphones or technologies used by insurance 
     companies, as a data recorder;
       (2) test and evaluate a minimum of two data recorders that 
     meet the pilot program requirements;
       (3) select a data recorder capable of collecting and 
     exporting the telemetry data, event data, and driver 
     identification during operation and accidents;
       (4) install and maintain a data recorder on a sufficient 
     number of each of the military tactical vehicles listed under 
     subsection (f) at installations selected by the Secretary 
     concerned under subsection (e) for statistically significant 
     results;
       (5) establish and maintain a database that contains 
     telemetry data, driver data, and event data captured by the 
     data recorder;
       (6) regularly generate for each installation selected under 
     subsection (e) a dataset that is viewable in widely available 
     mapping software of hazards and potential hazards based on 
     telemetry data and event data captured by the data recorders;
       (7) generate actionable data sets and statistics on 
     individual, vehicle, and military installation;
       (8) require commanders at the installations selected under 
     subsection (e) to incorporate the actionable data sets and 
     statistics into the installation range safety program;
       (9) require unit commanders at the installations selected 
     under subsection (e) to incorporate the actionable data sets 
     and statistics into the unit driver safety program;
       (10) evaluate the feasibility of integrating data sets and 
     statistics to improve driver certification and licensing 
     based on data recorded and generated by the data recorders;
       (11) use open architecture to the maximum extent 
     practicable; and
       (12) carry out any other activities determined by the 
     Secretary as necessary to meet the purposes under subsection 
     (b).
       (d) Implementation Plan.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of the Army 
     and the Secretary of the Navy shall develop a plan for 
     implementing the pilot program.
       (e) Locations.--Each Secretary concerned shall carry out 
     the pilot program at not fewer than one military installation 
     in the United States selected by the Secretary concerned that 
     meets the following conditions:
       (1) Contains the necessary force structure, equipment, and 
     maneuver training ranges to collect driver and military 
     tactical vehicle data during training and routine operation.
       (2) Represents at a minimum one of the five training ranges 
     identified in the study by the Comptroller General of the 
     United States titled ``Army and Marine Corps Should Take 
     Additional Actions to Mitigate and Prevent Training 
     Accidents'' that did not track unit location during the 
     training events.
       (f) Covered Military Tactical Vehicles.--The pilot program 
     shall cover the following military tactical vehicles:
       (1) Army Strykers.
       (2) Marine Corps Light Armored Vehicles.
       (3) Army Medium Tactical Vehicles.
       (4) Marine Corps Medium Tactical Vehicle Replacements.
       (g) Metrics.--The Secretaries shall develop metrics to 
     evaluate the effectiveness of the pilot program in 
     monitoring, assessing, and improving vehicle safety, driver 
     readiness, and mitigation of risk.
       (h) Reports.--
       (1) Initial.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of the Army and the 
     Secretary of the Navy shall jointly submit to the 
     congressional defense committees a report on the pilot 
     program that addresses the plan for implementing the 
     requirements under subsection (c), including the established 
     metrics under subsection (g).
       (2) Interim.--Not later than three years after the 
     commencement of the pilot program, the Secretary of the Army 
     and the Secretary of the Navy shall jointly submit to the 
     congressional defense committees a report on the status of 
     the pilot program, including the preliminary results in 
     carrying out the pilot program, the metrics generated during 
     the pilot program, disaggregated by military tactical 
     vehicle, location, and service, and the implementation plan 
     under subsection (d).
       (3) Final.--
       (A) In general.--Not later than 90 days after the 
     termination of the pilot program, the Secretary of the Army 
     and the Secretary of the Navy shall jointly submit to the 
     congressional defense committees a report on the results of 
     the program.
       (B) Elements.--The report required by subparagraph (A) 
     shall--
       (i) assess the effectiveness of the pilot program in 
     meeting the purposes under subsection (b);
       (ii) include the metrics generated during the pilot 
     program, disaggregated by military tactical vehicle, 
     location, and service;
       (iii) include the views of range personnel, unit 
     commanders, and members of the Armed Forces involved in the 
     pilot program on the level of effectiveness of the technology 
     selected;
       (iv) provide a cost estimate for equipping legacy military 
     tactical vehicles with data recorders;
       (v) determine the instances in which data recorders should 
     be a requirement in the acquisition of military tactical 
     vehicles;
       (vi) recommend whether the pilot program should be expanded 
     or made into a program of record; and
       (vii) recommend any statutory, regulatory, or policy 
     changes required to support the purposes under subsection 
     (b).
       (i) Termination.--The authority to carry out the pilot 
     program under subsection (a)

[[Page S7899]]

     shall terminate five years after the date of the enactment of 
     this Act.
       (j) Definitions.--In this section:
       (1) Accident.--The term ``accident'' means a collision, 
     rollover, or other mishap involving a motor vehicle.
       (2) Congressional defense committees.--The term 
     ``congressional defense committees'' has the meaning given 
     that term in section 101(a)(16) of title 10, United States 
     Code.
       (3) Data recorder.--The term ``data recorder'' means 
     technologies installed in a motor vehicle to record driver 
     identification, telemetry data, and event data related to the 
     operation of the motor vehicle.
       (4) Driver identification.--The term ``driver 
     identification'' means data enabling the unique 
     identification of the driver operating a motor vehicle.
       (5) Event data.--The term ``event data'' includes data 
     related to--
       (A) the start and conclusion of each vehicle operation;
       (B) a vehicle accident;
       (C) a vehicle acceleration, velocity, or location with an 
     increased potential for an accident; or
       (D) a vehicle orientation with an increased potential for 
     an accident.
       (6) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) the Secretary of the Army with respect to matters 
     concerning the Army; and
       (B) the Secretary of the Navy with respect to matters 
     concerning the Navy and Marine Corps.
       (7) Telemetry data.--The term ``telemetry data'' includes--
       (A) time;
       (B) vehicle distance traveled;
       (C) vehicle acceleration and velocity;
       (D) vehicle orientation, including roll, pitch, and yaw; 
     and
       (E) vehicle location in a geographic coordinate system, 
     including elevation.
                                 ______
                                 
  SA 4385. 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 XII, add the following:

     SEC. 12__. CONSIDERATION OF HUMAN RIGHTS RECORDS OF 
                   RECIPIENTS OF SUPPORT OF SPECIAL OPERATIONS TO 
                   COMBAT TERRORISM.

       Section 127e of title 10, United States Code, is amended--
       (1) in subsection (c)(2) by adding at the end of the 
     following new subparagraph--
       ``(D) The processes through which the Secretary shall, in 
     consultation with the Secretary of State, ensure that prior 
     to a decision to provide any support to foreign forces, 
     irregular forces, groups, or individuals full consideration 
     is given to any credible information available to the 
     Department of State relating to violations of human rights by 
     such entities.''.
       (2) in subsection (d)(2)--
       (A) in subparagraph (H), by inserting ``, including the 
     promotion of good governance and rule of law and the 
     protection of civilians and human rights'' before the period 
     at the end;
       (B) in subparagraph (I), by striking the period at the end 
     and inserting ``or violations of the Geneva Conventions of 
     1949, including--
       ``(i) with respect to any unit that receives such support, 
     vetting the unit for violations of human rights;
       ``(ii) providing human rights training to units receiving 
     such support; and
       ``(iii) providing for the investigation of allegations of 
     violations of human rights and termination of such support in 
     cases of credible information of such violations.''; and
       (C) by adding at the end the following new subparagraph:
       ``(J) A description of the human rights record of the 
     recipient, including for purposes of section 362 of this 
     title, and any relevant attempts by such recipient to remedy 
     such record.'';
       (3) in subsection (i)(3) by adding at the end the following 
     new subparagraph:
       ``(I) An assessment of how support provided under this 
     section advances United States national security priorities 
     and aligns with other United States Government efforts to 
     address underlying risk factors of terrorism and violent 
     extremism.''; and
       (4) by adding at the end the following new subsection:
       ``(j) Prohibition on Use of Funds.--(1) Except as provided 
     in paragraphs (2) and (3), no funds may be used to provide 
     support to any foreign forces, irregular forces, groups, or 
     individuals if the Secretary of Defense has credible 
     information that the unit has committed a gross violation of 
     human rights.
       ``(2) The Secretary of Defense, after consultation with the 
     Secretary of State, may waive the prohibition under paragraph 
     (1) if the Secretary determines that the waiver is required 
     by extraordinary circumstances.
       ``(3) The prohibition under paragraph (1) shall not apply 
     with respect to the foreign forces, irregular forces, groups, 
     or individuals of a country if the Secretary of Defense, 
     after consultation with the Secretary of State, determines 
     that--
       ``(A) the government of such country has taken all 
     necessary corrective steps; or
       ``(B) the support is necessary to assist in disaster relief 
     operations or other humanitarian or national security 
     emergencies.''.
                                 ______
                                 
  SA 4386. 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:

        Strike section 572 and insert the following:

     SEC. 572. ALLOCATION OF AUTHORITY FOR NOMINATIONS TO THE 
                   SERVICE ACADEMIES IN THE EVENT OF THE DEATH, 
                   RESIGNATION, OR EXPULSION FROM OFFICE OF A 
                   MEMBER OF CONGRESS.

       (a) United States Military Academy.--
       (1) In general.--Chapter 753 of title 10, United States 
     Code, is amended by inserting after section 7442 the 
     following new section:

     ``Sec. 7442a. Cadets: nomination in event of death, 
       resignation, or expulsion from office of member of Congress 
       otherwise authorized to nominate

       ``(a) Senators.--In the event a Senator does not submit 
     nominations for cadets for an academic year in accordance 
     with section 7442(a)(3) of this title due to death, 
     resignation from office, or expulsion from office and the 
     date of the swearing-in of the Senator's successor as Senator 
     occurs after the date of the deadline for submittal of 
     nominations for cadets for the academic year, the nominations 
     for cadets otherwise authorized to be made by the Senator 
     pursuant to such section shall be made instead by the other 
     Senator from the State concerned.
       ``(b) Representatives.--In the event a Representative from 
     a State does not submit nominations for cadets for an 
     academic year in accordance with section 7442(a)(4) of this 
     title due to death, resignation from office, or expulsion 
     from office and the date of the swearing-in of the 
     Representative's successor as Representative occurs after the 
     date of the deadline for submittal of nominations for cadets 
     for the academic year, the nominations for cadets otherwise 
     authorized to be made by the Representative pursuant to such 
     section shall be made instead by the Senators from the State 
     of the congressional district concerned, with such 
     nominations divided equally among such Senators and any 
     remainder going to the senior Senator from the State.
       ``(c) Construction of Authority.--Any nomination for cadets 
     made by a Member pursuant to this section is not a 
     reallocation of a nomination. Such nominations are made in 
     lieu of a Member that does not submit nominations for cadets 
     for an academic year in accordance with section 7442 of this 
     title due to death, resignation from office, or expulsion 
     from office and the date of the swearing-in of the Member's 
     successor occurs after the date of the deadline for submittal 
     of nominations for cadets for the academic year.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 753 of such title is amended by 
     inserting after the item relating to section 7442 the 
     following new item:

``7442a. Cadets: nomination in event of death, resignation, or 
              expulsion from office of member of Congress otherwise 
              authorized to nominate.''.
       (b) United States Naval Academy.--
       (1) In general.--Chapter 853 of title 10, United States 
     Code, is amended by inserting after section 8454 the 
     following new section:

     ``Sec. 8454a. Midshipmen: nomination in event of death, 
       resignation, or expulsion from office of member of Congress 
       otherwise authorized to nominate

       ``(a) Senators.--In the event a Senator does not submit 
     nominations for midshipmen for an academic year in accordance 
     with section 8454(a)(3) of this title due to death, 
     resignation from office, or expulsion from office and the 
     date of the swearing-in of the Senator's successor as Senator 
     occurs after the date of the deadline for submittal of 
     nominations for midshipmen for the academic year, the 
     nominations for midshipmen otherwise authorized to be made by 
     the Senator pursuant to such section shall be made instead by 
     the other Senator from the State concerned.
       ``(b) Representatives.--In the event a Representative from 
     a State does not submit nominations for midshipmen for an 
     academic year in accordance with section 8454(a)(4) of this 
     title due to death, resignation from office, or expulsion 
     from office and the date of the swearing-in of the 
     Representative's successor as Representative occurs after the 
     date of the deadline for submittal of nominations for 
     midshipmen for the academic year, the nominations for 
     midshipmen otherwise authorized to be made by the 
     Representative pursuant to such section shall be made instead 
     by the Senators from the State of the congressional district 
     concerned, with such

[[Page S7900]]

     nominations divided equally among such Senators and any 
     remainder going to the senior Senator from the State.
       ``(c) Construction of Authority.--Any nomination for 
     midshipmen made by a Member pursuant to this section is not a 
     reallocation of a nomination. Such nominations are made in 
     lieu of a Member that does not submit nominations for cadets 
     for an academic year in accordance with section 8454 of this 
     title due to death, resignation from office, or expulsion 
     from office and the date of the swearing-in of the Member's 
     successor occurs after the date of the deadline for submittal 
     of nominations for midshipmen for the academic year.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 853 of such title is amended by 
     inserting after the item relating to section 8454 the 
     following new item:

``8454a. Midshipmen: nomination in event of death, resignation, or 
              expulsion from office of member of Congress otherwise 
              authorized to nominate.''.
       (c) Air Force Academy.--
       (1) In general.--Chapter 953 of title 10, United States 
     Code, is amended by inserting after section 9442 the 
     following new section:

     ``Sec. 9442a. Cadets: nomination in event of death, 
       resignation, or expulsion from office of member of Congress 
       otherwise authorized to nominate

       ``(a) Senators.--In the event a Senator does not submit 
     nominations for cadets for an academic year in accordance 
     with section 9442(a)(3) of this title due to death, 
     resignation from office, or expulsion from office and the 
     date of the swearing-in of the Senator's successor as Senator 
     occurs after the date of the deadline for submittal of 
     nominations for cadets for the academic year, the nominations 
     for cadets otherwise authorized to be made by the Senator 
     pursuant to such section shall be made instead by the other 
     Senator from the State concerned.
       ``(b) Representatives.--In the event a Representative from 
     a State does not submit nominations for cadets for an 
     academic year in accordance with section 9442(a)(4) of this 
     title due to death, resignation from office, or expulsion 
     from office and the date of the swearing-in of the 
     Representative's successor as Representative occurs after the 
     date of the deadline for submittal of nominations for cadets 
     for the academic year, the nominations for cadets otherwise 
     authorized to be made by the Representative pursuant to such 
     section shall be made instead by the Senators from the State 
     of the congressional district concerned, with such 
     nominations divided equally among such Senators and any 
     remainder going to the senior Senator from the State.
       ``(c) Construction of Authority.--Any nomination for cadets 
     made by a Member pursuant to this section is not a 
     reallocation of a nomination. Such nominations are made in 
     lieu of a Member that does not submit nominations for cadets 
     for an academic year in accordance with section 9442 of this 
     title due to death, resignation from office, or expulsion 
     from office and the date of the swearing-in of the Member's 
     successor occurs after the date of the deadline for submittal 
     of nominations for cadets for the academic year.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 953 of such title is amended by 
     inserting after the item relating to section 9442 the 
     following new item:

``9442a. Cadets: nomination in event of death, resignation, or 
              expulsion from office of member of Congress otherwise 
              authorized to nominate.''.
       (d) Merchant Marine Academy.--
       (1) In general.--Chapter 513 of title 46, United States 
     Code, is amended by inserting after section 51302 the 
     following new section:

     ``Sec. 51302a. Cadets: nomination in event of death, 
       resignation, or expulsion from office of member of Congress 
       otherwise authorized to nominate

       ``(a) Senators.--In the event a Senator does not submit 
     nominations for cadets for an academic year in accordance 
     with section 51302(b)(1) of this title due to death, 
     resignation from office, or expulsion from office and the 
     date of the swearing-in of the Senator's successor as Senator 
     occurs after the date of the deadline for submittal of 
     nominations for cadets for the academic year, the nominations 
     for cadets otherwise authorized to be made by the Senator 
     pursuant to such section shall be made instead by the other 
     Senator from the State concerned.
       ``(b) Representatives.--In the event a Representative from 
     a State does not submit nominations for cadets for an 
     academic year in accordance with section 51302(b)(2) of this 
     title due to death, resignation from office, or expulsion 
     from office and the date of the swearing-in of the 
     Representative's successor as Representative occurs after the 
     date of the deadline for submittal of nominations for cadets 
     for the academic year, the nominations for cadets otherwise 
     authorized to be made by the Representative pursuant to such 
     section shall be made instead by the Senators from the State 
     of the congressional district concerned, with such 
     nominations divided equally among such Senators and any 
     remainder going to the senior Senator from the State.
       ``(c) Construction of Authority.--Any nomination for cadets 
     made by a Member pursuant to this section is not a 
     reallocation of a nomination. Such nominations are made in 
     lieu of a Member that does not submit nominations for cadets 
     for an academic year in accordance with section 51302 of this 
     title due to death, resignation from office, or expulsion 
     from office and the date of the swearing-in of the Member's 
     successor occurs after the date of the deadline for submittal 
     of nominations for cadets for the academic year.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 513 of such title is amended by 
     inserting after the item relating to section 51302 the 
     following new item:

``51302a. Cadets: nomination in event of death, resignation, or 
              expulsion from office of member of Congress otherwise 
              authorized to nominate.''.
                                 ______
                                 
  SA 4387. Mr. VAN HOLLEN submitted an amendment intended to be 
proposed by him to the bill H.R. 4350, to authorize appropriations for 
fiscal year 2022 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. TREATMENT OF HOURS WORKED UNDER A QUALIFIED TRADE-
                   OF-TIME ARRANGEMENT.

       Section 5542 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(h)(1) Notwithstanding any other provision of this 
     section, any hours worked by a firefighter under a qualified 
     trade-of-time arrangement shall be disregarded for purposes 
     of any determination relating to eligibility for, or the 
     amount of, any overtime pay under this section.
       ``(2) For purposes of this subsection--
       ``(A) the term `qualified trade-of-time arrangement' means 
     an arrangement under which 2 firefighters who are employed by 
     the same agency agree, solely at their option and with the 
     approval of their employing agency, to substitute for one 
     another during scheduled work hours in the performance of 
     work in the same capacity; and
       ``(B) the term `firefighter' means a firefighter as defined 
     by section 8331(21) or 8401(14).''.
                                 ______
                                 
  SA 4388. Mr. VAN HOLLEN submitted an amendment intended to be 
proposed by him to the bill H.R. 4350, to authorize appropriations for 
fiscal year 2022 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 2836. INCREASE IN AMOUNTS AVAILABLE FOR UNSPECIFIED 
                   MINOR MILITARY CONSTRUCTION FOR REVITALIZATION 
                   AND RECAPITALIZATION OF LABORATORIES.

       Section 2805(d) of title 10, United States Code, is amended 
     by striking ``$6,000,000'' each place it appears and 
     inserting ``$10,000,000''.
                                 ______
                                 
  SA 4389. Mr. VAN HOLLEN submitted an amendment intended to be 
proposed by him to the bill H.R. 4350, to authorize appropriations for 
fiscal year 2022 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ____. COAST GUARD YARD IMPROVEMENT.

       Of the amounts authorized to be appropriated under section 
     4902(2)(A)(ii) of title 14, United States Code, $175,000,000 
     shall be made available for fiscal year 2022 for the 
     Commandant of the Coast Guard to improve facilities at the 
     Coast Guard Yard in Baltimore, Maryland, including dock, dry 
     dock, and capital equipment improvements and dredging 
     necessary to facilitate access to such Coast Guard Yard.
                                 ______
                                 
  SA 4390. Mr. VAN HOLLEN submitted an amendment intended to be 
proposed by him to the bill H.R. 4350, to authorize appropriations for 
fiscal year 2022 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

[[Page S7901]]

  


     SEC. 376. IMPLEMENTATION OF COMPTROLLER GENERAL 
                   RECOMMENDATIONS ON PREVENTING TACTICAL VEHICLE 
                   TRAINING ACCIDENTS.

       (a) Plan Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, each Secretary concerned shall 
     submit to the congressional defense committees and to the 
     Comptroller General of the United States a plan to address 
     the recommendations in the report by the Comptroller General 
     entitled ``Army and Marine Corps Should Take Additional 
     Actions to Mitigate and Prevent Training Accidents'' (GAO-21-
     361).
       (2) Elements.--Each plan submitted under paragraph (1) 
     shall include, with respect to each recommendation in the 
     report described in such paragraph that the Secretary 
     concerned has implemented or intends to implement--
       (A) a summary of actions that have been or will be taken to 
     implement the recommendation; and
       (B) a schedule, with specific milestones, for completing 
     implementation of the recommendation.
       (b) Deadline for Implementation.--
       (1) In general.--Except as provided in paragraph (2), not 
     later than 18 months after the date of the enactment of this 
     Act, each Secretary concerned shall carry out activities to 
     implement the plan of the Secretary developed under 
     subsection (a).
       (2) Exception for implementation of certain 
     recommendations.--
       (A) Delayed implementation.--A Secretary concerned may 
     initiate implementation of a recommendation in the report 
     described in subsection (a) after the date specified in 
     paragraph (1) if, on or before such date, the Secretary 
     provides to the congressional defense committees a specific 
     justification for the delay in implementation of such 
     recommendation.
       (B) Nonimplementation.--A Secretary concerned may decide 
     not to implement a recommendation in the report described in 
     subsection (a) if, on or before the date specified in 
     paragraph (1), the Secretary provides to the congressional 
     defense committees--
       (i) a specific justification for the decision not to 
     implement the recommendation; and
       (ii) a summary of alternative actions the Secretary plans 
     to take to address the conditions underlying the 
     recommendation.
       (c) Secretary Concerned Defined.--In this section, the term 
     ``Secretary concerned'' means--
       (1) the Secretary of the Army, with respect to matters 
     concerning the Army; and
       (2) the Secretary of the Navy, with respect to matters 
     concerning the Navy.
                                 ______
                                 
  SA 4391. Mr. VAN HOLLEN (for himself, Mr. Carper, Mr. Blumenthal, Mr. 
Wyden, Mr. Durbin, Mr. Casey, Mr. Kaine, Mr. Heinrich, and Mr. Warner) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

       Subtitle H--District of Columbia National Guard Home Rule

     SEC. 1071. SHORT TITLE.

       This subtitle may be cited as the ``District of Columbia 
     National Guard Home Rule Act''.

     SEC. 1072. EXTENSION OF NATIONAL GUARD AUTHORITIES TO MAYOR 
                   OF THE DISTRICT OF COLUMBIA.

       (a) Mayor as Commander-in-chief.--Section 6 of the Act 
     entitled ``An Act to provide for the organization of the 
     militia of the District of Columbia, and for other 
     purposes'', approved March 1, 1889 (sec. 49-409, D.C. 
     Official Code), is amended by striking ``President of the 
     United States'' and inserting ``Mayor of the District of 
     Columbia''.
       (b) Reserve Corps.--Section 72 of such Act (sec. 49-407, 
     D.C. Official Code) is amended by striking ``President of the 
     United States'' each place it appears and inserting ``Mayor 
     of the District of Columbia''.
       (c) Appointment of Commissioned Officers.--(1) Section 7(a) 
     of such Act (sec. 49-301(a), D.C. Official Code) is amended--
       (A) by striking ``President of the United States'' and 
     inserting ``Mayor of the District of Columbia''; and
       (B) by striking ``President.'' and inserting ``Mayor.''.
       (2) Section 9 of such Act (sec. 49-304, D.C. Official Code) 
     is amended by striking ``President'' and inserting ``Mayor of 
     the District of Columbia''.
       (3) Section 13 of such Act (sec. 49-305, D.C. Official 
     Code) is amended by striking ``President of the United 
     States'' and inserting ``Mayor of the District of Columbia''.
       (4) Section 19 of such Act (sec. 49-311, D.C. Official 
     Code) is amended--
       (A) in subsection (a), by striking ``to the Secretary of 
     the Army'' and all that follows through ``which board'' and 
     inserting ``to a board of examination appointed by the 
     Commanding General, which''; and
       (B) in subsection (b), by striking ``the Secretary of the 
     Army'' and all that follows through the period and inserting 
     ``the Mayor of the District of Columbia, together with any 
     recommendations of the Commanding General.''.
       (5) Section 20 of such Act (sec. 49-312, D.C. Official 
     Code) is amended--
       (A) by striking ``President of the United States'' each 
     place it appears and inserting ``Mayor of the District of 
     Columbia''; and
       (B) by striking ``the President may retire'' and inserting 
     ``the Mayor may retire''.
       (d) Call for Duty.--(1) Section 45 of such Act (sec. 49-
     103, D.C. Official Code) is amended by striking ``, or for 
     the United States Marshal'' and all that follows through 
     ``shall thereupon order'' and inserting ``to order''.
       (2) Section 46 of such Act (sec. 49-104, D.C. Official 
     Code) is amended by striking ``the President'' and inserting 
     ``the Mayor of the District of Columbia''.
       (e) General Courts Martial.--Section 51 of such Act (sec. 
     49-503, D.C. Official Code) is amended by striking ``the 
     President of the United States'' and inserting ``the Mayor of 
     the District of Columbia''.

     SEC. 1073. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES 
                   CODE.

       (a) Failure to Satisfactorily Perform Prescribed 
     Training.--Section 10148(b) of title 10, United States Code, 
     is amended by striking ``the commanding general of the 
     District of Columbia National Guard'' and inserting ``the 
     Mayor of the District of Columbia''.
       (b) Appointment of Chief of National Guard Bureau.--Section 
     10502(a)(1) of such title is amended by striking ``the 
     commanding general of the District of Columbia National 
     Guard'' and inserting ``the Mayor of the District of 
     Columbia''.
       (c) Vice Chief of National Guard Bureau.--Section 
     10505(a)(1)(A) of such title is amended by striking ``the 
     commanding general of the District of Columbia National 
     Guard'' and inserting ``the Mayor of the District of 
     Columbia''.
       (d) Other Senior National Guard Bureau Officers.--Section 
     10506(a)(1) of such title is amended by striking ``the 
     commanding general of the District of Columbia National 
     Guard'' both places it appears and inserting ``the Mayor of 
     the District of Columbia''.
       (e) Consent for Active Duty or Relocation.--(1) Section 
     12301 of such title is amended--
       (A) in subsection (b), by striking ``commanding general of 
     the District of Columbia National Guard'' in the second 
     sentence and inserting ``Mayor of the District of Columbia''; 
     and
       (B) in subsection (d), by striking the period at the end 
     and inserting the following: ``, or, in the case of the 
     District of Columbia National Guard, the Mayor of the 
     District of Columbia.''.
       (2) Section 12406 of such title is amended by striking 
     ``the commanding general of the National Guard of the 
     District of Columbia'' and inserting ``the Mayor of the 
     District of Columbia''.
       (f) Consent for Relocation of Units.--Section 18238 of such 
     title is amended by striking ``the commanding general of the 
     National Guard of the District of Columbia'' and inserting 
     ``the Mayor of the District of Columbia''.

     SEC. 1074. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES 
                   CODE.

       (a) Maintenance of Other Troops.--Section 109(c) of title 
     32, United States Code, is amended by striking ``(or 
     commanding general in the case of the District of 
     Columbia)''.
       (b) Drug Interdiction and Counter-drug Activities.--Section 
     112(h)(2) of such title is amended by striking ``the 
     Commanding General of the National Guard of the District of 
     Columbia'' and inserting ``the Mayor of the District of 
     Columbia''.
       (c) Additional Assistance.--Section 113 of such title is 
     amended by adding at the end the following new subsection:
       ``(e) Inclusion of District of Columbia.--In this section, 
     the term `State' includes the District of Columbia.''.
       (d) Appointment of Adjutant General.--Section 314 of such 
     title is amended--
       (1) by striking subsection (b);
       (2) by redesignating subsections (c) and (d) as subsections 
     and (c), respectively; and
       (3) in subsection (b) (as so redesignated), by striking 
     ``the commanding general of the District of Columbia National 
     Guard'' and inserting ``the Mayor of the District of 
     Columbia,''.
       (e) Relief From National Guard Duty.--Section 325(a)(2)(B) 
     of such title is amended by striking ``commanding general of 
     the District of Columbia National Guard'' and inserting ``the 
     Mayor of the District of Columbia''.
       (f) Authority to Order to Perform Active Guard and Reserve 
     Duty.--
       (1) Authority.--Subsection (a) of section 328 of such title 
     is amended by striking ``the commanding general of the 
     District of Columbia National Guard'' and inserting ``the 
     Mayor of the District of Columbia''.
       (2) Clerical amendments.--
       (A) Section heading.--The heading of such section is 
     amended to read as follows:

     ``SEC. 328. ACTIVE GUARD AND RESERVE DUTY: AUTHORITY OF CHIEF 
                   EXECUTIVE.''.

       (B) Table of sections.--The table of sections at the 
     beginning of chapter 3 of such title is amended by striking 
     the item relating to section 328 and inserting the following 
     new item:

``328. Active Guard and Reserve duty: authority of chief executive.''.
       (g) Personnel Matters.--Section 505 of such title is 
     amended by striking ``commanding general of the National 
     Guard of the District of Columbia'' in the first sentence and 
     inserting ``Mayor of the District of Columbia''.

[[Page S7902]]

       (h) National Guard Challenge Program.--Section 509 of such 
     title is amended--
       (1) in subsection (c)(1), by striking ``the commanding 
     general of the District of Columbia National Guard, under 
     which the Governor or the commanding general'' and inserting 
     ``the Mayor of the District of Columbia, under which the 
     Governor or the Mayor'';
       (2) in subsection (g)(2), by striking ``the commanding 
     general of the District of Columbia National Guard'' and 
     inserting ``the Mayor of the District of Columbia'';
       (3) in subsection (j), by striking ``the commanding general 
     of the District of Columbia National Guard'' and inserting 
     ``the Mayor of the District of Columbia''; and
       (4) in subsection (k), by striking ``the commanding general 
     of the District of Columbia National Guard'' and inserting 
     ``the Mayor of the District of Columbia''.
       (i) Issuance of Supplies.--Section 702(a) of such title is 
     amended by striking ``commanding general of the National 
     Guard of the District of Columbia'' and inserting ``Mayor of 
     the District of Columbia''.
       (j) Appointment of Fiscal Officer.--Section 708(a) of such 
     title is amended by striking ``commanding general of the 
     National Guard of the District of Columbia'' and inserting 
     ``Mayor of the District of Columbia''.

     SEC. 1075. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA 
                   HOME RULE ACT.

       Section 602(b) of the District of Columbia Home Rule Act 
     (sec. 1-206.02(b), D.C. Official Code) is amended by striking 
     ``the National Guard of the District of Columbia,''.
                                 ______
                                 
  SA 4392. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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 AND REPORT ON APPROACH FOR CERTAIN 
                   PROPERTIES AFFECTED BY NOISE FROM MILITARY 
                   FLIGHT OPERATIONS.

       (a) Briefing.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     provide to the congressional defense committees a briefing on 
     the use and applicability of the Air Installations Compatible 
     Use Zones program of the Department of Defense to support 
     noise mitigation and insulation efforts for fixed wing 
     aircraft, including any such efforts funded under grants from 
     the Office of Local Defense Community Cooperation of the 
     Department.
       (b) Matters.--The briefing under subsection (a) shall 
     include a discussion of the following:
       (1) Changes to current practices regarding the Air 
     Installations Compatible Use Zones program that are necessary 
     to support noise mitigation and insulation efforts relating 
     to existing covered facilities.
       (2) The number of fixed wing aircraft facilities covered by 
     existing studies under such program.
       (3) The proportion of existing studies under such program 
     that accurately reflect current and reasonably foreseeable 
     fixed wing aviation activity.
       (4) Expected timelines for each military department to 
     develop and update all studies under such program to reflect 
     current and reasonably foreseeable fixed wing activity.
       (5) An approximate number of covered facilities anticipated 
     to be within the 65 decibel day-night average sound level for 
     installations with existing studies under such program, 
     including such facilities specifically located in crash zones 
     or accident potential zones.
       (6) An assessment of the viability of making eligibility to 
     receive funding for noise mitigation and insulation efforts 
     contingent on the completion of certain measures to ensure 
     compatibility of civilian land use activity with conclusions 
     under such program.
       (7) Any barriers to the timely review and generation of 
     studies under such program, including with respect to 
     staffing and gaps in authorities.
       (8) The estimated cost to develop and update required 
     practices and studies under such program.
       (9) Future opportunities to consult with local communities 
     affected by noise from military flight operations.
       (c) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a report on the final 
     outcome of the update process being undertaken by the 
     Secretary with respect to the Air Installations Compatible 
     Use Zones program.
       (2) Elements.--The report required by paragraph (1) shall 
     include further details and analysis with respect to each 
     matter specified in subsection (b).
       (d) Definitions.--In this section:
       (1) The term ``Air Installations Compatible Use Zones 
     program'' has the meaning given such term in Department of 
     Defense Instruction 4165.57.
       (2) The term ``covered facility'' means any--
       (A) private residence;
       (B) hospital;
       (C) daycare facility;
       (D) school; or
       (E) facility the primary purpose of which is to serve 
     senior citizens.
                                 ______
                                 
  SA 4393. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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. PROVIDING END-TO-END ELECTRONIC VOTING SERVICES 
                   FOR ABSENT UNIFORMED SERVICES VOTERS IN 
                   LOCATIONS WITH LIMITED OR IMMATURE POSTAL 
                   SERVICE.

       (a) Plan.--
       (1) Development.--In consultation with the Chief 
     Information Officer of the Department of Defense, the 
     Presidential designee under the Uniformed and Overseas 
     Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.) shall 
     develop a plan for providing end-to-end electronic voting 
     services (including services for registering to vote, 
     requesting an electronic ballot, completing the ballot, and 
     returning the ballot) in participating States for absent 
     uniformed services voters under such Act who are deployed or 
     mobilized to locations with limited or immature postal 
     service (as determined by the Presidential designee).
       (2) Specifications.--The Presidential designee shall 
     incl