[Congressional Record Volume 168, Number 115 (Wednesday, July 13, 2022)]
[House]
[Pages H6339-H6509]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 2320
PROVIDING FOR FURTHER CONSIDERATION OF H.R. 7900, NATIONAL DEFENSE
AUTHORIZATION ACT FOR FISCAL YEAR 2023--Continued
Amendments En Bloc No. 2 Offered by Mr. Smith of Washington--Continued
Mr. ROGERS of Alabama. Madam Speaker, I reserve the balance of my
time.
Mr. SMITH of Washington. Madam Speaker, I yield 1\1/2\ minutes to the
gentlewoman from Florida (Ms. Wasserman Schultz).
Ms. WASSERMAN SCHULTZ. Madam Speaker, I thank Chairman Smith for
yielding and for his steadfast leadership in equipping our Nation to
face unprecedented challenges at home and abroad. I also thank Ranking
Member Rogers for his role in bringing a bipartisan NDAA to the floor.
I rise in support of my amendment requiring a joint briefing from the
Army and Air Force on the lack of a childcare center to serve Camp Bull
Simons at Eglin Air Force Base.
After hearing the stories of families stationed there, it is clear we
need to add transparency to a process that has left our servicemembers
and their families behind.
These brave men and women make immense sacrifices to protect and
serve our Nation. The least we can do is make sure that they do not
have to stress about affordable and accessible childcare while deployed
or on assignment.
Currently, the closest government-run CDC, a benefit our
servicemembers are entitled to, would add an average of 4 hours per day
to a parent's commute. The options that the services are proposing to
remedy the situation for those families are wholly inadequate.
As chair of the Military Construction, Veterans Affairs, and Related
Agencies Appropriations Subcommittee, I understand the value of child
development centers and quality-of-life issues for our servicemembers.
I offered this bipartisan amendment with my colleagues,
Representatives Castor, Hudson, and Gaetz, to help find a solution that
meets the standard of care that we must deliver for our military
families.
Madam Speaker, I thank the chairman for including this amendment in
the en bloc.
Mr. ROGERS of Alabama. Madam Speaker, I reserve the balance of my
time.
Mr. SMITH of Washington. Madam Speaker, I urge adoption of the en
bloc amendments, and I yield back the balance of my time.
Mr. ROGERS of Alabama. Madam Speaker, I also urge adoption, and I
yield back the balance of my time.
Ms. MOORE of Wisconsin. Madam Speaker, I rise today in support of my
amendments to the FY 2023 National Defense Authorization Act that will
help save lives and promote the health and well-being of those who are
serving or have served our country.
The CDC estimates that nearly 264,000 women are diagnosed with breast
cancer each year and as many as 1 in 8 women will live with this
disease at some point in their life. The American Cancer Society
predicts that 43,250 women will lose their lives to breast cancer in
2022.
My colleagues must also understand that the plight of breast cancer
is not an equitable one. Black women are more likely to die of breast
cancer. In my home state of Wisconsin, black women with breast cancer
have a mortality rate of 56 percent, far outpacing the death rate for
white women according to the Wisconsin Department of Health Services.
While treatment for this disease has evolved drastically, access to a
conclusive, accurate, early, and expedient diagnosis remains
challenging.
Mammograms are a basic screening tool to help try and detect breast
cancer as soon as possible. However, for women with dense breasts,
mammograms alone may not be sufficient to help identify breast cancer
as dense breasts can make mammograms harder to accurately read. As a
result, women with dense breasts may be called back for additional
follow-up tests more frequently than others and dense breasts can also
put women at higher risk of being diagnosed with cancer within 12
months of a normal mammogram result.
According to the National Cancer Institute (NCI), nearly 50 percent
of women over 40 who get mammograms have dense breasts and live with an
increased chance of developing breast cancer, a risk that is separate
from the effect of dense breasts on the ability to read a mammogram.
For individuals with dense breasts for whom additional testing may be
needed to confirm breast cancer, even with insurance they may face
additional costs for these potentially life-saving diagnostic
screenings.
My amendment directs the GAO to examine current health policies at
the Departments of Defense and Veterans Affairs to ensure that those
with dense breasts can access additional cancer screenings without
facing burdensome financial barriers. Cumulatively, the Departments of
Defense and Veterans Affairs provide healthcare to over 18 million
American service members and veterans. My amendment would require GAO
to examine whether existing VA and DOD programs provide beneficiaries
with low-cost screenings and diagnostic tools needed to confirm breast
cancer, especially when standard mammograms are inconclusive or
ineffective. Additionally, GAO will be required to examine and provide
recommendations on how each agency can improve their policies to
address the unique challenges of identifying breast cancer in those
with dense breasts.
We must do all we can to ensure that our veterans and active-duty
personnel receive the highest quality care available. We can accomplish
this by evaluating current policies and developing new ones that
prioritize the health of those who serve or have served our country.
While there is no cure for this disease, we can certainly do more to
improve access to screening and treatment.
Additionally, I have offered an amendment that would require the
Secretary of Defense to ensure that TRICARE includes programs and
[[Page H6340]]
policies to promote universal education on healthy relationships and
intimate partner violence.
According to the Centers for Disease Control and Prevention (CDC),
around 1 in 4 women have experienced sexual violence, physical
violence, or stalking by an intimate partner during their lifetime.
Sadly, it can occur in every community, including our military
community, to both men and women regardless of age, economic status,
race, religion, ethnicity, sexual orientation, or other
characteristics.
The amendment would require TRICARE to provide guidance to healthcare
providers, health workers, and managed care entities to help educate
and to establish routine assessment and screenings for signs of
intimate partner violence.
I thank the Chairman for his support of my amendments.
Mr. LYNCH. Madam Speaker, I rise in support of en bloc amendment
number two to H.R. 7900, the National Defense Authorization Act for
Fiscal Year 2023, which includes three Lynch amendments that ill
strengthen our capacity to find our missing service members, increase
contracting transparency, and protect veterans from financial fraud.
Amendment No. 235 is a bipartisan amendment that will support the
mission of the Defense POW/MIA Accounting Agency (DPAA). I would like
to thank my Republican colleague Representative Don Bacon of Nebraska
for joining me in cosponsoring this important amendment that simply
clarifies DOD authority with regard to the resources it may use to
fulfill its mission. Currently, the DPAA may accept gifts such as
personal property, services, and funds to expand its capabilities and
bring more of our missing service members home, but not solicit them.
Under this amendment DPAA may seek out these additional resources as
well. We make a promise to every brave American that we send into
combat not to forget them, and we must do everything to ensure that the
agency tasked with finding them has access to all the means possible to
be able to do so.
Amendment No. 236 reauthorizes the Commission on Wartime Contracting
to conduct oversight of U.S. contracting and reconstruction efforts in
Afghanistan and other areas of contingency operations. This Commission
has a proven track record of helping reduce waste and fraud in overseas
operations contracting. A similar past commission, during its prior
iteration from 2008 to 2011, found between $31 billion and $60 billion
in U.S. taxpayer funds that were lost due to contract waste, fraud, and
abuse in Iraq and Afghanistan. At a time in which all Americans are
worried about the state of our economy, their family finances, and what
the future may hold, it is vital that we examine how our rebuilding and
contract funds were used, and how we can spend more effectively and
transparently in the future.
Finally, Madam Speaker, amendment No. 237 would require the Secretary
of Defense, in consultation with the Secretary of Veterans Affairs, to
establish an Interagency Task Force on Financial Fraud to identify,
prevent, and combat financial fraud targeting service members,
veterans, and military families. Service members, veterans, and their
families are nearly 40 percent more likely to lose money to scams and
fraud than the civilian population, and four out of five service
members and veterans report they have been targeted by scams directly
related to their military service or benefits. In total, service
members and veterans reported financial losses of $267 million
resulting from scams or fraud in 2021. Earlier today, I chaired a
hearing in the National Security Subcommittee that examined this very
issue. This task force is a necessary first step to understand what
makes our military, veterans and their families so vulnerable, what can
be done to better protect them, and how we can help make whole those
who have been victimized.
I would like to once again extend my thanks to Armed Services
Committee Chairman Adam Smith, Ranking Member Mike Rogers, and their
staffs for including my amendments in this en bloc amendment and would
urge all my colleagues to support it.
The SPEAKER pro tempore. Pursuant to House Resolution Number 1124,
the previous question is ordered on the amendments en bloc, as
modified, offered by the gentleman from Washington (Mr. Smith).
The question is on the amendments en bloc, as modified.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. GOHMERT. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendments En Bloc No. 3 Offered by Mr. Smith of Washington
Mr. SMITH of Washington. Madam Speaker, pursuant to House Resolution
1224, I offer amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 3 consisting of amendment Nos. 279, 280, 281,
282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295,
296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309,
310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323,
324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337,
338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351,
352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365,
366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379,
380, 381, and 382, printed in part A of House Report 117-405, offered
by Mr. Smith of Washington:
Amendment No. 279 Offered by Mr. Pappas of New Hampshire
At the end of subtitle C of title V, insert the following:
SEC. 5__. RECORD OF MILITARY SERVICE FOR MEMBERS OF THE ARMED
FORCES.
(a) Standard Record of Service Required.--Chapter 59 of
title 10, United States Code, is amended by inserting after
section 1168 the following new sections:
``Sec. 1168a. Discharge or release: record of military
service
``(a) Record of Service Required.--(1) The Secretary of
Defense shall establish and implement a standard record of
military service for all members of the armed forces
(including the reserve components), regarding all duty under
this title, title 32, and title 14.
``(2) The record established under this section shall be
known as the `Certificate of Military Service'.
``(b) Nature and Scope.--A Certificate of Military Service
shall--
``(1) provide a standardized summary of the service, in any
Federal duty status or on State active duty, in the armed
forces of a member of the armed forces;
``(2) be the same document for all members of the armed
forces; and
``(3) serve as the discharge certificate or certificate of
release from active duty for purposes of section 1168 of this
title.
``(c) Coordination.--In carrying out this section, the
Secretary of Defense shall coordinate with other Federal
officers, including the Secretary of Veterans Affairs, to
ensure that a Certificate of Military Service serves as
acceptable proof of military service for receipt of benefits
under the laws administered by such Federal officers.''.
(b) Issuance to Members of Reserve Components.--Chapter 59
of such title, as amended by subsection (a), is further
amended by inserting after section 1168a the following new
section:
``Sec. 1168b. Record of military service: issuance to members
of reserve components
``An up-to-date record of military service under section
1168a of this title shall be issued to a member of a reserve
component as follows:
``(1) Upon permanent change to duty status (including
retirement, resignation, expiration of a term of service,
promotion or commissioning as an officer, or permanent
transfer to active duty).
``(2) Upon discharge or release from temporary active duty
orders (minimum of 90 days on orders or 30 days for a
contingency operation).
``(3) Upon promotion to each grade beginning with--
``(A) O-3 for commissioned officers;
``(B) W-3 for warrant officers; and
``(C) E-4 for enlisted members.
``(4) In the case of a member of the National Guard, upon
any transfer to the National Guard of another State or
territory (commonly referred to as an `Interstate
Transfer').''.
(c) Conforming Amendments Related to Current Discharge
Certificate Authorities.--
(1) In general.--Subsection (a) of section 1168 of title
10, United States Code, is amended--
(A) by striking ``his discharge certificate or certificate
of release from active duty, respectively, and his final
pay'' and inserting ``the member's record of military service
under section 1168a of this title, and the member's final
pay''; and
(B) by striking ``him or his'' and inserting ``the member
or the member's''.
(2) Heading amendment.--The heading of such section 1168 is
amended to read as follows:
``Sec. 1168. Discharge or release from active duty:
limitations; issuance of record of military service''.
(d) Clerical Amendment.--The table of sections at the
beginning of chapter 59 of such title is amended by striking
the item relating to section 1168 and inserting the following
new items:
``1168. Discharge or release from active duty: limitations; issuance of
record of military service.
``1168a. Discharge or release: record of military service.
``1168b. Record of military service: issuance to members of reserve
components.''.
[[Page H6341]]
Amendment No. 280 Offered by Mr. Pappas of New Hampshire
At the end of subtitle G of title V, insert the following:
SEC. 5__. GUIDELINES FOR ACTIVE DUTY MILITARY ON POTENTIAL
RISKS AND PREVENTION OF TOXIC EXPOSURES.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense and the Secretary of
Veterans Affairs, in consultation with the Secretary of
Health and Human Services and the Administrator of the
Environmental Protection Agency, shall jointly coordinate and
establish guidelines to be used during training of members of
the Armed Forces serving on active duty to provide the
members awareness of the potential risks of toxic exposures
and ways to prevent being exposed during combat.
Amendment No. 281 Offered by Mr. Pappas of New Hampshire
At the end of subtitle C of title VII, add the following:
SEC. 746. STUDY AND REPORT ON RATE OF CANCER-RELATED
MORBIDITY AND MORTALITY.
(a) In General.--The Secretary of Defense shall conduct, or
enter into a contract with an appropriate federally funded
research and development center to conduct, a study to assess
whether individuals (including individuals on active duty or
in a reserve component or the National Guard) assigned to the
Pease Air Force Base and Pease Air National Guard Base for a
significant period of time during the period of 1970 through
2020 experience a higher-than-expected rate of cancer-related
morbidity and mortality as a result of time on base or
exposures associated with time on base compared to the rate
of cancer-related morbidity and mortality of the general
population of the United States, accounting for differences
in sex, age, and race.
(b) Completion; Report.--Not later than 1 year after the
date of enactment of this Act, the Secretary of Defense shall
provide for--
(1) the completion of the study under subsection (a); and
(2) the submission of a report on the results of the study
to the Committees on Armed Services of the Senate and House
of Representatives.
(c) Definition.--In this section, the term ``significant
period of time'' shall be defined by the Secretary of Defense
or by the entity conducting the study under subsection (a),
as the Secretary determines appropriate.
Amendment No. 282 Offered by Mr. Peters of California
At the appropriate place subtitle H of title XXVIII, insert
the following new section:
SEC. 28__ INCLUSION OF CLIMATE RESILIENCE SERVICES IN THE
COMBATANT COMMANDER INITIATIVE FUND.
Section 166a(b) of title 10, United States Code, is amended
by adding at the end the following new paragraphs:
``(11) Climate resilience of military installations and
essential civilian infrastructure.
``(12) Military support to civilian and military
authorities to combat illegal wildlife trafficking, illegal
timber trafficking, and illegal, unreported, or unregulated
fishing.''.
Amendment No. 283 Offered by Mr. Peters of California
At the end of subtitle G of title V, insert the following:
SEC. 5__. GAO REPORT ON USE OF TRANSITION PROGRAMS BY MEMBERS
OF SPECIAL OPERATIONS FORCES.
(a) Study.--The Comptroller General of the United States
shall review the use of DOD transition programs by members
assigned to special operations forces.
(b) Briefing.--Not later than one year after the date of
the enactment of this Act, the Comptroller General shall
provide to the Committees on Armed Services of the Senate and
House of Representatives a briefing on the preliminary
findings of such review.
(c) Report.--The Comptroller General shall submit to the
committees identified in paragraph (b) a report containing
the final results of such review on a date agreed to at the
time of the briefing. The GAO review shall include an
examination of the following:
(1) The extent to which members assigned to special
operations forces participate in DOD transition programs.
(2) What unique challenges such members face in make the
transition to civilian life and the extent to which existing
DOD transition programs address those challenges.
(3) The extent to which the Secretary directs such members
to transition resources provided by non-governmental
entities.
(d) Definitions.--In this section:
(1) The term ``DOD transition programs'' means programs
(including TAP and Skillbridge) under laws administered by
the Secretary of Defense that help members of the Armed
Forces make the transition to civilian life.
(2) The term ``Skillbridge'' means an employment skills
training program under section 1143(e) of title 10, United
States Code
(3) The term ``special operations forces'' means the forces
described in section 167(j) of title 10, United States Code.
(4) The term ``TAP'' means the Transition Assistance
Program under sections 1142 and 1144 of title 10, United
States Code.
Amendment No. 284 Offered by Mr. Pfluger of Texas
At the end of title LI, insert the following new section:
SEC. 51__. STUDY ON INCIDENCE AND MORTALITY OF CANCER AMONG
FORMER AIRCREW OF THE NAVY, AIR FORCE, AND
MARINE CORPS.
(a) Study.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall seek to enter into an agreement with the National
Academies of Sciences, Engineering, and Medicine under which
the National Academies shall conduct a study of the incidence
and mortality of cancers among covered individuals.
(b) Matters Included.--The study under subsection (a) shall
include the following:
(1) Identification of chemicals, compounds, agents, and
other phenomena that cause elevated cancer incidence and
mortality risks among covered individuals, including a nexus
study design to determine whether there is a scientifically
established causal link between such a chemical, compound,
agent, or other phenomena and such cancer incidence or
mortality risk.
(2) An assessment of not fewer than 10 types of cancer that
are of the greatest concern with respect to exposure by
covered individuals to the chemicals, compounds, agents, and
other phenomena identified under paragraph (1), which may
include colon and rectum cancers, pancreatic cancer, melanoma
skin cancer, prostate cancer, testis cancer, urinary bladder
cancer, kidney cancer, brain cancer, thyroid cancer, lung
cancer, and non-Hodgkin lymphoma.
(3) A review of all available sources of relevant data,
including health care databases of the Department of Veterans
Affairs and the Department of Defense and the national death
index, and the study conducted under section 750 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat.
3716).
(c) Submission.--
(1) Study.--Upon completion of the study under subsection
(a), the National Academies shall submit to the Secretary of
Veterans Affairs, the Secretary of Defense, the Secretary of
the Navy, the Secretary of the Air Force, and the Committees
on Veterans' Affairs of the House of Representatives and the
Senate the study.
(2) Report.--Not later than December 31, 2025, the
Secretary of Veterans Affairs shall submit to the Committees
on Veterans' Affairs of the House of Representatives and the
Senate a report on the study under subsection (a),
including--
(A) the specific actions the Secretary is taking to ensure
that the study informs the evaluation of disability claims
made to the Secretary, including with respect to providing
guidance to claims examiners and revising the schedule of
ratings for disabilities under chapter 11 of title 38, United
States Code; and
(B) any recommendations of the Secretary.
(3) Form.--The report under paragraph (2) shall be
submitted in unclassified form.
(d) Covered Individual Defined.--In this section, the term
``covered individual'' means an individual who served in the
regular or reserve components of the Navy, Air Force, or
Marine Corps, as an air crew member of a fixed-wing aircraft
or personnel supporting generation of the aircraft, including
pilots, navigators, weapons systems operators, aircraft
system operators, personnel associated with aircraft
maintenance, supply, logistics, fuels, or transportation, and
any other crew member who regularly flew in an aircraft or
was required to complete the mission of the aircraft.
Amendment No. 285 Offered by Mr. Pfluger of Texas
At the appropriate place in subtitle E of title XII, insert
the following:
SEC. __. BALTIC REASSURANCE ACT.
(a) Findings.--Congress finds the following:
(1) The Russian Federation seeks to diminish the North
Atlantic Treaty Organization (NATO) and recreate its sphere
of influence in Europe using coercion, intimidation, and
outright aggression.
(2) Deterring the Russian Federation from such aggression
is vital for transatlantic security.
(3) The illegal occupation of Crimea by the Russian
Federation and its continued engagement of destabilizing and
subversive activities against independent and free states is
of increasing concern.
(4) The Russian Federation also continues to disregard
treaties, international laws and rights to freedom of
navigation, territorial integrity, and sovereign
international borders.
(5) The Russian Federation's continued occupation of
Georgian and Ukrainian territories and the sustained military
buildup in the Russian Federation's Western Military District
and Kaliningrad has threatened continental peace and
stability.
(6) The Baltic countries of Estonia, Latvia, and Lithuania
are particularly vulnerable to an increasingly aggressive and
subversive Russian Federation.
(7) In a declaration to celebrate 100 years of independence
of Estonia, Latvia, and Lithuania issued on April 3, 2018,
the Trump Administration reaffirmed United States commitments
to these Baltic countries to ``improve military readiness and
capabilities through sustained security assistance'' and
``explore new ideas and opportunities, including air defense,
bilaterally and in NATO, to enhance deterrence across the
region''.
(8) These highly valued NATO allies of the United States
have repeatedly demonstrated their commitment to advancing
mutual interests as well as those of the NATO alliance.
[[Page H6342]]
(9) The Baltic countries also continue to participate in
United States-led exercises to further promote coordination,
cooperation, and interoperability among allies and partner
countries, and continue to demonstrate their reliability and
commitment to provide for their own defense.
(10) Lithuania, Latvia, and Estonia each hosts a respected
NATO Center of Excellence that provides expertise to educate
and promote NATO allies and partners in areas of vital
interest to the alliance.
(11) United States support and commitment to allies across
Europe has been a lynchpin for peace and security on the
continent for over 70 years.
(b) Sense of Congress.--It is the sense of Congress as
follows:
(1) The United States is committed to the security of the
Baltic countries and should strengthen cooperation and
support capacity-building initiatives aimed at improving the
defense and security of such countries.
(2) The United States should lead a multilateral effort to
develop a strategy to deepen joint capabilities with
Lithuania, Latvia, Estonia, NATO allies, and other regional
partners, to deter against aggression from the Russian
Federation in the Baltic region, specifically in areas that
would strengthen interoperability, joint capabilities, and
military readiness necessary for Baltic countries to
strengthen their national resilience.
(3) The United States should explore the feasibility of
providing long range, mobile air defense systems in the
Baltic region, including through leveraging cost-sharing
mechanisms and multilateral deployment with NATO allies to
reduce financial burdens on host countries.
(c) Defense Assessment.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense shall, in
consultation with appropriate counterparts of Lithuania,
Latvia, Estonia, North Atlantic Treaty Organization (NATO)
allies, and other regional partners, conduct a comprehensive,
multilateral assessment of the military requirements of such
countries to deter and resist aggression by the Russian
Federation that--
(A) provides an assessment of past and current initiatives
to improve the efficiency, effectiveness, readiness, and
interoperability of Lithuania, Latvia, and Estonia's national
defense capabilities; and
(B) assesses the manner in which to meet those objectives,
including future resource requirements and recommendations,
by undertaking activities in the following areas:
(i) Activities to increase the rotational and forward
presence, improve the capabilities, and enhance the posture
and response readiness of the United States or forces of NATO
in the Baltic region.
(ii) Activities to improve air defense systems, including
modern air-surveillance capabilities.
(iii) Activities to improve counter-unmanned aerial system
capabilities.
(iv) Activities to improve command and control capabilities
through increasing communications, technology, and
intelligence capacity and coordination, including secure and
hardened communications.
(v) Activities to improve intelligence, surveillance, and
reconnaissance capabilities.
(vi) Activities to enhance maritime domain awareness.
(vii) Activities to improve military and defense
infrastructure, logistics, and access, particularly transport
of military supplies and equipment.
(viii) Investments to ammunition stocks and storage.
(ix) Activities and training to enhance cyber security and
electronic warfare capabilities.
(x) Bilateral and multilateral training and exercises.
(xi) New and existing cost-sharing mechanisms with United
States and NATO allies to reduce financial burden.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report that
includes each of the following:
(A) A report on the findings of the assessment conducted
pursuant to subsection (a).
(B) A list of any recommendations resulting from such
assessment.
(C) An assessment of the resource requirements to achieve
the objectives described in subsection (a)(1) with respect to
the national defense capability of Baltic countries,
including potential investments by host countries.
(D) A plan for the United States to use appropriate
security cooperation authorities or other authorities to--
(i) facilitate relevant recommendations included in the
list described in paragraph (2);
(ii) expand joint training between the Armed Forces and the
military of Lithuania, Latvia, or Estonia, including with the
participation of other NATO allies; and
(iii) support United States foreign military sales and
other equipment transfers to Baltic countries especially for
the activities described in subparagraphs (A) through (I) of
subsection (a)(2).
(d) Congressional Defense Committees Defined.--For purposes
of this section, the term ``congressional defense
committees'' includes--
(1) the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Foreign Relations of the Senate.
Amendment No. 286 Offered by Mr. Pfluger of Texas
Page 819, line 13, strike ``(25)'' and insert ``(26)''.
Page 819, after line 19, insert the following:
``(25) A detailed description of--
``(A) how Russian private military companies are being
utilized to advance the political, economic, and military
interests of the Russian Federation;
``(B) the direct or indirect threats Russian private
military companies present to United States security
interests;
``(C) how sanctions that are currently in place to impede
or deter Russian private military companies from continuing
their malign activities have impacted the Russian private
military companies' behavior; and
``(D) all foreign persons engaged significantly with
Russian private military companies.''.
Amendment No. 287 Offered by Mr. Phillips of Minnesota
At the end of subtitle C of title XIII, add the following:
SEC. 13_. GAO STUDY ON DEPARTMENT OF DEFENSE SUPPORT FOR
OTHER DEPARTMENTS AND AGENCIES OF THE UNITED
STATES GOVERNMENT THAT ADVANCE DEPARTMENT OF
DEFENSE SECURITY COOPERATION OBJECTIVES.
(a) In General.--The Comptroller General of the United
States shall conduct a study on the use and implementation of
the authority of section 385 of title 10, United States Code,
relating to Department of Defense support for other
departments and agencies of the United States Government that
advance Department of Defense security cooperation
objectives.
(b) Matters to Be Included.--The study required by
subsection (a) shall include the following:
(1) A review of the use and implementation of the authority
of section 385 of title 10, United States Code, and
congressional intent of such authority.
(2) An identification of the number of times such authority
has been used.
(3) An identification of the challenges associated with the
use of such authority.
(4) A description of reasons for lack of the use of such
authority, if any.
(5) An identification of potential legislative actions for
Congress to address with respect to such authority.
(6) An identification of potential executive actions for
the Department of Defense to address with respect to such
authority.
(c) Report.--
(1) In general.--The Comptroller General shall submit to
the appropriate congressional committees a report that
contains the results of the study required by subsection (a).
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) congressional defense committees; and
(B) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
Amendment No. 288 Offered by Mr. Phillips of Minnesota
At the end of title LVIII, add the following:
SEC. 58_. GAO STUDY ON FOREIGN SERVICE INSTITUTE'S SCHOOL OF
LANGUAGE STUDIES.
(a) In General.--The Comptroller General of the United
States shall conduct a study on whether the Foreign Service
Institute's School of Language Studies curriculum and
instruction effectively prepares United States Government
employees to advance United States diplomatic and national
security priorities abroad.
(b) Matters to Be Included.--The report required by
subsection (a) shall include--
(1) an analysis of the teaching methods used at the Foreign
Service Institute's School of Language Studies;
(2) a comparative analysis on the benefits of language
proficiency compared to practical job oriented language
learning;
(3) an analysis of whether the testing regiment at the
School of Language Studies is an effective measure of ability
to communicate and carry out an employee's duties abroad; and
(4) an analysis of qualifications for training specialists
and language and culture instructors at the School of
Language Studies.
Amendment No. 289 Offered by Mr. Phillips of Minnesota
At the end of subtitle B of title VII, insert the following
new section:
SEC. 7__. ACCESS TO CERTAIN DEPENDENT MEDICAL RECORDS BY
REMARRIED FORMER SPOUSES.
(a) Access.--The Secretary of Defense may authorize a
remarried former spouse who is a custodial parent of a
dependent child to retain electronic access to the privileged
medical records of such dependent child, notwithstanding that
the former spouse is no longer a dependent under section
1072(2) of title 10, United States Code.
(b) Definitions.--In this section:
(1) The term ``dependent'' has the meaning given that term
in section 1072 of title 10, United States Code.
(2) The term ``dependent child'' means a dependent child of
a remarried former spouse and a member or former member of a
uniformed service.
(3) The term ``remarried former spouse'' means a remarried
former spouse of a member or former member of a uniformed
service.
[[Page H6343]]
Amendment No. 290 Offered by Ms. Plaskett of the Virgin Islands
At the end of subtitle F of title X, insert the following:
SEC. 10__. REPORT ON DEPARTMENT OF DEFENSE MILITARY
CAPABILITIES IN THE CARIBBEAN.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State and the Secretary of
Homeland Security, shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
on United States military capabilities in the Caribbean
basin, particularly in and around Puerto Rico and the United
States Virgin Islands.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the value, feasibility, and cost of
increasing United States military capabilities in the
Caribbean basin, particularly in and around Puerto Rico and
the United States Virgin Islands, to--
(A) combat transnational criminal organizations and illicit
narcotics and weapons trafficking in the Caribbean basin,
particularly in and around Puerto Rico and the United States
Virgin Islands;
(B) improve surveillance capabilities and maximize the
effectiveness of counter-trafficking operations in the
Caribbean region;
(C) ensure, to the greatest extent possible, that United
States Northern Command and United States Southern Command
have the necessary assets to support and increase measures to
detect, interdict, disrupt, or curtail illicit narcotics and
weapons trafficking activities within their respective areas
of operations in the Caribbean basin;
(D) respond to malign influences of foreign governments,
particularly including non-market economies, in the Caribbean
basin that harm United States national security and regional
security interests in the Caribbean basin and in the Western
Hemisphere;
(E) increase supply chain resiliency and near-shoring in
global trade; and
(F) strengthen the ability of the security sector to
respond to, and become more resilient in the face of, major
disasters, including to ensure critical infrastructure and
ports can come back online rapidly following disasters.
(2) An assessment of United States military force posture
in the Caribbean basin, particularly in and around Puerto
Rico and the United States Virgin Islands, and relevant
locations in the Caribbean basin.
(c) Form of Report.--The report required under subsection
(a) shall be submitted in unclassified form without any
designation relating to dissemination control, but may
include a classified annex.
Amendment No. 291 Offered by Ms. Porter of California
At the end of subtitle B of title XXVIII insert the
following:
SEC. 28__. SCREENING AND REGISTRY OF INDIVIDUALS WITH HEALTH
CONDITIONS RESULTING FROM UNSAFE HOUSING UNITS.
(a) In General.--Subchapter V of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2895. Screening and registry of individuals with
health conditions resulting from unsafe housing units
``(a) Screening.--
``(1) In general.--The Secretary of Defense, in
consultation with appropriate scientific agencies as
determined by the Secretary, shall ensure that all military
medical treatment facilities screen eligible individuals for
covered conditions.
``(2) Establishment of procedures.--The Secretary may
establish procedures through which screening under paragraph
(1) may allow an eligible individual to be included in the
registry under subsection (b).
``(b) Registry.--
``(1) In general.--The Secretary of Defense shall establish
and maintain a registry of eligible individuals who have a
covered condition.
``(2) Inclusion of information.--The Secretary shall
include any information in the registry under paragraph (1)
that the Secretary determines necessary to ascertain and
monitor the health of eligible individuals and the connection
between the health of such individuals and an unsafe housing
unit.
``(3) Public information campaign.--The Secretary shall
develop a public information campaign to inform eligible
individuals about the registry under paragraph (1), including
how to register and the benefits of registering.
``(c) Definitions.--In this section:
``(1) The term `covered condition' means a medical
condition that is determined by the Secretary of Defense to
have resulted from residing in an unsafe housing unit.
``(2) The term `eligible individual' means a member of the
armed forces or a family member of a member of the armed
forces who has resided in an unsafe housing unit.
``(3) The term `unsafe housing unit' means a dwelling unit
that--
``(A) does not meet the housing quality standards
established under section 8(o)(8)(B) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(8)(B)); or
``(B) is not free from dangerous air pollution levels from
mold.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2894a the following new item:
``2895. Screening and registry of individuals with health conditions
resulting from unsafe housing units.''.
Amendment No. 292 Offered by Ms. Porter of California
At the end of subtitle B of title XXVIII insert the
following:
SEC. 28__. MANDATORY DISCLOSURE OF PRESENCE OF MOLD AND
HEALTH EFFECTS OF MYCOTOXINS BEFORE A LEASE IS
SIGNED FOR PRIVATIZED MILITARY HOUSING.
(a) In General.--Subchapter V of chapter 169 of title 10,
United States Code, is amended by inserting after section
2890 the following new section:
``Sec. 2890a. Disclosure of presence of mold and health
effects of mycotoxins
``The Secretary of Defense shall require that each
landlord, before signing a lease with a prospective tenant
for a housing unit, disclose to such prospective tenant--
``(1) whether there is any mold present in the housing unit
at levels that could cause harmful impacts on human health;
and
``(2) information regarding the health effects of
mycotoxins.''.
(b) Clerical Amendment.--The table of sections for such
subchapter is amended by inserting after the item relating to
section 2890 the following new item:
``2890a. Disclosure of presence of mold and health effects of
mycotoxins.''.
Amendment No. 293 Offered by Ms. Porter of California
At the end of subtitle B of title XXVIII insert the
following:
SEC. __. MODIFICATION OF PROHIBITION ON OWNERSHIP OR TRADING
OF STOCKS IN CERTAIN COMPANIES BY CERTAIN
OFFICIALS OF THE DEPARTMENT OF DEFENSE.
Section 988(a) of title 10, United States Code, is amended
by striking ``if that company is one of the 10 entities
awarded the most amount of contract funds by the Department
of Defense in a fiscal year during the five preceding fiscal
years'' and inserting ``if, during the preceding calendar
year, the company received more than $1,000,000,000 in
revenue from the Department of Defense, including through 1
or more contracts with the Department''.
Amendment No. 294 Offered by Mrs. Radewagen of American Samoa
Page 833, after line 5, insert the following:
(3) By redesignating paragraph (14) as paragraph (15).
(4) By inserting after paragraph (13) the following:
``(14) An analysis of the activities of the People's
Republic of China in the Pacific Islands region.''.
Amendment No. 295 Offered by Mr. Raskin of Maryland
At the end of subtitle B of title II, add the following new
section:
SEC. 2__. REQUIREMENT FOR SEPARATE PROGRAM ELEMENT FOR THE
MULTI-MEDICINE MANUFACTURING PLATFORM PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Congress has maintained a strong interest in critical
materials subject to significant supply chain disruptions,
particularly those for which the predominant supply sources
are potential adversaries;
(2) as a result, Congress wishes to increase transparency
regarding funding and progress of the multi-medicine
manufacturing platform program of the Office of Naval
Research; and
(3) that program's unique manufacturing platform will
ensure that members of the armed forces have access to
essential medicines, particularly for those deployed, whether
on land or at sea.
(b) Program Element Required.--In the materials submitted
by the Secretary of the Navy in support of the budget of the
President for fiscal year 2025 and each fiscal year
thereafter (as submitted to Congress pursuant to section 1105
of title 31, United States Code), the Secretary shall include
a separate program element for the multi-medicine
manufacturing platform program under the accounts of the
Office of Naval Research.
Amendment No. 296 Offered by Mr. Reschenthaler of Pennsylvania
At the end of subtitle C of title I, add the following new
section:
SEC. 1__. PROCUREMENT AUTHORITY FOR COMMERCIAL ENGINEERING
SOFTWARE.
(a) Procurement Authority.--The Secretary of the Air Force
may enter into one or more contracts for the procurement of
commercial engineering software to meet the digital
transformation goals and objectives of the Department of the
Air Force.
(b) Inclusion of Program Element in Budget Materials.--In
the materials submitted by the Secretary of the Air Force in
support of the budget of the President for fiscal year 2024
(as submitted to Congress pursuant to section 1105 of title
31, United States Code), the Secretary shall include a
program element dedicated to the procurement and management
of the commercial engineering software described in
subsection (a).
(c) Review.--In carrying out subsection (a), the Secretary
of the Air Force shall--
(1) review the commercial physics-based simulation
marketspace; and
[[Page H6344]]
(2) conduct research on providers of commercial software
capabilities that have the potential to expedite the progress
of digital engineering initiatives across the weapon system
enterprise, with a particular focus on capabilities that have
the potential to generate significant life-cycle cost
savings, streamline and accelerate weapon system acquisition,
and provide data-driven approaches to inform investments by
the Department of the Air Force.
(d) Report.--Not later than March 1, 2023, the Secretary of
the Air Force shall submit to the congressional defense
committees a report that includes--
(1) an analysis of specific physics-based simulation
capability manufacturers that deliver high mission impact
with broad reach into the weapon system enterprise of the
Department of the Air Force; and
(2) a prioritized list of programs and offices of the
Department of the Air Force that could better utilize
commercial physics-based modeling and simulation and
opportunities for the implementation of such modeling and
simulation capabilities within the Department.
Amendment No. 297 Offered by Mr. Reschenthaler of Pennsylvania
At the end of subtitle I of title V, insert the following:
SEC. 5__. INCLUSION OF PURPLE HEART AWARDS ON MILITARY VALOR
WEBSITE.
The Secretary of Defense shall ensure that the publicly
accessible internet website of the Department of Defense that
lists individuals who have been awarded certain military
awards includes a list of each individual who meets each of
the following criteria:
(1) The individual is awarded the Purple Heart for
qualifying actions that occur after the date of the enactment
of this Act.
(2) The individual elects to be included on such list (or,
if the individual is deceased, the primary next of kin elects
the individual to be included on such list).
(3) The public release of the individual's name does not
constitute a security risk, as determined by the Secretary of
the military department concerned.
Amendment No. 298 Offered by Mr. Reschenthaler of Pennsylvania
At the end of subtitle C of title I, add the following new
section:
SEC. 1__. SENSE OF CONGRESS REGARDING UNITED STATES AIR
NATIONAL GUARD REFUELING MISSION.
It is the sense of Congress that--
(1) the refueling mission of the reserve components of the
Air Force is essential to ensuring the national security of
the United States and our allies;
(2) this mission provides for aerial aircraft refueling
essential to extending the range of aircraft, which is a
critical capability when facing the current threats abroad;
and
(3) the Air Force should ensure any plan to retire KC-135
aircraft includes equal replacement with KC-46A aircraft.
amendment no. 299 offered by mr. reschenthaler of pennsylvania
At the end of subtitle D of title XVI, add the following:
SEC. __. REPORT ON GUN LAUNCHED INTERCEPTOR TECHNOLOGIES.
Not later than March 31, 2023, the Secretary of Defense,
acting through the Commanding General of the Army Space and
Missile Defense Command, shall submit to the congressional
defense committees a report containing--
(1) an assessment of the need for gun launched interceptor
technologies; and
(2) a funding profile, by year, of the total cost of
integrating and testing such technologies that are under
development.
amendment no. 300 offered by mr. reschenthaler of pennsylvania
At the end of subtitle D of title XVI, add the following:
SEC. __. REPORT ON RADIATION HARDENED, THERMALLY INSENSITIVE
TELESCOPES FOR SM-3 INTERCEPTOR.
Not later than March 31, 2023, the Secretary of Defense,
acting through the Director of the Missile Defense Agency,
shall submit to the congressional defense committees a report
containing--
(1) an assessment of the requirement to develop radiation
hardened, thermally insensitive sensors for missile defense;
and
(2) a funding profile, by year, of the total cost of
integrating and testing such sensors that are under
development.
amendment no. 301 offered by mr. reschenthaler of pennsylvania
At the end of subtitle C of title II, add the following new
section:
SEC. 2__. SENSE OF CONGRESS ON THE ADDITIVE MANUFACTURING AND
MACHINE LEARNING INITIATIVE OF THE ARMY.
It is the sense of Congress that--
(1) the additive manufacturing and machine learning
initiative of the Army has the potential to accelerate the
ability to deploy additive manufacturing capabilities in
expeditionary settings and strengthen the United States
defense industrial supply chain; and
(2) Congress and the Department of Defense should continue
to support the additive manufacturing and machine learning
initiative of the Army.
amendment no. 302 offered by mr. reschenthaler of pennsylvania
At the end of subtitle C of title II, insert the following
new section:
SEC. 2__. FUNDING FOR ROBOTICS SUPPLY CHAIN RESEARCH.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for Research, Development, Test,
and Evaluation, Defense-Wide, as specified in the
corresponding funding table in section 4201, for Defense Wide
Manufacturing Science and Technology Program, Line 054, is
hereby increased by $15,000,000, for Robotics Supply Chain
Research.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for Army, as specified in the
corresponding funding table in section 4201, for Integrated
Personnel and Pay System Army, Line 123, is hereby reduced by
$15,000,000.
amendment no. 303 offered by mr. reschenthaler of pennsylvania
At the end of subtitle C of title II, insert the following
new section:
SEC. 2__. FUNDING FOR ENTERPRISE DIGITAL TRANSFORMATION WITH
COMMERCIAL PHYSICS SIMULATION.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for Research, Development, Test,
and Evaluation, Air Force, as specified in the corresponding
funding table in section 4201, for the Department of the Air
Force Tech Architecture, Line 040, is hereby increased by
$9,000,000, for Enterprise Digital Transformation with
Commercial Physics Simulation.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for Research, Development, Test,
and Evaluation, Air Force, as specified in the corresponding
funding table in section 4201, for Stand-In Attack Weapon,
Line 096, is hereby reduced by $9,000,000.
amendment no. 304 offered by mr. rouzer of north carolina
At the end of subtitle B of title III, insert the
following:
SEC. 3__. REPORT ON DEPARTMENT OF DEFENSE FLOOD MAPPING
EFFORTS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the flood
mapping efforts of the Department of Defense. Such report
shall address--
(1) how frequently the Department updates such flood maps;
(2) the resources used to undertake flood mapping projects;
and
(3) whether, and if so, how, such maps are incorporated
into broader flood maps of the Federal Emergency Management
Agency.
amendment no. 305 offered by mr. ryan of ohio
At the end of subtitle C of title VII, insert the following
new section:
SEC. 7__. GAO STUDY ON ACCESS TO EXCEPTIONAL FAMILY MEMBER
PROGRAM AND EXTENDED CARE HEALTH OPTION PROGRAM
BY MEMBERS OF RESERVE COMPONENTS.
(a) Study and Report.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall--
(1) conduct a study to determine the barriers to members of
the reserve components accessing the Extended Care Health
Option program and the Exceptional Family Member program of
the Department of Defense; and
(2) submit to the Secretary of Defense and the
congressional defense committees a report containing the
findings of such study.
(b) Elements.--The report under subsection (a)(2) shall
include the following:
(1) A description of the methodology used by the Department
of Defense to disseminate information regarding the
eligibility of members of the reserve components for the
Extended Care Health Option program and the Exceptional
Family Member program upon such members commencing the
performance of Active Guard and Reserve duty.
(2) An identification of the timeline of the enrollment
process for members of the reserve components in such
programs and any effects of delayed enrollment, such as
exclusion from benefits or resources.
(3) An identification of impediments to enrollment in such
programs among such members, including an assessment of the
following:
(A) The availability of resources under such programs,
including specialist providers under the Exceptional Family
Member program, at the time of enrollment in such programs.
(B) The availability of support under such programs at
facilities of the reserve components.
(C) Any misinformation provided to service members seeking
enrollment.
(4) With respect to the Exceptional Family Member program--
(A) an identification of the number of families with a
family member eligible to enroll in such program,
disaggregated by whether the member of the reserve component
in such family is performing Active Guard and Reserve duty;
(B) an assessment of the effects of navigating the process
of enrollment in such program on the mission to which the
member is assigned while performing Active Guard and Reserve
duty; and
(C) an identification of the number of specialist providers
and staff who support reserve component members through such
program.
[[Page H6345]]
(5) Recommendations on improving the dissemination of
information regarding the eligibility of members of the
reserve components for the Extended Care Health Option
program and the Exceptional Family Member program.
(6) Recommendations on improvements to such programs with
respect to the reserve components.
(c) Active Guard and Reserve Defined.--The term ``Active
Guard and Reserve'' has the meaning given such term in
section 101(b) of title 10, United States Code.
amendment no. 306 offered by ms. salazar of florida
At the end of subtitle A of title XVI, add the following:
SEC. 1609. REPORT ON STRATOSPHERIC BALLOONS, AEROSTATS, OR
SATELLITE TECHNOLOGY CAPABLE OF RAPIDLY
DELIVERING WIRELESS INTERNET.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Air Force and the Secretary of
State, in consultation with the Chief of Space Operations,
shall provide a report to the Senate Foreign Relations
Committee, House Foreign Affairs Committee, Senate Armed
Services Committee and House Armed Services Committee that
identifies opportunities to deploy stratospheric balloons,
aerostats, or satellite technology capable of rapidly
delivering wireless internet anywhere on the planet from the
stratosphere or higher. The report shall identify commercial
as well as options developed by the Department of Defense.
Additionally, the report shall provide an assessment of the
military utility of such opportunities.
Amendment No. 307 Offered by Ms. Salazar of Florida
At the end of subtitle C of title X, insert the following:
SEC. 10__. CONGRESSIONAL NOTIFICATION REGARDING PENDING
RETIREMENT OF NAVAL VESSELS VIABLE 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) Report.--Not later than 90 days before the retirement
from the Naval Vessel Register of any naval vessel that is a
viable candidate for artificial reefing, the Secretary of the
Navy shall submit to the Committees on Armed Services of the
Senate and House of Representatives notice of the pending
retirement of such vessel.
Amendment No. 308 Offered by Mr. San Nicolas of Guam
At the end of title LII, insert the following:
SEC. 52__. ACCESS TO MILITARY INSTALLATIONS FOR HOMELAND
SECURITY INVESTIGATIONS PERSONNEL IN GUAM.
The commander of a military installation located in Guam
shall grant to an officer or employee of Homeland Security
Investigations the same access to such military installation
(including the use of an APO or FPO box) such commander
grants to an officer or employee of U.S. Customs and Border
Protection or of the Federal Bureau of Investigation.
Amendment No. 309 Offered by Mr. San Nicolas of Guam
At the end of subtitle B of title III, insert the
following:
SEC. 3__. BIANNUAL LEAK INSPECTIONS OF NAVY AND AIR FORCE
UNDERGROUND STORAGE TANKS ON GUAM.
(a) Navy.--The Secretary of the Navy shall ensure that
underground fuel storage tanks owned by the Navy and located
on Guam are checked for leaks at least once every six months.
(b) Air Force.--The Secretary of the Air Force shall ensure
that underground fuel storage tanks owned by the Air Force
and located on Guam are checked for leaks at least once every
six months.
Amendment No. 310 Offered by Ms. Sanchez of California
At the end of subtitle A of title XIII of division A, add
the following:
SEC. __. SENSE OF CONGRESS ON ENHANCING NATO EFFORTS TO
COUNTER MISINFORMATION AND DISINFORMATION.
It is the sense of Congress that the United States should--
(1) prioritize efforts to enhance the North Atlantic Treaty
Organization' (NATO's) capacity to counter misinformation and
disinformation;
(2) support an increase in NATO's human, financial, and
technological resources and capacity dedicated to understand,
respond to, and fight threats in the information space; and
(3) support building technological resilience to
misinformation and disinformation.
SEC. __. SENSE OF CONGRESS RELATING TO THE NATO PARLIAMENTARY
ASSEMBLY.
It is the sense of Congress that the United States should--
(1) proactively engage with the North Atlantic Treaty
Organization (NATO) Parliamentary Assembly (PA) and its
member delegations;
(2) communicate with and educate the public on the benefits
and importance of NATO and NATO PA; and
(3) support increased inter-democracy and inter-
parliamentary cooperation on countering misinformation and
disinformation.
Amendment No. 311 Offered by Ms. Sanchez of California
At the end of subtitle E of title XII, add the following:
SEC. 12_. REPORT ON EFFORTS OF NATO TO COUNTER MISINFORMATION
AND DISINFORMATION.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, shall submit to
the congressional committees specified in subsection (b) a
report on efforts of the North Atlantic Treaty Organization
(NATO) and NATO member states to counter misinformation and
disinformation.
(b) Congressional Committees Specified.--The congressional
committees specified in this subsection are the Committee on
Armed Services and the Committee on Foreign Affairs of the
House of Representatives and the Committee on Armed Services
and the Committee on Foreign Relations of the Senate.
(c) Elements.--The report required by subsection (a)
shall--
(1) assess--
(A) vulnerabilities of NATO member states and NATO to
misinformation and disinformation and describe efforts to
counter such activities;
(B) the capacity and efforts of NATO member states and NATO
to counter misinformation and disinformation, including
United States cooperation with other NATO members states; and
(C) misinformation and disinformation campaigns carried out
by authoritarian states, particularly Russia and China; and
(2) include recommendations to counter misinformation and
disinformation.
Amendment no. 312 Offered by Ms. Sanchez of California
At the appropriate place in subtitle E of title XII, insert
the following:
SEC. __. IMPROVEMENTS TO THE NATO STRATEGIC COMMUNICATIONS
CENTER OF EXCELLENCE.
(a) Prioritization.--The Secretary of Defense shall seek to
prioritize funding through NATO's common budget to--
(1) enhance the capability, cooperation, and information
sharing among NATO, NATO member countries, and partners, with
respect to strategic communications and information
operations; and
(2) facilitate education, research and development, lessons
learned, and consultation in strategic communications and
information operations.
(b) Certification.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
certify to the appropriate congressional committees that the
Secretary has assigned executive agent responsibility for the
Center to an appropriate organization within the Department
of Defense, and detail the steps being under taken to
strengthen the role of Center in fostering strategic
communications and information operations within NATO.
(c) Report Required.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees a report outlining--
(1) the recommendations of the Secretary with respect to
improving strategic communications within NATO; and
(2) the recommendations of the Secretary with respect to
strengthening the role of the Center in fostering strategic
communications and information operations within NATO.
(d) Briefings Required.--The Secretary of Defense shall
brief the appropriate congressional committees on a biannual
basis on--
(1) the efforts of the Department of Defense to strengthen
the role of the Center in fostering strategic communications
and information operations within NATO;
(2) how the Department of Defense is working with the NATO
Strategic Communications Center of Excellence and the
interagency to improve NATO's ability to counter and mitigate
disinformation, active measures, propaganda, and denial and
deception activities of Russia and China; and
(3) how the Department of Defense is developing ways to
improve strategic communications within NATO, including by
enhancing the capacity of and coordination with the NATO
Strategic Communications Center of Excellence.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(2) The Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
Amendment No. 313 Offered by Mr. Schiff of California
At the end of title LI, insert the following:
SEC. 51__. FEASIBILITY STUDY ON INCLUSION ON THE VIETNAM
VETERANS MEMORIAL WALL OF THE NAMES OF THE LOST
CREW MEMBERS OF THE USS FRANK E. EVANS KILLED
ON JUNE 3, 1969.
(a) In General.--The Secretary of Defense shall conduct a
study to determine the feasibility of including on the
Vietnam Veterans Memorial Wall in the District of Columbia
the names of the 74 crew members of the USS Frank E. Evans in
service who were killed on June 3, 1969. Such study shall
include a determination of--
(1) the cost of including such names; and
[[Page H6346]]
(2) whether there is sufficient space on the Wall for the
inclusion of such names.
(b) Consultation.--In conducting the study required under
subsection, the Secretary shall consult with members of the
Frank E. Evans Association, as well as survivors and family
members of the crew members who were killed.
Amendment No. 314 Offered by Mr. Schneider of Illinois
Add at the end of subtitle E of title VIII the following:
SEC. 8__. SENSE OF CONGRESS ON MODERNIZING DEFENSE SUPPLY
CHAIN MANAGEMENT.
(a) Findings.--Congress finds the following:
(1) The continued modernize Department of Defense supply
chain management using private sector best practices where
applicable is imperative to run effective domestic and
overseas operations, ensure timely maintenance, and sustain
military forces.
(2) Congress supports the continued development and
integration by the Secretary of Defense of advanced digital
supply chain management and capabilities. These capabilities
should include tools that digitize data flows in order to
transition from older, inefficient manual systems, modernize
warehouse operations of the Department of Defense to use
digitized data management and inventory control, and maximize
cybersecurity protection of logistics processes.
(b) Sense of Congress.--It is the sense of Congress that,
to meet the unique needs of the Department of Defense
regarding continuity of supply chain management in both
garrison and deployed or austere environments, the Department
must prioritize digital supply chain management solutions
that use durable devices and technologies designed to operate
in remote regions with limited network connectivity.
Amendment No. 315 Offered by Ms. Schrier of Washington
At the end of subtitle G of title V, insert the following:
SEC. 5__. GAO REPORT ON SCREENINGS INCLUDED IN THE HEALTH
ASSESSMENT FOR MEMBERS SEPARATING FROM THE
ARMED FORCES.
Not later than 180 days 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 Senate and
House of Representatives a report on screenings included in
the health assessment administered to members separating from
the the Armed Forces. Such report shall include the following
elements:
(1) A list of screenings are included in such assessment.
(2) Whether such screenings--
(A) are uniform across the Armed Forces;
(B) include questions to assess if the member is at risk
for social isolation, homelessness, or substance abuse; and
(C) include questions about community.
(3) How many such screenings result in referral of a member
to--
(A) community services;
(B) community services other than medical services; and
(C) a veterans service organization.
(4) An assessment of the effectiveness of referrals
described in paragraph (3).
(5) How organizations, including veterans service
organizations, perform outreach to members in underserved
communities.
(6) The extent to which organizations described in
paragraph (5) perform such outreach.
(7) The effectiveness of outreach described in paragraph
(6).
(8) The annual amount of Federal funding for services and
organizations described in paragraphs (3) and (5).
Amendment No. 316 Offered by Ms. Schrier of Washington
At the end of subtitle H of title V, insert the following:
SEC. 5__. PUBLIC REPORTING ON CERTAIN MILITARY CHILD CARE
PROGRAMS.
Not later than September 30, 2023, and each calendar
quarter thereafter, the Secretary of Defense shall post, on a
publicly accessible website of the Department of Defense,
information regarding the Military Child Care in Your
Neighborhood and Military Child Care in Your Neighborhood-
Plus programs. Such information shall include the following
elements, disaggregated by State, ZIP code, month, and Armed
Force:
(1) The number of children, military families, and child
care providers who benefit from each program.
(2) Whether such providers are nationally accredited or
rated by the Quality Rating and Improvement System of the
State.
(3) The amounts of subsidy paid.
Amendment No. 317 Offered by Mr. Austin Scott of Georgia
At the appropriate place in subtitle E of title XII, insert
the following:
SEC. __. SENSE OF CONGRESS ON ENHANCING STRATEGIC
PARTNERSHIP, DEFENSE AND SECURITY COOPERATION
WITH GEORGIA.
(a) Findings.--Congress finds the following:
(1) Georgia is a valued friend and strategic partner of the
United States and a NATO aspirant that has consistently
sought to advance shared values and mutual interests to
include deploying alongside United States forces in Iraq and
Afghanistan.
(2) Over the past 30 years of partnership, the United
States has contributed to strengthening Georgia's progress on
the path of European and Euro-Atlantic integration.
(3) Security in the Black Sea region is a matter of
strategic importance for the United States, especially amid
Russia's unprovoked and unjustified war on Ukraine. Enhancing
Georgia's self-defense and whole-of-government resistance and
resilience capacity is critical for Euro-Atlantic security,
the United States's national security objectives and
strategic interests in the Black Sea region.
(4) Georgia is a significant economic, energy transit, and
international trade hub. Georgia is an integral part of the
East-West corridor that is vital to European energy security
and diversification of strategic supply-chain routes for the
United States and Europe.
(5) Continuous illegal occupation of two Georgian regions
by Russia, its accelerated attempts of de-facto annexation of
both regions and hybrid warfare tactics including political
interference, cyber-attacks, and disinformation and
propaganda campaigns pose immediate challenges to the
national security of Georgia and the security of Europe.
(b) Sense of Congress.--It is the sense of Congress that
the United States should--
(1) reaffirm support and take steps to enhance and deepen
the steadfast strategic partnership in all priority areas of
the 2009 United States--Georgia Charter on Strategic
Partnership and in line with the 2016 Memorandum of
Understanding on Deepening the Defense and Security
Partnership between the United States and Georgia;
(2) continue firm support to Georgia's sovereignty and
territorial integrity within its internationally recognized
borders;
(3) intensify efforts towards de-occupation of Georgia's
territories and peaceful resolution of Russia-Georgia
conflict, including through consolidation of decisive
international action to ensure full and unconditional
fulfilment by the Russian Federation of its international
obligations, inter alia implementation of the EU-mediated 12
August 2008 Ceasefire Agreement;
(4) continue strong support and meaningful participation in
the Geneva International Discussions for ensuring
implementation of the Ceasefire Agreement by the Russian
Federation and achieving lasting peace and security in
Georgia;
(5) continue working to strengthen press freedom,
democratic institutions, and the rule of law in Georgia in
order to help secure its path of Euro-Atlantic integration
and aspirant NATO and EU membership;
(6) prioritize and deepen defense and security cooperation
with Georgia, including the full implementation and potential
acceleration of the Georgia Defense and Deterrence
Enhancement Initiative, increased military financing of
Georgia's equipment modernization plans to enhance Georgia's
deterrence, territorial defense, whole-of-government
resistance and resilience capacity, and to foster readiness
and NATO interoperability;
(7) support existing and new cooperation formats to bolster
cooperation among NATO, Georgia and Black Sea regional
partners to enhance Black Sea security especially in the
changed security environment including increasing the
frequency, scale and scope of exercises such as NATO Article
5 exercises and assistance to Georgia's Defense Forces
modernization efforts;
(8) enhance assistance to Georgia in the cyber domain
through training, education, and technical assistance to
enable Georgia to prevent, mitigate and respond to cyber
threats; and
(9) continue support and assistance to Georgia in
countering Russian disinformation and propaganda campaigns
intended to undermine the sovereignty of Georgia, credibility
of its democratic institutions and European and Euro-Atlantic
integration.
Amendment No. 318 Offered by Mr. Austin Scott of Georgia
At the appropriate place in subtitle A of title XII, insert
the following:
SEC. __. REPEAL OF LIMITATION ON COSTS COVERED UNDER
HUMANITARIAN DEMINING ASSISTANCE.
Subsection (c)(3) of section 407 of title 10, United States
Code, is repealed.
Amendment No. 319 Offered by Mr. Austin Scott of Georgia
At the end of subtitle F of title X, insert the following:
SEC. 10__. ANNUAL REPORT ON UNFUNDED PRIORITIES OF DEFENSE
POW/MIA ACCOUNTING AGENCY.
Chapter 9 of title 10, United States Code, is amended by
inserting after section 222c the following new section:
``Sec. 222d. Unfunded priorities of Defense POW/MIA
Accounting Agency: annual report
``(a) Reports.--(a) Reports.-Not later than 10 days after
the date on which the budget of the President for a fiscal
year is submitted to Congress pursuant to section 1105 of
title 31, the Director of the Defense POW/MIA Accounting
Agency shall submit to the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff, and to the
congressional defense committees, a report on the unfunded
priorities of the Defense POW/MIA Accounting Agency.
``(b) Elements.--(1) Each report under subsection (a) shall
specify, for each unfunded priority covered by such report,
the following:
``(A) A summary description of such priority, including the
objectives to be achieved if such priority is funded (whether
in whole or in part).
[[Page H6347]]
``(B) The additional amount of funds recommended in
connection with the objectives under subparagraph (A).
``(C) Account information with respect to such priority,
including the following (as applicable):
``(i) Line Item Number (LIN) for applicable procurement
accounts.
``(ii) Program Element (PE) number for applicable research,
development, test, and evaluation accounts.
``(iii) Sub-activity group (SAG) for applicable operation
and maintenance accounts.
``(2) Each report under subsection (a) shall present the
unfunded priorities covered by such report in order of
urgency of priority.
``(c) Unfunded Priority Defined.-- In this section, the
term `unfunded priority', in the case of a fiscal year, means
a program, activity, or mission requirement of the POW/MIA
Accounting Agency that--
``(1) is not funded in the budget of the President for the
fiscal year as submitted to Congress pursuant to section 1105
of title 31, United States Code;
``(2) is necessary to fulfill a requirement associated with
an operational or contingency plan of a combatant command or
other validated requirement; and
``(3) would have been recommended for funding through the
budget referred to in paragraph (1) by the Director of the
POW/MIA Accounting Agency in connection with the budget if
additional resources had been available for the budget to
fund the program, activity, or mission requirement.''.
Amendment No. 320 Offered by Mr. Austin Scott of Georgia
At the appropriate place in subtitle A of title XII, insert
the following:
SEC. __. MODIFICATION TO FELLOWSHIP PROGRAM TO ADD TRAINING
RELATING TO URBAN WARFARE.
Section 345 of title 10, United States Code, is amended--
(1) in subsection (b)(1), by adding at the end the
following sentence: ``In addition to the areas of combating
terrorism and irregular warfare, the program should focus
training on urban warfare.''; and
(2) by adding at the end of subsection (d) the following
new paragraph:
``(6) A discussion of how the training from the previous
year incorporated lessons learned from ongoing conflicts.''.
Amendment No. 321 Offered by Mr. Scott of Virginia
At the end of subtitle H of title XXVIII insert the
following:
SEC. 28__. INTERAGENCY REGIONAL COORDINATOR FOR RESILIENCE
PILOT PROJECT.
(a) Pilot Project.--The Secretary of Defense shall carry
out a pilot program under which the Secretary shall establish
within the Department of Defense four Interagency Regional
Coordinators. Each Interagency Regional Coordinator shall be
responsible for improving the resilience of a community that
supports a military installation and serving as a model for
enhancing community resilience before disaster strikes.
(b) Selection.--Each Interagency Regional Coordinator shall
support military installations and surrounding communities
within a geographic area, with at least one such Coordinator
serving each of the East, West, and Gulf coasts. For purposes
of the project, the Secretary shall select geographic areas--
(1) with significant sea level rise and recurrent flooding
that prevents members of the Armed Forces from reaching their
posts or jeopardizes military readiness; and
(2) where communities have collaborated on multi-
jurisdictional climate adaptation planning efforts, including
such collaboration with the Army Corps of Engineers Civil
Works Department and through Joint Land Use Studies.
(c) Collaboration.--In carrying out the pilot project, the
Secretary shall build on existing efforts through
collaboration with State and local entities, including
emergency management, transportation, planning, housing,
community development, natural resource managers, and
governing bodies and with the heads of appropriate Federal
departments and agencies.
Amendment No. 322 Offered by Mr. Scott of Virginia
At the appropriate place in subtitle J of title V, insert
the following new section:
SEC. 5__ REPORT ON EFFORTS TO PREVENT AND RESPOND TO DEATHS
BY SUICIDE IN THE NAVY.
(a) Review Required.--The Inspector General of the
Department of Defense shall conduct a review of the efforts
by the Secretary of the Navy to--
(1) prevent incidents of deaths by suicide, suicide
attempts, and suicidal ideation among covered members; and
(2) respond to such incidents.
(b) Elements of Review.--The study conducted under
subsection (a) shall include an assessment of each of the
following:
(1) The extent of data collected regarding incidents of
deaths by suicide, suicide attempts, and suicidal ideation
among covered members, including data regarding whether such
covered members are assigned to sea duty or shore duty at the
time of such incidents.
(2) The means used by commanders to prevent and respond to
incidents of deaths by suicide, suicide attempts, and
suicidal ideation among covered members.
(3) Challenges related to--
(A) the prevention of incidents of deaths by suicide,
suicide attempts, and suicidal ideation among members of the
Navy assigned to sea duty; and
(B) the development of a response to such incidents.
(4) The capacity of teams providing mental health services
to covered members to respond to incidents of suicidal
ideation or suicide attempts among covered members in the
respective unit each such team serves.
(5) The means used by such teams to respond to such
incidents, including the extent to which post-incident
programs are available to covered members.
(6) Such other matters as the Inspector General considers
appropriate in connection with the prevention of deaths by
suicide, suicide attempts, and suicidal ideation among
covered members.
(c) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Inspector General of
the Department of Defense shall submit to the congressional
defense committees a report that includes a summary of the
results of the review conducted under subsection (a).
(d) Covered Member Defined.--In this section the term
``covered member'' means a member of the Navy assigned to sea
duty or shore duty.
Amendment No. 323 Offered by Mr. Scott of Virginia
At the appropriate place in subtitle J of title V, insert
the following:
SEC. 5__ REPORT ON PROGRAMS THROUGH WHICH MEMBERS OF THE
ARMED FORCES MAY FILE ANONYMOUS CONCERNS.
(a) Review Required.--The Inspector General of the
Department of Defense shall conduct a review that shall
include an assessment of the extent to which the Secretary of
Defense and each Secretary of a military department have--
(1) issued policy and guidance concerning the
establishment, promotion, and management of an anonymous
concerns program;
(2) established safeguards in such policy and guidance to
ensure the anonymity of concerns or complaints filed through
an anonymous concerns program; and
(3) used an anonymous concerns program--
(A) for purposes that include services on a military
installation; and
(B) in settings that include--
(i) naval vessels;
(ii) military installations outside the continental United
States; and
(iii) remote locations.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Inspector General of
the Department of Defense shall submit to the congressional
defense committees a report that includes the findings of the
review conducted under subsection (a).
(c) Anonymous Concerns Program Defined.--In this section,
the term ``anonymous concerns program''--
(1) means a program that enables a member of the Armed
Force to anonymously submit a complaint or concern related to
topics that include--
(A) morale;
(B) quality of life;
(C) safety; or
(D) the availability of Department of Defense programs or
services to support members of the Armed Forces; and
(2) does not include an anonymous reporting mechanism
related to sexual harassment, sexual assault, anti-harassment
complaints, or military equal opportunity complaints.
Amendment No. 324 Offered by Ms. Sherrill of New Jersey
Add at the end of subtitle D of title VIII the following:
SEC. 8__. OTHER TRANSACTION AUTHORITY CLARIFICATION.
Section 4022 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``military personnel and the supporting''
and inserting ``personnel of the Department of Defense or
improving''; and
(B) by striking ``or materials in use'' and inserting
``materials, or installations in use''; and
(2) in subsection (e), by adding at the end the following
new paragraph:
``(3) The term `prototype project' means a project that
addresses--
``(A) a proof of concept, model, or process, including a
business process;
``(B) reverse engineering to address obsolescence;
``(C) a pilot or novel application of commercial
technologies for defense purposes;
``(D) agile development activity, creation, design,
development, or demonstration of operational utility; or
``(E) any combination of subparagraphs (A) through (D).''.
Amendment No. 325 Offered by Ms. Slotkin of Michigan
At the end of subtitle H of title III, insert the following
new section:
SEC. 3__. RECOGNITION OF SERVICE OF MILITARY WORKING DOGS.
Section 1125 of title 10, United States Code, is amended--
(1) by inserting ``(a) General Authority.--'' before ``The
Secretary of Defense''; and
(2) by adding at the end the following new subsection:
``(b) Recognition of Service of Military Working Dogs.--The
Secretary of Defense shall develop a decoration or other
appropriate recognition to recognize military
[[Page H6348]]
working dogs under the jurisdiction of the Secretary that are
killed in action or that perform an exceptionally meritorious
or courageous act in service to the United States.''.
Amendment No. 326 Offered by Mr. Smith of Washington
At the end of title XVII, insert the following:
SEC. 17__. UKRAINE CRITICAL MUNITIONS ACQUISITION FUND.
(a) Establishment.--There shall be established in the
Treasury of the United States a revolving fund to be known as
the ``Ukraine Critical Munitions Acquisition Fund'' (in this
section referred to as the ``Fund'').
(b) Purpose.--Subject to the availability of
appropriations, amounts in the Fund shall be made available
by the Secretary of Defense--
(1) to ensure that adequate stocks of critical munitions
are available for allies and partners of the United States
during the war in Ukraine; and
(2) to finance the acquisition of critical munitions in
advance of the transfer of such munitions to foreign
countries during the war in Ukraine.
(c) Additional Authority.--Subject to the availability of
appropriations, the Secretary may also use amounts made
available to the Fund--
(1) to keep on continuous order munitions that the
Secretary deems as critical due to a reduction in current
stocks as a result of the drawdown of stocks provided to the
government of Ukraine for transfer to Ukraine; or
(2) with the concurrence of the Secretary of State, to
procure munitions identified as having a high use rate during
the war in Ukraine.
(d) Deposits.--
(1) In general.--The Fund shall consist of each of the
following:
(A) Collections from sales made under letters of offer (or
transfers made under the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.)) of munitions acquired using amounts
made available from the Fund pursuant to this section,
representing the value of such items calculated, as
applicable, in accordance with--
(i) subparagraph (B) or (C) of section 21(a)(1) of the Arms
Export Control Act (22 U.S.C. 2761(a)(1);
(ii) section 22 of the Arms Export Control Act (22 U.S.C.
2762); or
(iii) section 644(m) of the Foreign Assistance Act of 1961
(22 U.S.C. 2403).
(B) Such amounts as may be appropriated pursuant to the
authorization under this section or otherwise made available
for the purposes of the Fund.
(C) Not more than $500,000,000 may be transferred to the
Fund for any fiscal year, in accordance with subsection (e),
from amounts authorized to be appropriated by this Act for
the Department in such amounts as the Secretary determines
necessary to carry out the purposes of this section, which
shall remain available until expended. The transfer authority
provided by this paragraph is in addition to any other
transfer authority available to the Secretary.
(2) Contributions from foreign governments.--
(A) In general.--Subject to subparagraph (B), the Secretary
of Defense may accept contributions of amounts to the Fund
from any foreign government or international organization.
Any amounts so accepted shall be credited to the Ukraine
Critical Munitions Acquisition Fund and shall be available
for use as authorized under subsection (b).
(B) Limitation.--The Secretary may not accept a
contribution under this paragraph if the acceptance of the
contribution would compromise, or appear to compromise, the
integrity of any program of the Department of Defense.
(C) Notification.--If the Secretary accepts any
contribution under this paragraph, the Secretary shall notify
the congressional defense committees, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign
Affairs of the House of Representatives. Such notice shall
specify the source and amount of any contribution so accepted
and the use of any amount so accepted.
(e) Notification.--
(1) In general.--No amount may be transferred pursuant to
subsection (d)(1)(C) until the date that is 15 days after the
date on which the Secretary provides to the congressional
defense committees, the Committee on Foreign Affairs of the
House of Representatives, and the Committee on Foreign
Relations of the Senate--
(A) notice in writing of the amount and purpose of the
proposed transfer; and
(B) a description of how the Secretary intends to use the
munitions acquired under this section to meet national
defense requirements as specified in subsection (f)(1)(A).
(2) Ammunition purchases.--No amounts in the Fund may be
used to purchase ammunition, as authorized by this Act, until
the date that is 15 days after the date on which the
Secretary notifies the congressional defense committees in
writing of the amount and purpose of the proposed purchase.
(3) Foreign transfers.--No munition purchased using amounts
in the Fund may be transferred to a foreign country until the
date that is 15 days after the date on which the Secretary
notifies the congressional defense committees in writing of
the proposed transfer.
(f) Limitations.--
(1) Limitation on transfer.--No munition acquired by the
Secretary of Defense using amounts made available from the
Fund pursuant to this section may be transferred to any
foreign country unless such transfer is authorized by the
Arms Export Control Act (22 U.S.C. 2751 et seq.), the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or other
applicable law, except as follows:
(A) The Secretary of Defense, with the concurrence of the
Secretary of State, may authorize the use by the Department
of Defense of munitions acquired under this section prior to
transfer to a foreign country, if such use is necessary to
meet national defense requirements and the Department bear
the costs of replacement and transport, maintenance, storage,
and other such associated costs of such munitions.
(B) Except as required by subparagraph (A), amounts made
available to the Fund may be used to pay for storage,
maintenance, and other costs related to the storage,
preservation and preparation for transfer of munitions
acquired under this section prior to their transfer, and the
administrative costs of the Department of Defense incurred in
the acquisition of such items, to the extent such costs are
not eligible for reimbursement pursuant to section 43(b) of
the Arms Export Control Act (22 U.S.C. 2792(b)).
(2) Certification requirement.--
(A) In general.--No amounts in the Fund may be used
pursuant to this section unless the President--
(i) certifies to the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Foreign Relations of the Senate that the
Special Defense Acquisition Fund established pursuant to
chapter 5 of the Arms Export Control Act (22 U.S.C. 2795 et
seq.) cannot be used to fulfill the same functions and
objectives for which such amounts to be made available from
the Fund are to be used; and
(ii) includes in such certification a justification
therefor, which may be included in a classified annex, if
necessary.
(B) Non-delegation.--The President may not delegate any
responsibility of the President under subparagraph (A).
(g) Termination.--The authority for the Fund under this
section shall expire on December 31, 2024.
Amendment No. 327 Offered by Mr. Smith of New Jersey
At the end of subtitle B of title XIII, add the following:
SEC. 13_. FEASIBILITY STUDY AND REPORT RELATING TO
SOMALILAND.
(a) Feasibility Study.--The Secretary of State, in
consultation with the Secretary of Defense, shall conduct a
feasibility study that--
(1) includes consultation with Somaliland security organs;
(2) determines opportunities for collaboration in the
pursuit of United States national security interests in the
Horn of Africa, the Gulf of Aden, and the broader Indo-
Pacific region;
(3) identifies the practicability of improving the
professionalization and capacity of Somaliland security
sector actors; and
(4) identifies the most effective way to conduct and carry
out programs, transactions, and other relations in the City
of Hargeisa on behalf of the United States Government.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense and the heads of
other relevant Federal departments and agencies, shall submit
a classified report to the appropriate congressional
committees that contains the results of the feasibility study
required under subsection (a), including an assessment of the
extent to which--
(1) opportunities exist for the United States to support
the training of Somaliland's security sector actors with a
specific focus on counterterrorism and border and maritime
security;
(2) Somaliland's security forces were implicated, if any,
in gross violations of human rights during the 3-year period
immediately preceding the date of the enactment of this Act;
(3) the United States has provided or discussed with
officials of Somaliland the provision of training to security
forces, including--
(A) where such training has occurred;
(B) the extent to which Somaliland security forces have
demonstrated the ability to absorb previous training; and
(C) the ability of Somaliland security forces to maintain
and appropriately utilize such training, as applicable;
(4) a United States diplomatic and security engagement
partnership with Somaliland would have a strategic impact,
including by protecting the United States and allied maritime
interests in the Bab-el-Mandeb Strait and at Somaliland's
Port of Berbera;
(5) Somaliland could--
(A) serve as a maritime gateway in East Africa for the
United States and its allies; and
(B) counter Iran's presence in the Gulf of Aden and China's
growing regional military presence;
(6) a United States security and defense partnership
could--
(A) bolster cooperation between Somaliland and Taiwan;
(B) stabilize this semi-autonomous region of Somalia
further as a democratic counterweight to anti-democratic
forces in the greater Horn of Africa region; and
(C) impact the capacity of the United States to achieve
policy objectives in Somalia, particularly to degrade and
ultimately
[[Page H6349]]
defeat the terrorist threat posed by Al-Shabaab, the Islamic
State in Somalia (the Somalia-based Islamic State affiliate),
and other terrorist groups operating in Somalia; and
(7) the extent to which an improved relationship with
Somaliland could--
(A) support United States policy focused on the Red Sea
corridor, the Indo-Pacific region, and the Horn of Africa;
(B) improve cooperation on counterterrorism and
intelligence sharing;
(C) enable cooperation on counter-trafficking, including
the trafficking of humans, wildlife, weapons, and illicit
goods; and
(D) support trade and development, including how Somaliland
could benefit from Prosper Africa and other regional trade
initiatives.
(c) Appropriate Congressional Committees Defined.--In
subsection (b), the term ``appropriate congressional
committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
Amendment No. 328 Offered by Mr. Smith of New Jersey
Add at the end of subtitle C of title VII of division A the
following:
SEC. 7__. KYLE MULLEN NAVAL SAFETY ENHANCEMENTS.
The Secretary of Defense, or his designee to Naval Special
Warfare Command, shall conduct an appraisal of and provide
recommended policies for improved medical care and oversight
of individuals in the Navy engaged in high-stress training
environments, in an effort to ensure sailor safety and
prevent related long-term injury, illness, and death. The
Secretary of the Navy shall ensure that such recommended
polices are implemented to the full extent practicable and in
a timely manner.
Amendment No. 329 Offered by Mr. Smith of New Jersey
At the end of subtitle F of title X, insert the following:
SEC. 10__. REVIEW OF NAVY STUDY ON REQUIREMENTS FOR AND
POTENTIAL BENEFITS OF REALISTICALLY SIMULATING
REAL WORLD AND NEAR PEER ADVERSARY SUBMARINES.
The Secretary of the Navy shall conduct a review of the
study conducted by the Chief of Naval Operations, N94
entitled ``Requirements for and Potential Benefits of
Realistically Simulating Real World and Near Peer Adversary
Submarines'', published November 1, 2021, to determine
compliance with congressional intent and reconcile the
findings of the study with instructions provided by Congress
through the conference report 116-617 accompanying H.R. 6395,
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
Such review shall include an addendum that includes--
(1) views from Navy commands responsible for responding to
foreign threats from adversary manned, diesel-powered
submarines including the Navy's Fifth and Seventh Fleets,
including views on the ability to conduct threat assessments
related to submersibles operated by third world and near-peer
adversaries in the areas of operations of such commands; and
(2) input from relevant training schools and range
operators associated with antisubmarine warfare regarding
current training platforms intended to replicate such threats
and the effectiveness of such training platforms.
Amendment No. 330 Offered by Mr. Soto of Florida
Page 661, line 19, insert ``or where there are significant
space launch or mission control facilities'' after
``operates''.
Page 662, line 7, insert ``or where there are significant
space launch or mission control facilities'' after
``operates''.
Amendment No. 331 Offered by Mr. Soto of Florida
Page 940, line 24, insert ``and expand'' before the
semicolon.
Amendment No. 332 Offered by Mr. Soto of Florida
Page 622, line 17, insert ``distributed ledger
technologies,'' after ``machine learning,''.
Amendment No. 333 Offered by Mr. Soto of Florida
Page 138, after line 22, insert the following:
(9) Distributed leger technologies.
Amendment No. 334 Offered by Mr. Soto of Florida
Page 328, line 12, insert ``(including artificial
intelligence)'' after ``new technologies''.
Amendment No. 335 Offered by Ms. Spanberger of Virginia
At the appropriate place in subtitle D of title XII, insert
the following:
SEC. __. REPORT FROM COUNCIL OF THE INSPECTORS GENERAL ON
UKRAINE.
Not later than September 1, 2024, the Chairperson of the
Council of the Inspectors General on Integrity and Efficiency
shall submit to the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Foreign Relations of the Senate a report
on the oversight infrastructure established with respect to
United States assistance to Ukraine, that also includes the
following:
(1) the structure the Federal Government is currently using
or plans to adopt (including the specific agencies charged)
to oversee the expenditure of assistance to Ukraine;
(2) whether that oversight structure is best suited to
conduct such oversight;
(3) whether there are any gaps in oversight over the
expenditure of funds for assistance to Ukraine;
(4) whether the agencies identified pursuant to paragraph
(1) are positioned to be able to accurately oversee and track
United States assistance to Ukraine over the long term; and
(5) the lessons learned from the manner in which oversight
over expenditures of assistance to Ukraine has been
conducted.
Amendment No. 336 Offered by Ms. Speier of California
After section 523, insert the following and renumber
subsequent sections accordingly:
SEC. 524. BRIEFING AND REPORT ON ADMINISTRATIVE SEPARATION
BOARDS.
Subsection (c) of section 529B of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) is
amended to read as follows:
``(c) Briefing; Report.--The Comptroller General shall
submit to the Committees on Armed Services of the Senate and
House of Representatives--
``(1) a briefing on preliminary results of the study
conducted under subsection (a) not later than December 27,
2022; and
``(2) a report on the final results of the study conducted
under subsection (a) not later than May 31, 2023.''.
amendment no. 337 offered by ms. speier of california
At the appropriate place in title LVIII, insert the
following:
SEC. __. REPORT ON WAIVERS UNDER SECTION 907 OF THE FREEDOM
FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES
AND OPEN MARKETS SUPPORT ACT OF 1992.
(a) Report Required.--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 a
report to the appropriate congressional committees on United
States security assistance provided to the Government of
Azerbaijan pursuant to a waiver under section 907 of the
FREEDOM Support Act (22 U.S.C. 5812 note).
(b) Elements.--The report under subsection (a) shall
address the following:
(1) Documentation of the Department of State's
consideration of all section 907 waiver requirements during
the 5-year period ending on the date of the enactment of this
Act.
(2) Further program-level detail and end-use monitoring
reports of security assistance provided to the Government of
Azerbaijan under a section 907 waiver during such 5-year
period.
(3) The impact of United States security assistance
provided to Azerbaijan on the negotiation of a peaceful
settlement between Armenia and Azerbaijan over all disputed
regions during such 5-year period.
(4) The impact of United States security assistance
provided to Azerbaijan on the military balance between
Azerbaijan and Armenia during such 5-year period.
(5) An assessment of Azerbaijan's use of offensive force
against Armenia or violations of Armenian sovereign territory
from November 11, 2020, to the date of the enactment of this
Act.
(c) Briefing.--The Secretary of State, in coordination with
the Secretary of Defense, shall brief the appropriate
congressional committees not later than 180 days after the
date of the enactment of this Act on the contents of the
report required under subsection (a).
(d) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
amendment no. 338 offered by mr. stauber of minnesota
At the end of subtitle C of title X, insert the following:
SEC. 10__. AWARD OF CONTRACTS FOR SHIP REPAIR WORK TO NON-
HOMEPORT SHIPYARDS TO MEET SURGE CAPACITY.
Section 8669a of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(d) In order to meet surge capacity, the Secretary of the
Navy may solicit proposals from, and award contracts for ship
repair to, non-homeport shipyards that otherwise meet the
requirements of the Navy for ship repair work.''.
amendment no. 339 offered by mrs. steel of california
Add at the end of subtitle E of title VIII the following
new section:
SEC. 859. PROHIBITION ON THE USE OF LOGINK.
(a) Prohibition.--
(1) In general.--The Secretary of Defense, each Secretary
of a military department, and a defense contractor may not
use LOGINK.
(2) Applicability.--With respect to defense contractors,
the prohibition in subsection (a) shall apply--
(A) with respect to any contract of the Department of
Defense entered into on or after the date of the enactment of
this section;
[[Page H6350]]
(B) with respect to the use of LOGINK in the performance of
such contract.
(b) Contracting Prohibition.--
(1) In general.--The Secretary of Defense and each
Secretary of a military department may not enter into any
contract with an entity that uses LOGINK and shall prohibit
the use of LOGINK in any contract entered into by the
Department of Defense.
(2) Defense contractor.--With respect to any contract of
the Department of Defense, a defense contractor may not enter
into a subcontract with an entity that uses LOGINK.
(3) Applicability.--This subsection applies with respect to
any contract entered into on or after the date of the
enactment of this section.
(c) LOGINK Defined.--In this section, the term ``LOGINK''
means the public, open, shared logistics information network
known as the National Public Information Platform for
Transportation & Logistics by the Ministry of Transport of
China.
amendment no. 340 offered by ms. strickland of washington
At the end of subtitle H of title V, insert the following:
SECTION 5__. FEASIBILITY OF INCLUSION OF AU PAIRS IN PILOT
PROGRAM TO PROVIDE FINANCIAL ASSISTANCE TO
MEMBERS OF THE ARMED FORCES FOR IN-HOME CHILD
CARE.
(a) Sense of Congress.--It is the sense of Congress that
members of the Armed Forces who participate in the au pair
exchange visitor program should be eligible for assistance
under the pilot program of the Department of Defense to
provide financial assistance to members of the Armed Forces
for in-home child care.
(b) Feasibility Assessment.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense, in coordination with the Secretary of State, shall
submit to the appropriate congressional committees a report
containing the assessment of the Secretary of Defense of the
feasibility, advisability, and considerations of expanding
eligibility for the pilot program under section 589 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 1791
note) to members of the Armed Forces who participate in an
exchange visitor program under section 62.31 of title 22,
Code of Federal Regulations, or successor regulation.
(c) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means:
(1) The Committees on Armed Services of the Senate and
House of Representatives.
(2) The Committee on Foreign Affairs of the House of
Representatives.
(3) The Committee on Foreign Relations of the Senate.
amendment no. 341 offered by mr. swalwell of california
At the end of subtitle B of title XIV of division A, add
the following:
SEC. 1415. REPORT ON FEASIBILITY OF INCREASING QUANTITIES OF
RARE EARTH PERMANENT MAGNETS IN NATIONAL
DEFENSE STOCKPILE.
(a) Statement of Policy.--It is the policy of the United
States to build a stockpile of rare earth permanent magnets
to meet requirements for Department of Defense programs and
systems while reducing dependence on foreign countries for
such magnets.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the
feasibility of increasing the quantity of rare earth
permanent magnets in the National Defense Stockpile to
support United States defense requirements.
(c) Contents.--The report required by subsection (b) shall
include the following:
(1) An assessment of the extent to which the existing
National Defense Stockpile inventory would guarantee supply
of rare earth permanent magnets to major defense acquisition
programs included in the future years defense program.
(2) A description of the assumptions underlying the
quantities of rare earth permanent magnet block identified
for potential acquisition in the most recent National Defense
Stockpile Annual Operations and Planning Report.
(3) An evaluation of factors that would affect shortfall
estimates with respect to rare earth magnet block in the
National Defense Stockpile inventory.
(4) A description of the impact on and requirements for
domestic industry stakeholders, including Department of
Defense contractors.
(5) An analysis of challenges related to the domestic
manufacturing of rare earth permanent magnets.
(6) An assessment of the extent to which Department of
Defense programs and systems rely on rare earth permanent
magnets manufactured by an entity under the jurisdiction of a
covered strategic competitor.
(7) Identification of additional funding, authorities, and
policies necessary to advance the policy described in
subsection (a).
(d) Form.--The report required by subsection (b) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Definitions.--In this section:
(1) The term ``congressional defense committees'' means the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives.
(2) The term ``covered strategic competitor'' means a near-
peer country identified by the Secretary of Defense and
National Defense Strategy.
amendment no. 342 offered by mr. takano of california
Add at the end of subtitle B of title XIV the following:
SEC. 14__. STUDY ON STOCKPILING ENERGY STORAGE COMPONENTS.
Not later than 360 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to Congress a study on the viability of establishing a
stockpile of the materials required to manufacture batteries,
battery cells, and other energy storage components to meet
national security requirements in the event of a national
emergency (as defined in section 12 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h-3)).
amendment no. 343 offered by ms. tenney of new york
At the end of subtitle C of title XII, add the following:
SEC. 12__. REPORT ON THE U.N. ARMS EMBARGO ON IRAN.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State, in consultation with the
Secretary of Defense, shall submit to the Committees on Armed
Services of the House of Representatives and the Senate, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Foreign Relations of the Senate a report
that includes a detailed description of--
(1) an assessment of the U.N. arms embargo on Iran on its
effectiveness in constraining Iran's ability to supply, sell,
or transfer, directly or indirectly, arms or related
materiel, including spare parts, when it was in place; and
(2) the measures that the Departments of State and Defense
are taking to constrain Iranian arms proliferation and combat
the supply, sale, or transfer of weapons to or from Iran.
amendment no. 344 offered by ms. tenney of new york
At the end of subtitle C of title XII, add the following:
SEC. 12__. REPORT ON ISLAMIC REVOLUTIONARY GUARD CORPS-
AFFILIATED OPERATIVES ABROAD.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State, in consultation with the
Secretary of Defense, shall submit to the Committees on Armed
Services of the House of Representatives and the Senate, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Foreign Relations of the Senate a report
that includes a detailed description of--
(1) all Islamic Revolutionary Guard Corps-affiliated
operatives serving in diplomatic and consular posts abroad;
and
(2) the ways in which the Department of State and the
Department of Defense are working with partner nations to
inform them of the threat posed by Islamic Revolutionary
Guard Corps-affiliated officials serving in diplomatic and
consular roles in third party countries.
amendment no. 345 offered by ms. tenney of new york
At the end of subtitle F of title X, add the following new
section:
SEC. 10__. REPORT ON UNMANNED TRAFFIC MANAGEMENT SYSTEMS AT
MILITARY BASES AND INSTALLATIONS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a report
that includes--
(1) a detailed description of the threat of aerial drones
and unmanned aircraft to United States national security; and
(2) an assessment of the unmanned traffic management
systems of every military base and installation (within and
outside the United States) to determine whether the base or
installation is adequately equipped to detect, disable, and
disarm hostile or unidentified unmanned aerial systems.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, and the Committee on
Foreign Relations of the Senate.
(2) The Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Transportation and
Infrastructure of the House of Representatives.
amendment no. 346 offered by mr. thompson of pennsylvania
At the end of subtitle F of title X, insert the following
new section:
SEC. 10__. REPORT ON NON-DOMESTIC FUEL USE.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the total dollar
amount the Department of Defense spent on fuel from non-
domestic sources during the period beginning on January 1,
2021, and ending on the date of the enactment of this Act.
amendment no. 347 offered by mr. thompson of pennsylvania
At the end of subtitle C of title VII, insert the following
new section:
[[Page H6351]]
SEC. 7__. REPORT ON OPERATIONAL AND PHYSICAL AND MENTAL
HEALTH EFFECTS OF LOW RECRUITMENT AND RETENTION
TO ARMED FORCES.
The Secretary of Defense shall submit to the congressional
defense committees a report on the current operational tempo
resulting from low recruitment to and retention in the Armed
Forces and the resulting effects on the physical and mental
health of members of the Armed Forces.
amendment no. 348 offered by mr. thompson of pennsylvania
At the end of subtitle H of title V, insert the following
new section:
SEC. 5__ REPORT ON THE EFFECTS OF ECONOMIC INFLATION ON
FAMILIES OF MEMBERS OF THE ARMED FORCES.
The Secretary of Defense shall submit to the congressional
defense committees a report on the extent to which economic
inflation has affected families of members of the Armed
Forces.
amendment no. 349 offered by ms. titus of nevada
At the appropriate place in title LVIII, insert the
following:
SEC. ___. AMENDMENTS TO THE UKRAINE FREEDOM SUPPORT ACT OF
2014.
The Ukraine Freedom Support Act of 2014 (22 U.S.C. 8921 et
seq.) is amended--
(1) by redesignating section 11 as section 13; and
(2) by inserting after section 10 the following new
sections:
``SEC. 11. WORKING GROUP ON SEMICONDUCTOR SUPPLY DISRUPTIONS.
``(a) In General.--Not later than 30 days after the date of
the enactment of this section, the President shall establish
an interagency working group to address semiconductor supply
chain issues caused by Russia's illegal and unprovoked attack
on Ukraine.
``(b) Membership.--The interagency working group
established pursuant to subsection (a) shall be comprised of
the head, or designee of the head, of each of the following:
``(1) The Department of State.
``(2) The Department of Defense.
``(3) The Department of Commerce.
``(4) The Department of the Treasury.
``(5) The Office of the United States Trade Representative.
``(6) The Department of Interior.
``(7) The Department of Energy.
``(8) The Department of Homeland Security.
``(9) The Department of Labor.
``(10) Any other Federal department or agency the President
determines appropriate.
``(c) Chair.--The Secretary of State shall serve as the
chair of the working group established pursuant to subsection
(a).
``SEC. 12. REPORTS ON SEMICONDUCTOR SUPPLY CHAIN DISRUPTIONS.
``(a) Report on Impact of Russia's Invasion of Ukraine.--
Not later than 60 days after the date of the enactment of
this section, the Secretary of State shall submit to the
committees listed in subsection (b) a report of the
interagency working group that--
``(1) reviews and analyzes--
``(A) the impact of Russia's unprovoked attack on Ukraine
on the supply of palladium, neon gas, helium, and
hexafluorobutadiene (C4F6); and
``(B) the impact, if any, on supply chains and the global
economy;
``(2) recounts diplomatic efforts by the United States to
work with other countries that mine, synthesize, or purify
palladium, neon gas, helium, or hexafluorobutadiene (C4F6);
``(3) quantifies the actions resulting from these efforts
to diversify sources of supply of these items;
``(4) sets forth steps the United States has taken to
bolster its production or secure supply of palladium or other
compounds and elements listed in paragraph (1)(A);
``(5) lists any other important elements, compounds, or
products in the semiconductor supply chain that have been
affected by Russia's illegal attack on Ukraine; and
``(6) recommends any potential legislative steps that could
be taken by Congress to further bolster the supply of
elements, compounds, or products for the semiconductor supply
chain that have been curtailed as a result of Russia's
actions.
``(b) Committees Listed.--The committees listed in this
subsection are--
``(1) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Energy and Commerce of
the House of Representatives; and
``(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Commerce, Science, and
Transportation of the Senate.
``(c) Annual Report on Potential Future Shocks to
Semiconductor Supply Chains.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section, and annually thereafter for
5 years, the Secretary of State shall submit to the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a report of the
interagency working group that--
``(A) outlines and plans for the most likely future
geopolitical developments that could severely disrupt global
semiconductor supply chains in ways that could harm the
national security or economic interests of the United States;
``(B) forecasts the various potential impacts on the global
supply chain for semiconductors, and products that use
semiconductors, from the developments outlined pursuant to
subparagraph (A), as well as the following contingencies--
``(i) an invasion of Taiwan or geopolitical instability or
conflict in East Asia;
``(ii) a broader war or geopolitical instability in Europe;
``(iii) strategic competitors dominating parts of the
supply chain and leveraging that dominance coercively;
``(iv) a future international health crisis; and
``(v) natural disasters or shortages of natural resources
and raw materials;
``(C) describes the kind of continency plans that would be
needed for the safe evacuation of individuals with deep
scientific and technical knowledge of semiconductors and
their supply chain from areas under risk from conflict or
natural disaster; and
``(D) evaluates the current technical and supply chain work
force expertise within the Federal government to carry out
these assessments.''.
amendment no. 350 offered by ms. titus of nevada
At the end of subtitle C of title VII, insert the following
new section:
SEC. 7__. REPORT ON MATERNAL MORTALITY RATES OF FEMALE
MEMBERS OF THE ARMED FORCES.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on how maternal
mortality rates may disproportionately affect female members
of the Armed Forces (as compared with female civilians). Such
report shall include an identification of any relevant
barriers to the access of health care for such female members
and any recommendations by the Secretary to improve such
access and reduce such rates.
amendment no. 351 offered by ms. titus of nevada
At the appropriate place in subtitle H of title V, insert
the following new section:
SEC. 5__ REPORT ON THE EFFECTS OF THE SHORTAGE OF INFANT
FORMULA ON THE FAMILIES OF MEMBERS OF THE ARMED
FORCES.
The Secretary of Defense shall submit to the congressional
defense committees a report on the extent to which families
of members of the Armed Forces--
(1) have access to infant formula; and
(2) have been affected by any shortage of infant formula
available for consumer purchase from January 1, 2022, through
the date of the enactment of this Act.
amendment no. 352 offered by ms. titus of nevada
At the end of subtitle G of title III, insert the following
new section:
SEC. 3__. REPORTS RELATING TO AQUEOUS FILM-FORMING FOAM
SUBSTITUTES AND PFAS CONTAMINATION AT CERTAIN
INSTALLATIONS.
(a) Report on Progress Towards AFFF Substitutes.--Not later
than one year after the date of the enactment of this Act,
the Under Secretary of Defense for Acquisition and
Sustainment shall submit to the congressional defense
committees a report on the progress made towards, and the
status of any certification efforts relating to, the
replacement of fluorinated aqueous film-forming foam with a
fluorine-free fire-fighting agent, as required under section
322 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 133 Stat. 1307; 10 USC 2661 note
prec.).
(b) Report on Non-AFFF PFAS Contamination at Certain
Military Installations.--Not later than one year after the
date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
congressional defense committees a report on known or
suspected contamination on or around military installations
located in the United States resulting from the release of
any perfluoroalkyl substance or polyfluoroalkyl substance
originating from a source other than aqueous film-forming
foam.
amendment no. 353 offered by ms. titus of nevada
At the end of title XVII, insert the following:
SEC. 17__. QUARTERLY BRIEFINGS ON REPLENISHMENT AND
REVITALIZATION OF STOCKS OF DEFENSIVE AND
OFFENSIVE WEAPONS PROVIDED TO UKRAINE.
(a) Quarterly Briefings.--The Secretary of Defense shall
provide to the congressional defense committees quarterly
briefings, in accordance with subsection (b), on the progress
of the Department of Defense toward replenishing and
sustaining the production capacity and stocks of covered
weapons that have been delivered to Ukraine as part of the
effort to--
(1) support Ukraine's resistance against Russian
aggression; and
(2) buy down strategic risks.
(b) Elements of Briefings.--
(1) Briefings on us weapons.--The Secretary of Defense
shall provide to the congressional defense committees
quarterly briefings that include each of the following:
(A) A timeline and budgetary estimate for developing and
procuring replacement stocks of covered weapons for the
United States.
(B) An identification of any opportunities to allow vendors
to compete for agreements to produce next-generation weapons.
(C) An analysis of risks within the industrial base that
provides support for covered weapons, and detailed options to
mitigate those risks.
[[Page H6352]]
(D) A discussion of options to maximize competition among
providers of covered weapons and components thereof, and an
identification of any gaps in legal authority to pursue and
achieve the objectives of maximizing competition and
replenishing and sustaining the production capacity of
covered weapons.
(E) An update on the use of the authorities of the
Department of Defense to replenish and sustain the production
capacity and stocks of covered weapons referred to in
subsection (a).
(2) Briefing on weapons of allies and partners.--The
Secretary of Defense shall provide to the congressional
defense committees, the Committee on Foreign Affairs of the
House of Representatives, and the Committee on Foreign
Relations of the Senate a briefing on the plan to use
authorities for--
(A) developing and procuring replacement stocks of covered
weapons for allies and partners of the United States; and
(B) advancing the replenishment of weapons for such allies
and partners that have provided, or are contemplating
providing, such weapons to Ukraine.
(c) Covered Weapon.--In this section, the term ``covered
weapon'' means any weapon other than a covered system, as
that term is defined in section 1703(d).
(d) Termination.--The requirement to provide quarterly
briefings under subsection (b)(1) shall terminate on December
31, 2026.
amendment no. 354 offered by ms. titus of nevada
At the end of subtitle F of title X, insert the following:
SEC. 10__. REPORT ON HUMAN TRAFFICKING AS A RESULT OF RUSSIAN
INVASION OF UKRAINE.
The Secretary of Defense, in consultation with the
Secretary of State, shall submit to the congressional defense
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of
the Senate a report on human trafficking as a result of the
Russian invasion of Ukraine.
amendment no. 355 offered by ms. tlaib of michigan
Page 1067, line 9, strike ``and''.
Page 1067, line 10, strike the period and insert ``; and''.
Page 1067, after line 10, insert the following:
(D) submit an alert for potential major health risks, such
as the potential presence of lead paint, asbestos, mold,
hazardous materials contaminated or unsafe drinking water, or
serious safety issues, such as potential problems with fire
or carbon monoxide detection equipment.
Page 1067, after line 15, insert the following:
(4) An educational feature to help users better identify
potential environmental and safety hazards like lead paint,
asbestos, mold and unsafe water, and potentially non-
functional fire or carbon monoxide detection equipment for
the purposes of protecting residents and submitting alerts
described in paragraph (1)(D) for potential problems that may
need urgent professional attention.
amendment no. 356 offered by ms. tlaib of michigan
Page 311, line 7, strike ``and'' at the end.
Page 311, line 9, strike the period at the end and insert a
semicolon.
Page 311, after line 9, insert the following:
(3) takes into account voluntary feedback from program
recipients and relevant Department staff, including direct
testimonials about their experiences with the program and
ways in which they think it could be improved; and
(4) examines other potential actions that arise during the
course of the program that the Department could take to
further protect the safety of program participants and
eligible individuals, as the Secretary determines
appropriate.
amendment no. 357 offered by ms. tlaib of michigan
At the end of subtitle G of title XXVIII, insert the
following:
SEC. 28__. REPORTING ON LEAD SERVICE LINES AND LEAD PLUMBING.
(a) Initial Report.--Not later than one year after the date
of the enactment of this Act, the Under Secretary of Defense
for Acquisition and Sustainment shall submit to the
congressional defense committees a report that includes--
(1) a description of the state of lead service lines and
lead plumbing on military installations, military housing,
and privatized military housing;
(2) an evaluation of whether military installations,
military housing, and privatized military housing are in
compliance with the standards established in the Lead and
Copper rule and, if not, an identification of the areas of
non-compliance; and
(3) an identification of steps and resources needed to
remove remaining lead service lines and lead plumbing in
military installations and housing.
(b) Inclusion of Information in Annual Report.--The
Secretary shall include in the Defense Environmental Programs
annual report for each year after the year in which the
initial report is submitted information on the compliance of
Department of Defense facilities and housing with the Lead
and Copper Rule.
amendment no. 358 offered by ms. tlaib of michigan
Page 1101, line 20, insert ``and covered lead exposure''
after ``conditions''.
In section 2880 of the bill, in the matter proposed to be
added as section 2895(c) of title 10, United States Code,
insert after paragraph (2) the following new paragraph (and
redesignate the subsequent paragraphs accordingly):
(3) The term ``covered lead exposure'' means lead exposure
that is determined by the Secretary of Defense to have
resulted from residing in an unsafe housing unit.
amendment no. 359 offered by mrs. torres of california
At the appropriate place in title LVIII, insert the
following:
SEC. __. GAO STUDY ON END USE MONITORING.
Not later than 1 year after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit the congressional defense committees, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate a review of the
implementation by the Department of Defense and the
Department of State of end-use monitoring, including--
(1) how well end-use monitoring deters misuse or
unauthorized use of equipment;
(2) how the Departments identify persistent geographic
areas of concern for closer monitoring; and
(3) how the Departments identify trends, learn from those
trends, and implement best practices.
amendment no. 360 offered by mrs. torres of california
At the end of subtitle D of title V, add the following new
section:
SEC. 5__. STANDARDS AND REPORTS RELATING TO CASES OVERSEEN BY
MILITARY CRIMINAL INVESTIGATIVE ORGANIZATIONS.
(a) Standards Required.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretaries of the military departments, shall
develop and implement uniform standards applicable to the
military criminal investigative organizations of the
Department of Defense that--
(A) establish processes and procedures for the handling of
cold cases;
(B) specify the circumstances under which a case overseen
by such an organization shall be referred to the Inspector
General of the Department of Defense for review; and
(C) establish procedures to ensure that, in the event an
investigator transfers out of such an organization or
otherwise ceases to be an investigator, the cases overseen by
such investigator are transferred to a new investigator
within the organization.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act the Secretary of Defense shall submit
to Congress a report on the standards developed under
paragraph (1).
(3) Implementation.--Following the submittal of the report
under paragraph (2), but not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense
shall implement the standards developed under paragraph (1).
(b) Report Establishment of Cold Case Unit in the Army.--
Not later than 120 days after the date of the enactment of
this Act, the Secretary of the Army shall submit to Congress
a report on the feasibility of establishing a cold case unit
in the Army Criminal Investigation Division that is similar
to the cold case units operating within the Naval Criminal
Investigative Service and the Air Force Office of Special
Investigations.
Amendment No. 361 Offered by Mr. Torres of New York
At the end of subtitle G of title X, insert the following:
SEC. 10__. LIMITATIONS ON SALE AND USE OF PORTABLE HEATING
DEVICES ON MILITARY INSTALLATIONS.
(a) Prohibition on Sale of Unsafe Portable Heating Devices
at Commissary Stores and MWR Retail Facilities.--The
Secretary of Defense shall ensure that the following types of
portable heating devices are not sold at a commissary store
or MWR retail facility:
(1) Portable heating devices that do not comply with
applicable voluntary consumer product safety standards.
(2) Portable heating devices that do not have an automatic
shutoff function.
(b) Education for Families Living in Military Housing.--The
commander of a military installation shall ensure that
members of the Armed Forces assigned to that installation and
living in military family housing, including military family
housing acquired or constructed pursuant to subchapter IV of
chapter 169 of title 10, United States Code, are provided
with the recommendations of the Consumer Product Safety
Commission for operating portable heating devices safely.
(c) Definitions.--In this section:
(1) The term ``MWR retail facility'' has the meaning given
that term in section 1063 of title 10, United States Code.
(2) The term ``portable heating device'' means an electric
heater that--
(A) is intended to stand unsupported (freestanding);
(B) can be moved from place to place within conditioned
areas in a structure;
(C) is connected to a nominal 120 VAC electric supply
through a cord and plug;
(D) transfers heat by radiation, convection, or both
(either natural or forced); and
(E) is intended for residential use.
Amendment No. 362 Offered by Mr. Torres of New York
At the end of subtitle G of title X, insert the following:
[[Page H6353]]
SEC. 10__. TRAINING AND INFORMATION FOR FIRST RESPONDERS
REGARDING AID FOR VICTIMS OF TRAUMA-RELATED
INJURIES.
The Secretary of Defense shall ensure that the Department
of Defense shares best practices with, and offers training
to, State and local first responders regarding how to most
effectively aid victims who experience trauma-related
injuries.
Amendment No. 363 Offered by Mr. Torres of New York
At the appropriate place in subtitle E of title XII, insert
the following:
SEC. ___. REPORT ON IMPROVED DIPLOMATIC RELATIONS AND DEFENSE
RELATIONSHIP WITH ALBANIA.
(a) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' 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.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, jointly with
the Secretary of State, shall submit to the appropriate
congressional committees an assessment of the viability of
military infrastructure in Durres, Albania, and Vlore,
Albania, as locations for cooperative security activities,
including NATO activities and exercises that advance NATO and
shared security objectives and enhance interoperability. The
report shall also include a description of--
(1) opportunities for the United States to support training
for Albania's military forces;
(2) the current status of such training activities with
Albania, including the level of progress toward
interoperability, absorption of assistance, ability to
sustain equipment provided, and other relevant factors that
enhance Albania's ability to contribute to NATO objectives
and maritime security; and
(3) a cost estimate for any potential U.S. investments and
activities.
Amendment No. 364 Offered by Mrs. Trahan of Massachusetts
At the end of subtitle B of title I, add the following new
section:
SEC. 1__. REPORT ON APPLICABILITY OF DDG(X) ELECTRIC-DRIVE
PROPULSION SYSTEM.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report that includes an
analysis of--
(1) the power and propulsion requirements for the DDG(X)
destroyer;
(2) how such requirements compare to the power and
propulsion requirements for the DDG-1000 Zumwalt class
destroyer and the DDG-51 Arleigh Burke class destroyer,
respectively;
(3) the ability of the Navy to leverage existing
investments in the electric-drive propulsion system developed
for the DDG(X) destroyer to reduce cost and risk; and
(4) the ability to design and manufacture components for
such system in the United States.
Amendment No. 365 Offered by Mrs. Trahan of Massachusetts
At the end of subtitle C of title II, add the following new
section:
SEC. 2__. REPORT ON NATIONAL SECURITY APPLICATIONS FOR FUSION
ENERGY TECHNOLOGY.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on potential national security applications for fusion energy
technology.
(b) Elements.--The report under subsection (a) shall
include--
(1) an evaluation of commercial fusion energy technologies
under development by private sector companies in the United
States to determine if any such technologies have potential
national security applications;
(2) consideration of commercial fusion energy
technologies--
(A) that have met relevant technical milestones:
(B) that are supported by substantial private sector
financing;
(C) that meet applicable requirements of the Department of
Defense; and
(D) for which prototypes have been constructed;
(3) a timeline for the potential implementation of fusion
energy in the Department;
(4) a description of any major challenges to such
implementation; and
(5) recommendations to the ensure the effectiveness of such
implementation.
Amendment No. 366 Offered by Mr. Turner of Ohio
At the end of subtitle B of title III, insert the following
new section:
SEC. 3__. ADDITIONAL SPECIAL CONSIDERATIONS FOR ENERGY
PERFORMANCE GOALS AND ENERGY PERFORMANCE MASTER
PLAN.
(a) Additional Special Considerations.--Section 2911(e) of
title 10, United States Code, is amended by adding at the end
the following new paragraphs:
``(14) The reliability and security of energy resources in
the event of a military conflict.
``(15) The value of resourcing energy from partners and
allies of the United States.''.
(b) Report on Feasibility of Terminating Energy Procurement
From Foreign Entities of Concern.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Assistant Secretary of Defense
for Operational Energy Plans and Programs shall submit to the
appropriate congressional committees a report on the
feasibility and advisability of terminating energy
procurement by the Department of Defense from foreign
entities of concern.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) An assessment of the reliance by the Department of
Defense on foreign entities of concern for the procurement of
energy.
(B) An identification of the number of energy contracts in
force between the Director of the Defense Logistics Agency
and a foreign entity of concern or an entity headquartered in
a country that is a foreign entity of concern.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the Committee on
Energy and Commerce of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on
Energy and Natural Resources of the Senate.
(2) The term ``foreign entity of concern'' has the meaning
given that term in section 9901 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (15 U.S.C. 4651).
Amendment No. 367 Offered by Ms. Van Duyne of Texas
Page 387, after line 20, insert the following:
SEC. 584. STUDY ON FRAUDULENT MISREPRESENTATION ABOUT RECEIPT
OF A MILITARY MEDAL OR DECORATION.
(a) Study.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall conduct a study to identify any monetary or government
benefits obtained through a fraudulent misrepresentation
about the receipt a military decoration or medal as described
by section 704(c)(2) or 704(d) of title 18, United States
Code.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall report to Congress on the findings of the study
conducted under subsection (b) and policy recommendations to
resolve issues identified in the study.
Amendment No. 368 offered by Ms. van duyne of texas
At the end of subtitle G of title V, add the following new
section:
SEC. 579D. DEPARTMENT OF DEFENSE REPORT ON THIRD-PARTY JOB
SEARCH TECHNOLOGY.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Defense shall submit to Congress a
report on potential partnership opportunities with companies
that provide third-party job search software to assist active
duty service members and veterans up to two years post-
separation from the military find employment following their
active duty service. Such report shall include the potential
use and effectiveness of any such partnerships.
Amendment No. 369 Offered by Mrs. Wagner of Missouri
At the end of subtitle J of title V, insert the following:
SEC. 5__. SENSE OF CONGRESS REGARDING ULYSSES S. GRANT.
It is the Sense of Congress that--
(1) the efforts and leadership of Ulysses S. Grant in
defending the United States deserve honor;
(2) the military victories achieved under the command of
Ulysses S. Grant were integral to the preservation of the
United States; and
(3) Ulysses S. Grant is among the most influential military
commanders in the history of the United States.
Amendment No. 370 Offered by Mr. Waltz of Florida
Page 441, line 8, strike ``paragraph (4)'' and insert
``subsection (d)''.
Amendment No. 371 Offered by Mr. Waltz of Florida
Page 864, after line 25, insert the following:
(8) Scandium.
Amendment No. 372 Offered by Ms. Wasserman Schultz of Florida
At the end of subtitle H of title V, insert the following:
SEC. 5__. BRIEFING ON CHILD CARE AT CAMP BULL SIMONS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Army and the Secretary of the
Air Force shall submit to the congressional defense
committees a joint briefing regarding the provision of child
care at Camp Bull Simons, Eglin Air Force Base. The briefing
shall include the following elements:
(1) Risk mitigation measures that could allow the current
proposed site to achieve certification for child care.
(2) Plans for alternative locations, including acquiring
land for a military child development center (as such term is
defined in section 1800 of title 10, United States Code) in
proximity to Camp Bull Simons.
(3) An update on public-private partnership agreements for
child care that could alleviate the deficit in available
child care at Camp Bull Simons.
(4) Current availability for child care, and related wait
times, at military child development centers on the main
campus of Eglin Air Force Base.
[[Page H6354]]
Amendment No. 373 Offered by Ms. Wexton of Virginia
Add at the end of title LVII of division E the following:
SEC. __. STUDY AND REPORT ON RETURNSHIP PROGRAMS.
(a) In General.--Not later than September 30, 2023, the
Secretary of Defense shall conduct a study, and submit a
report on such study to the congressional defense committees,
on the feasibility and benefits of establishing returnship
programs for the civilian workforce of the Department of
Defense. The study and report shall assess--
(1) where returnship programs could be used to address such
workforce needs and bolster the knowledge and experience base
of such workforce;
(2) how the programs would be structured and the estimated
funding levels to implement the returnship programs; and
(3) if and how returnship programs impact the diversity of
such workforce.
(b) Returnship Program Defined.--In this section, the term
``returnship program'' means any program that supports entry
into the civilian workforce of the Department of Defense of
an individual who has taken an extended leave of absence from
such workforce, including a leave of absence to care for a
dependent.
Amendment No. 374 Offered by Ms. Wild of Pennsylvania
At the end of subtitle G of title III, insert the following
new section:
SEC. 3__. BRIEFINGS ON IMPLEMENTATION OF RECOMMENDATIONS
RELATING TO SAFETY AND ACCIDENT PREVENTION.
Beginning not later than 45 days after the date of the
enactment of this Act, and on a biannual basis thereafter
until such time as each recommendation referred to in this
section has been implemented, the Secretary of Defense shall
provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the status of
the implementation of recommendations relating to safety and
the prevention of accidents and mishaps (including fatal
accidents) with respect to members of the Armed Forces,
including--
(1) the recommendations of the Comptroller General of the
United States in the Government Accountability Office report
of July 2021, titled ``Military Vehicles: Army and Marine
Corps Should Take Additional Actions to Mitigate and Prevent
Training Accidents'' (relating to vehicle safety);
(2) the recommendations of the National Commission on
Military Aviation Safety under section 1087 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 132 Stat. 1992); and
(3) the 117 recommendations of the Readiness Reform
Oversight Committee of the Department of the Navy following
the deaths of 17 members of the Armed Forces on the USS John
McCain and the USS Fitzgerald.
Amendment No. 375 Offered by Ms. Wild of Pennsylvania
At the end of subtitle H of title III, insert the following
new section:
SEC. 3__. MAINTENANCE OF PUBLICLY ACCESSIBLE WEBSITE BY JOINT
SAFETY COUNCIL.
Section 184(d) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(10) Developing and maintaining (including by updating on
a basis that is not less frequent than once every 180 days) a
publicly accessible Internet website that contains the
following:
``(A) Information for the families of deceased members of
the armed forces who died in a fatal operational or training
accident.
``(B) Information on the findings of each review or
assessment conducted by the Council.
``(C) An identification of any recommendation of the
Council relating to the prevention of fatal accidents among
members of the Armed Forces, and information on the progress
of the implementation of any such recommendation.''.
Amendment No. 376 Offered by Ms. Williams of Georgia
At the end of subtitle G of title X, insert the following:
SEC. 10__. PUBLIC AVAILABILITY OF COST OF CERTAIN MILITARY
OPERATIONS TO EACH UNITED STATES TAXPAYER.
Section 1090 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended--
(1) by inserting ``(a) Publication of Information.--''
before ``The Secretary of Defense'';
(2) by striking ``of each of the wars in Afghanistan, Iraq,
and Syria.'' and inserting ``of any overseas contingency
operation conducted by the United States Armed Forces on or
after September 18, 2001.''; and
(3) by adding at the end the following new subsections:
``(b) Display of Information.--The information required to
be posted under subsection (a) shall--
``(1) be posted directly on the website of the Department
of Defense, in an accessible and clear format;
``(2) include corresponding documentation as links or
attachments; and
``(3) include, for each overseas contingency operation--
``(A) both the total cost to each taxpayer, and the cost to
each taxpayer for each fiscal year, of conducting the
overseas contingency operation;
``(B) a list of countries where the overseas contingency
operation has taken place.
``(c) Updates.--The Secretary shall ensure that all the
information required to be posted under subsection (a) is
updated by not later than 90 days after the last day of each
fiscal year.
``(d) Contingency Operation Defined.--In this section, the
term `contingency operation' has the meaning given such term
in section 101(a)(13) of title 10, United States Code.''.
amendment no. 377 offered by ms. williams of georgia
Page 1348, insert after line 23 the following:
SEC. 5806. SENSE OF CONGRESS REGARDING THE LIFE AND LEGACY OF
SENATOR JOSEPH MAXWELL CLELAND.
(a) Findings.--Congress finds the following:
(1) Joseph Maxwell Cleland was born August 24, 1942, in
Atlanta, Georgia, the child of Juanita Kesler Cleland and
Joseph Hughie Cleland, a World War II veteran, and grew up in
Lithonia, Georgia.
(2) Joseph Maxwell Cleland graduated from Stetson
University in Florida in 1964, and received his Master's
Degree in history from Emory University in Atlanta, Georgia.
(3) Following his graduation from Stetson University,
Joseph Maxwell Cleland received a Second Lieutenant's
Commission in the Army through its Reserve Officers' Training
Corps program.
(4) Joseph Maxwell Cleland volunteered for duty in the
Vietnam War in 1967, serving with the 1st Cavalry Division.
(5) On April 8, 1968, during combat at the mountain base at
Khe Sanh, Joseph Maxwell Cleland was gravely injured by the
blast of a grenade, eventually losing both his legs and right
arm.
(6) Joseph Maxwell Cleland was awarded the Bronze Star for
meritorious service and the Silver Star for gallantry in
action.
(7) In 1970, Joseph Maxwell Cleland was elected to the
Georgia Senate as the youngest member and the only Vietnam
veteran, where he served until 1975.
(8) As a Georgia State Senator, Joseph Maxwell Cleland
authored and advanced legislation to ensure access to public
facilities in Georgia for elderly and handicapped
individuals.
(9) In 1976, Joseph Maxwell Cleland began serving as a
staffer on the Committee on Veterans Affairs of the Senate.
(10) In 1977, Joseph Maxwell Cleland was appointed by
President Jimmy Carter to lead the Veterans Administration.
(11) He was the youngest Administrator of the Veterans
Administration ever and the first Vietnam veteran to head the
agency.
(12) He served as a champion for veterans and led the
Veterans Administration to recognize, and begin to treat,
post-traumatic stress disorder in veterans suffering the
invisible wounds of war.
(13) Joseph Maxwell Cleland was elected in 1982 as
Georgia's Secretary of State, the youngest individual to hold
the office, and served in that position for 14 years.
(14) in 1996, Joseph Maxwell Cleland was elected to the
United States Senate representing Georgia.
(15) As a member of the Committee on Armed Services, Joseph
Maxwell Cleland advocated for Georgia's military bases,
servicemembers, and veterans, including by championing key
personnel issues, playing a critical role in the effort to
allow servicemembers to pass their GI Bill education benefits
to their children, and establishing a new veterans cemetery
in Canton, Georgia.
(16) In 2002, Joseph Maxwell Cleland was appointed to the
9/11 Commission.
(17) In 2003, Joseph Maxwell Cleland was appointed by
President George W. Bush to the Board of Directors for the
Export-Import Bank of the United States, where he served
until 2007.
(18) In 2009, Joseph Maxwell Cleland was appointed by
President Barack Obama as Secretary of the American Battle
Monuments Commission overseeing United States military
cemeteries and monuments overseas, where he served until
2017.
(19) Joseph Maxwell Cleland authored 3 books: Strong at the
Broken Places, Going for the Max: 12 Principles for Living
Life to the Fullest, and Heart of a Patriot.
(20) Joseph Maxwell Cleland received numerous honors and
awards over the course of his long and distinguished career.
(21) Joseph Maxwell Cleland was a patriot, veteran, and
lifelong civil servant who proudly served Georgia, the United
States, and all veterans and servicemembers of the United
States.
(22) On November 9, 2021, at the age of 79, Joseph Maxwell
Cleland died, leaving behind a legacy of service, sacrifice,
and joy.
(b) Death of the Honorable Joseph Maxwell Cleland.--
Congress has heard with profound sorrow of the death of the
Honorable Joseph Maxwell Cleland, who served--
(1) with courage and sacrifice in combat in the Vietnam
War;
(2) with unwavering dedication to Georgia as a State
Senator, Secretary of State, and Senator; and
(3) with honorable service to the United States and
veterans of the United States through his lifetime of public
service and tenure as Administrator of the Veterans
Administration.
amendment no. 378 offered by mr. wittman of virginia
At the end of subtitle B of title I, add the following new
section:
[[Page H6355]]
SEC. 1__. PROHIBITION ON AVAILABILITY OF FUNDS FOR DISPOSAL
OF LITTORAL COMBAT SHIPS.
(a) Prohibition.--None of the funds authorized to
appropriated by this Act or otherwise made available for
fiscal year 2023 for the Navy may be obligated or expended to
dispose of or dismantle a Littoral Combat Ship.
(b) Exception.--The prohibition under subsection (a) shall
not apply to the transfer of a Littoral Combat Ship to the
military forces of a nation that is an ally or partner of the
United States.
amendment no. 379 offered by mr. wittman of virginia
At the end of subtitle E of title VIII, add the following
new section:
SEC. 8__. REPORT ON TRANSITION TO PHASE III FOR SMALL
BUSINESS INNOVATION RESEARCH AND SMALL BUSINESS
TECHNOLOGY TRANSFER PROGRAM AWARDS.
(a) Report Required.--On an annual basis, each Secretary of
a military department (as defined in section 101 of title 10,
United States Code) shall collect and submit to the President
for inclusion in each budget submitted to Congress under
section 1105 of title 31, United States Code, data on the
Phase I, Phase II, and Phase III awards under the SBIR and
STTR programs of the military department of the Secretary for
the immediately preceding five fiscal years, including--
(1) the aggregate funding amount for Phase III awards in
relevant program offices, as selected by the each Secretary
of a military department;
(2) the change in Phase III funding during the period
covered by the report such selected program offices;
(3) the number of SBIR awards made by such selected program
offices in under 180 days during the period covered by the
report; and
(4) where possible, an identification of specific
recommendations from each Secretary of a military department
on opportunities to identify and expand best practices that
demonstrate growth in Phase III award funding.
(b) Definitions.--In this section, the terms ``Phase I'',
``Phase II'', ``Phase III'', ``SBIR'', and ``STTR'' have the
meanings given those terms, respectively, in section 9(e) of
the Small Business Act (15 U.S.C. 638(e)).
amendment no. 380 offered by mr. wittman of virginia
At the end of subtitle D of title VIII, insert the
following:
SEC. 8__. EXISTING AGREEMENT LIMITS FOR OPERATION WARP SPEED.
(a) In General.--Any award made to a consortium under
section 4022 of title 10, United States Code, by the
Department of Defense on or after March 1, 2020, to address
the COVID-19 pandemic through vaccines and other therapeutic
measures using funds made available under a covered award
shall not be counted toward any limit established prior to
March 1, 2020, on the total estimated amount of all projects
to be issued for a specified fiscal year (except that such
funds shall count toward meeting any guaranteed minimum
value).
(b) Follow-on Contracts.--The Secretary of Defense may not
award a follow-on contract, agreement, or grant for any award
described in subsection (a)--
(1) until the limit described in subsection (a) has been
reached;
(2) until the term of the award described in subsection (a)
has expired; or
(3) unless such follow-on contract, agreement, or grant is
made accordance with the terms and conditions of the award
described in subsection (a).
(c) Covered Award Defined.--In this section, the term
``covered award'' means an award made in support of the
efforts led by the Department of Health and Human Services
and the Department of Defense, known as Operation Warp Speed,
to accelerate the development, acquisition, and distribution
of vaccines and other therapies to address the COVID-19
pandemic, and any successor efforts.
amendment no. 381 offered by mr. wittman of virginia
At the end of subtitle C of title VII add the following:
SEC. 7__. REPORT ON DEFENSE HEALTH AGENCY CONTRACTS.
Not later than February 1, 2023, the Director of the
Defense Health Agency shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a
report that includes, with respect to fiscal years 2020,
2021, and 2022--
(1) the total number of contracts awarded by the Defense
Health Agency during each such fiscal year; and
(2) the number and percent of such contracts for each such
fiscal year that were--
(A) protested and the protest was upheld;
(B) standard professional services contracts;
(C) issued as a direct award;
(D) in the case of the contracts described in subparagraph
(C), exceeded $5 million in total value; and
(E) awarded to the following:
(i) Businesses eligible to enter into a contract under
section 8(a) of the Small Business Act (15 U.S.C. 637(a)).
(ii) Qualified HUBZone small business concerns.
(iii) Small business concerns owned and controlled by
service-disabled veterans.
(iv) Small business concerns owned and controlled by women
(as defined in section 8(m)(1) of the Small Business Act (15
U.S.C. 637(m)(1)).
amendment no. 382 offered by mr. wittman of virginia
Add at the end of subtitle G of title X the following new
section:
SEC. 10__. REPORT ON DEPARTMENT OF DEFENSE PLAN TO ACHIEVE
STRATEGIC OVERMATCH IN THE INFORMATION
ENVIRONMENT.
(a) In General.--Not later than April 1, 2023, the
Secretary of Defense shall submit to the Committee on Armed
Services of the House of Representatives a report on the
following:
(1) A plan, developed in cooperation with relevant Federal
agencies, for the Department of Defense to achieve strategic
overmatch in the information environment, including--
(A) modifications and updates to existing policy or
guidance;
(B) a description of impacts to future budget requests and
funding priorities;
(C) updates to personnel policies to ensure the
recruitment, promotion, retention, and compensation
incentives for individuals with the necessary skills in the
information environment; and
(D) a description of improvements to the collection,
prioritization, and analysis of open source intelligence to
better inform the understanding of competitors and
adversaries to the Department of Defense in the information
environment.
(2) A description of any initiatives, identified in
cooperation with relevant Federal agencies, that the
Secretary of Defense and such Federal agencies may undertake
to assist and incorporate allies and partner countries of the
United States into efforts to achieve strategic overmatch in
the information environment.
(3) A description of other actions, including funding
modifications, policy changes, or congressional action, are
necessary to further enable widespread and sustained
information environment operations of the Department of
Defense relevant Federal agencies.
(4) Any other matters the Secretary of Defense determines
appropriate.
(b) Information Environment Defined.--In this section, the
term ``information environment'' has the meaning given in the
publication of the Department of Defense titled ``Joint
Concept for Operating in the Information Environment
(JCOIE)'' dated July 25, 2018.
The SPEAKER pro tempore. Pursuant to House Resolution 1224, the
gentleman from Washington (Mr. Smith) and the gentleman from Alabama
(Mr. Rogers) each will control 15 minutes.
The Chair recognizes the gentleman from Washington.
Mr. SMITH of Washington. Madam Speaker, I yield 2 minutes to the
gentleman from New Jersey (Mr. Pallone).
Mr. PALLONE. Madam Speaker, I thank Chairman Smith for yielding.
I would like to speak on the Jackie Speier amendment No. 337, part of
en bloc No. 3, which directs the Secretary of Defense in coordination
with the Secretary of State to document details of the consideration of
the waiver requirements to section 907 of the FREEDOM Support Act and
report on whether security assistance to the Government of Azerbaijan
undermines a peaceful settlement to the conflict between Armenia and
Azerbaijan.
Let me just say that those of us in the Armenian Caucus have been
very concerned over the years about the constant waiver of requirements
under section 907 of the FREEDOM Support Act because the bottom line is
that Azerbaijan has continued its aggression against Armenia and
started a war against Armenia over Nagorno-Karabakh a couple of years
ago.
We don't believe there is any justification for waiving this because
of the constant threat that Azerbaijan opposes not only to Nagorno-
Karabakh but also to Armenia itself, which has continued ever since
that war.
The bottom line is we would like to see some action, if you will, to
show whether this security assistance to Azerbaijan should continue
with these constant waivers. It is really a simple request, and I would
ask our Members on both sides of the aisle to support this as part of
the en bloc No. 3.
Mr. ROGERS of Alabama. Madam Speaker, I rise in support of this
amendment and urge our colleagues to vote for it.
Madam Speaker, I reserve the balance of my time.
Mr. SMITH of Washington. Madam Speaker, we have no further speakers,
so I will urge adoption of the amendment, and I yield back the balance
of my time.
Mr. ROGERS of Alabama. Madam Speaker, I, too, urge adoption of this
en bloc package, and I yield back the balance of my time.
Mr. SMITH of New Jersey. Madam Speaker, I respectfully ask the House
today to adopt my
[[Page H6356]]
amendment--the Kyle Mullen Naval Safety Enhancements--that directs the
Secretary of Defense to conduct an appraisal of and provide recommended
policies for improved medical care and oversight of individuals in the
Navy engaged in high-stress training like the Navy SEALS to better
ensure sailor safety and prevent related long-term injury, illness, and
death.
In February of this year, my constituent Kyle Mullen passed away
after completing the rigorous training of `Hell Week' as a Navy SEAL
candidate.
The autopsy report cited pneumonia and staph infection as the cause
of death.
Kyle was an extraordinary talented and gifted young man--a true
leader who selflessly enlisted in the Navy to serve our nation and
protect our freedom.
Kyle was a world class athlete and was a basketball standout and
Captain of both Manalapan High School and Yale University Football
teams.
Kyle's mother--Regina--a nurse told me in a heartbreaking
conversation in her home that Kyle's death could have been prevented
had her son received timely medical attention.
Regina has many questions that demand answers.
Meanwhile, this grieving mom has made it clear and with great urgency
and resolve that Congress and DOD must insist that medical care,
aggressive monitoring, and oversight be provided now, without delay, to
every Navy SEAL candidate during high-stress training.
The SPEAKER pro tempore. Pursuant to House Resolution Number 1124,
the previous question is ordered on the amendments en bloc offered by
the gentleman from Washington (Mr. Smith).
The question is on the amendments en bloc.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. GOHMERT. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
{time} 2330
Amendments En Bloc No. 4 Offered by Mr. Smith of Washington
Mr. SMITH of Washington. Madam Speaker, pursuant to House Resolution
1224, I offer amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc 4 consisting of amendment Nos. 383, 385, 386, 387,
388, 389, 390, 393, 394, 396, 397, 398, 400, 401, 402, 403, 404, 405,
407, 408, 409, 411, 412, 414, 416, 417, 418, 419, 420, 421, 422, 423,
424, 425, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 438, 439,
441, 442, 443, 445, 449, 450, 452, 453, 457, 458, 459, 460, 462, 463,
464, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478,
479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492,
493, 494, 496, 497, 498, 499, 500, 501, 502, 503, 504, 505, 506, 507,
508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521,
522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535,
536, 537, 538, 539, 540, 541, and 542, printed in part A of House
Report 117-405, offered by Mr. Smith of Washington:
amendment no. 383 offered by ms. lee of california
At the end of subtitle C of title XII, add the following:
SEC. 12_. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE
AGAINST IRAQ RESOLUTION OF 2002.
The Authorization for Use of Military Force Against Iraq
Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 50
U.S.C. 1541 note) is hereby repealed.
amendment no. 385 offered by ms. spanberger of virginia
At the end of title LVIII, insert the following:
SEC. ____. REPEAL OF 1991 AUTHORIZATION FOR USE OF MILITARY
FORCE AGAINST IRAQ RESOLUTION.
The Authorization for Use of Military Force Against Iraq
Resolution (Public Law 102-1; 50 U.S.C. 1541 note) is
repealed.
amendment no. 386 offered by mr. meijer of michigan
Add at the end of subtitle B of title XIII the following:
SEC. 13__. REPEAL OF JOINT RESOLUTION TO PROMOTE PEACE AND
STABILITY IN THE MIDDLE EAST.
Effective on the date that is 90 days after the date of the
enactment of this Act, the joint resolution entitled ``A
joint resolution to promote peace and stability in the Middle
East'' (Public Law 85-7; 22 U.S.C. 1961 et seq.) is hereby
repealed.
amendment no. 387 offered by ms. lee of california
Add at the end of subtitle B of title XIII the following:
SEC. 13__. SENSE OF CONGRESS REGARDING THE INCLUSION OF
SUNSET PROVISIONS IN AUTHORIZATIONS FOR USE OF
MILITARY FORCE.
(a) Findings.--Congress makes the following findings:
(1) Article 1, Section 8, of the Constitution provides
Congress with the sole authority to ``declare war''.
(2) Legal experts who have served in both Democratic and
Republic administrations recommend the inclusion of a sunset
clause or reauthorization requirement in authorizations for
use of military force to ensure that Congress fulfills its
constitutional duty to debate and vote on whether to send
United States servicemembers into war.
(3) Sunset provisions have been included in 29 percent of
prior authorizations for use of military force and
declarations of war.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the inclusion of a sunset provision or reauthorization
requirement in authorizations for use of military force is
critical to ensuring Congress's exercise of its
constitutional duty to declare war; and
(2) any joint resolution enacted to authorize the
introduction of United States forces into hostilities or into
situations where there is a serious risk of hostilities
should include a sunset provision setting forth a date
certain for the termination of the authorization for the use
of such forces absent the enactment of a subsequent specific
statutory authorization for such use of the United States
forces.
amendment no. 388 offered by ms. spanberger of virginia
At the end of title LVIII of division E, add the following:
SEC. 5806. ONDCP SUPPLEMENTAL STRATEGIES.
Section 706(h) of the Office of National Drug Control
Policy Reauthorization Act of 1998 (21 U.S.C. 1705(h)) is
amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) develops performance measures and targets for the
National Drug Control Strategy for supplemental strategies
(the Southwest Border, Northern Border, and Caribbean Border
Counternarcotics Strategies) to effectively evaluate region-
specific goals, to the extent the performance measurement
system does not adequately measure the effectiveness of the
strategies, as determined by the Director, such strategies
may evaluate interdiction efforts at and between ports of
entry, interdiction technology, intelligence sharing,
diplomacy, and other appropriate metrics, specific to each
supplemental strategies region, as determined by the
Director.''.
amendment no. 389 offered by mr. arrington of texas
At the appropriate place in subtitle B of title XIII,
insert the following:
SEC. __. REPORT ON MEXICO.
(a) 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
the following:
(1) A description of past and current bilateral security
cooperation with Mexico, including through Northcom, the
Department of Homeland Security, and the Department of
Justice (including the Drug Enforcement Administration),
including over the preceding 10 years.
(2) A description of the benefits of partnerships with
Mexican security forces in enforcing judicial process for
violent crimes and cartels along the southern border.
(3) A description of increasing cartel control over Mexican
territory and its impacts on national security.
(4) A description of deteriorating role of electoral and
democratic institutions, including human rights violations,
and its impacts on national security.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex. The unclassified portion of such report shall be
published on a publicly available website of the Federal
government.
(c) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(3) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
Amendment No. 390 Offered by Mr. Thompson of Mississippi
Add at the end of title LVIII of division E the following:
Subtitle B--Rights for the TSA Workforce Act of 2022
SEC. 5811. SHORT TITLE.
This subtitle may be cited as the ``Rights for the
Transportation Security Administration Workforce Act of
2022'' or the ``Rights for the TSA Workforce Act of 2022''.
SEC. 5812. DEFINITIONS.
For purposes of this subtitle--
(1) the term ``adjusted basic pay'' means--
(A) the rate of pay fixed by law or administrative action
for the position held by a covered employee before any
deductions; and
[[Page H6357]]
(B) any regular, fixed supplemental payment for non-
overtime hours of work creditable as basic pay for retirement
purposes, including any applicable locality payment and any
special rate supplement;
(2) the term ``Administrator'' means the Administrator of
the Transportation Security Administration;
(3) the term ``appropriate congressional committees'' means
the Committees on Homeland Security and Oversight and Reform
of the House of Representatives and the Committees on
Commerce, Science, and Transportation and Homeland Security
and Governmental Affairs of the Senate;
(4) the term ``at-risk employee'' means a Transportation
Security Officer, Federal Air Marshal, canine handler, or any
other employee of the Transportation Security Administration
carrying out duties that require substantial contact with the
public during the COVID-19 national emergency;
(5) the term ``conversion date'' means the date as of which
subparagraphs (A) through (F) of section 5813(c)(1) take
effect;
(6) the term ``covered employee'' means an employee who
holds a covered position;
(7) the term ``covered position'' means a position within
the Transportation Security Administration;
(8) the term ``COVID-19 national emergency'' means the
national emergency declared by the President under the
National Emergencies Act (50 U.S.C. 1601 et seq.) on March
13, 2020, with respect to the coronavirus;
(9) the term ``employee'' has the meaning given such term
by section 2105 of title 5, United States Code;
(10) the term ``Secretary'' means the Secretary of Homeland
Security;
(11) the term ``TSA personnel management system'' means any
personnel management system established or modified under--
(A) section 111(d) of the Aviation and Transportation
Security Act (49 U.S.C. 44935 note); or
(B) section 114(n) of title 49, United States Code;
(12) the term ``TSA'' means the Transportation Security
Administration; and
(13) the term ``2019 Determination'' means the publication,
entitled ``Determination on Transportation Security Officers
and Collective Bargaining'', issued on July 13, 2019, by
Administrator David P. Pekoske, as modified, or any
superseding subsequent determination.
SEC. 5813. CONVERSION OF TSA PERSONNEL.
(a) Restrictions on Certain Personnel Authorities.--
(1) In general.--Notwithstanding any other provision of
law, and except as provided in paragraph (2), effective as of
the date of the enactment of this Act--
(A) any TSA personnel management system in use for covered
employees and covered positions on the day before such date
of enactment, and any TSA personnel management policy,
letter, guideline, or directive in effect on such day may not
be modified;
(B) no TSA personnel management policy, letter, guideline,
or directive that was not established before such date issued
pursuant to section 111(d) of the Aviation and Transportation
Security Act (49 U.S.C. 44935 note) or section 114(n) of
title 49, United States Code, may be established; and
(C) any authority to establish or adjust a human resources
management system under chapter 97 of title 5, United States
Code, shall terminate with respect to covered employees and
covered positions.
(2) Exceptions.--
(A) Pay.--Notwithstanding paragraph (1)(A), the limitation
in that paragraph shall not apply to any TSA personnel
management policy, letter, guideline, or directive related to
annual adjustments to pay schedules and locality-based
comparability payments in order to maintain parity with such
adjustments authorized under section 5303, 5304, 5304a, and
5318 of title 5, United States Code; and
(B) Additional policy.--Notwithstanding paragraph (1)(B),
new TSA personnel management policy may be issued if--
(i) such policy is needed to resolve a matter not
specifically addressed in policy in effect on the date of
enactment of this Act; and
(ii) the Secretary provides such policy, with an
explanation of its necessity, to the appropriate
congressional committees not later than 7 days of issuance.
(C) Emerging threats to transportation security during
transition period.--Notwithstanding paragraph (1), any TSA
personnel management policy, letter, guideline, or directive
related to an emerging threat to transportation security,
including national emergencies or disasters and public health
threats to transportation security, may be modified or
established until the conversion date. The Secretary shall
provide to the appropriate congressional committees any
modification or establishment of such a TSA personnel
management policy, letter, guideline, or directive, with an
explanation of its necessity, not later than 7 days of such
modification or establishment.
(b) Personnel Authorities During Transition Period.--Any
TSA personnel management system in use for covered employees
and covered positions on the day before the date of enactment
of this Act and any TSA personnel management policy, letter,
guideline, or directive in effect on the day before the date
of enactment of this Act shall remain in effect until the
conversion date.
(c) Transition to Title 5.--
(1) In general.--Except as provided in paragraph (2),
effective as of the date determined by the Secretary, but in
no event later than December 31, 2022--
(A) the TSA personnel management system shall cease to be
in effect;
(B) section 114(n) of title 49, United States Code, is
repealed;
(C) section 111(d) of the Aviation and Transportation
Security Act (49 U.S.C. 44935 note) is repealed;
(D) any TSA personnel management policy, letter, guideline,
and directive, including the 2019 Determination, shall cease
to be effective;
(E) any human resources management system established or
adjusted under chapter 97 of title 5, United States Code,
with respect to covered employees or covered positions shall
cease to be effective; and
(F) covered employees and covered positions shall be
subject to the provisions of title 5, United States Code.
(2) Chapters 71 and 77 of title 5.--Not later than 90 days
after the date of enactment of this Act--
(A) chapter 71 and chapter 77 of title 5, United States
Code, shall apply to covered employees carrying out screening
functions pursuant to section 44901 of title 49, United
States Code; and
(B) any policy, letter, guideline, or directive issued
under section 111(d) of the Aviation and Transportation
Security Act (49 U.S.C. 44935 note) related to matters
otherwise covered by such chapter 71 or 77 shall cease to be
in effect.
(3) Assistance of other agencies.--Not later than 180 days
after the date of enactment of this Act or December 31, 2022,
whichever is earlier--
(A) the Office of Personnel Management shall establish a
position series and classification standard for the positions
of Transportation Security Officer, Federal Air Marshal,
Transportation Security Inspector, and other positions
requested by the Administrator; and
(B) the Department of Agriculture's National Finance Center
shall make necessary changes to its Financial Management
Services and Human Resources Management Services to ensure
payroll, leave, and other personnel processing systems for
TSA personnel are commensurate with chapter 53 of title 5,
United States Code, and provide functions as needed to
implement this subtitle.
(d) Safeguards on Grievances and Appeals.--
(1) In general.--Each covered employee with a grievance or
appeal pending within TSA on the date of the enactment of
this Act or initiated during the transition period described
in subsection (c) shall have the right to have such grievance
or appeal removed to proceedings pursuant to title 5, United
States Code, or continued within the TSA.
(2) Authority.--With respect to any grievance or appeal
continued within the TSA pursuant to paragraph (1), the
Administrator may consider and finally adjudicate such
grievance or appeal notwithstanding any other provision of
this subtitle.
(3) Preservation of rights.--Notwithstanding any other
provision of law, any appeal or grievance continued pursuant
to this section that is not finally adjudicated pursuant to
paragraph (2) shall be preserved and all timelines tolled
until the rights afforded by application of chapters 71 and
77 of title 5, United States Code, are made available
pursuant to section 5813(c)(2) of this subtitle.
SEC. 5814. TRANSITION RULES.
(a) Nonreduction in Pay and Compensation.--Under pay
conversion rules as the Secretary may prescribe to carry out
this subtitle, a covered employee converted from a TSA
personnel management system to the provisions of title 5,
United States Code, pursuant to section 5813(c)(1)(F)--
(1) shall not be subject to any reduction in either the
rate of adjusted basic pay payable or law enforcement
availability pay payable to such covered employee; and
(2) shall be credited for years of service in a specific
pay band under a TSA personnel management system as if the
employee had served in an equivalent General Schedule
position at the same grade, for purposes of determining the
appropriate step within a grade at which to establish the
employee's converted rate of pay.
(b) Retirement Pay.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a proposal, including
proposed legislative changes if needed, for determining a
covered employee's average pay for purposes of calculating
the employee's retirement annuity, consistent with title 5,
United States Code, for any covered employee who retires
within three years of the conversion date, in a manner that
appropriately accounts for time in service and annual rate of
basic pay following the conversion date.
(c) Limitation on Premium Pay.--Notwithstanding section
5547 of title 5, United States Code, or any other provision
of law, a Federal Air Marshal or criminal investigator hired
prior to the date of enactment of this Act may be eligible
for premium pay up to the maximum level allowed by the
Administrator prior to the date of enactment of this Act. The
Office of Personnel Management shall recognize such premium
pay as fully creditable for the purposes of calculating pay
and retirement benefits.
(d) Preservation of Law Enforcement Availability Pay and
Overtime Pay Rates for Federal Air Marshals.--
[[Page H6358]]
(1) Leap.--Section 5545a of title 5, United States Code, is
amended by adding at the end the following:
``(l) The provisions of subsections (a)-(h) providing for
availability pay shall apply to any Federal Air Marshal who
is an employee of the Transportation Security
Administration.''.
(2) Overtime.--Section 5542 of such title is amended by
adding at the end the following:
``(i) Notwithstanding any other provision of law, a Federal
Air Marshal who is an employee of the Transportation Security
Administration shall receive overtime pay under this section,
at such a rate and in such a manner, so that such Federal Air
Marshal does not receive less overtime pay than such Federal
Air Marshal would receive were that Federal Air Marshal
subject to the overtime pay provisions of section 7 of the
Fair Labor Standards Act of 1938.''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall begin to apply on the conversion date (as that
term is defined in section 5812 of the Rights for the TSA
Workforce Act of 2022).
(e) Collective Bargaining Unit.--Notwithstanding section
7112 of title 5, United States Code, following the
application of chapter 71 pursuant to section 5813(c)(2) of
this subtitle, full- and part-time non-supervisory
Transportation Security Administration personnel carrying out
screening functions under section 44901 of title 49, United
States Code, shall remain eligible to form a collective
bargaining unit.
(f) Preservation of Other Rights.--The Secretary shall take
any actions necessary to ensure that the following rights are
preserved and available for each covered employee as of the
conversion date and any covered employee appointed after the
conversion date, and continue to remain available to covered
employees after the conversion date:
(1) Any annual leave, sick leave, or other paid leave
accrued, accumulated, or otherwise available to a covered
employee immediately before the conversion date shall remain
available to the employee until used, subject to any
limitation on accumulated leave under chapter 63 of title 5,
United States Code.
(2) Part-time personnel carrying out screening functions
under section 44901 of title 49, United States Code, pay
Federal Employees Health Benefits premiums on the same basis
as full-time TSA employees.
(3) Covered employees are provided appropriate leave during
national emergencies to assist the covered employees and
ensure TSA meets mission requirements, notwithstanding
section 6329a of title 5, United States Code.
(4) Eligible covered employees carrying out screening
functions under section 44901 of title 49, United States
Code, receive a split-shift differential for regularly
scheduled split-shift work as well as regularly scheduled
overtime and irregular and occasional split-shift work.
(5) Eligible covered employees receive group retention
incentives, as appropriate, notwithstanding sections 5754(c),
(e), and (f) of title 5, United States Code.
SEC. 5815. CONSULTATION REQUIREMENT.
(a) Exclusive Representative.--
(1) In general.--
(A) Beginning on the date chapter 71 of title 5, United
States Code, begins to apply to covered employees pursuant to
section 5813(c)(2), the labor organization certified by the
Federal Labor Relations Authority on June 29, 2011, or any
successor labor organization, shall be treated as the
exclusive representative of full- and part-time non-
supervisory TSA personnel carrying out screening functions
under section 44901 of title 49, United States Code, and
shall be the exclusive representative for such personnel
under chapter 71 of title 5, United States Code, with full
rights under such chapter.
(B) Nothing in this subsection shall be construed to
prevent covered employees from selecting an exclusive
representative other than the labor organization described
under paragraph (1) for purposes of collective bargaining
under such chapter 71.
(2) National level.--Notwithstanding any provision of such
chapter 71, collective bargaining for any unit of covered
employees shall occur at the national level, but may be
supplemented by local level bargaining and local level
agreements in furtherance of elements of a national agreement
or on local unit employee issues not otherwise covered by a
national agreement. Such local-level bargaining and local-
level agreements shall occur only by mutual consent of the
exclusive representative of full and part-time non-
supervisory TSA personnel carrying out screening functions
under section 44901 of title 49, United States Code, and a
TSA Federal Security Director or their designee.
(3) Current agreement.--Any collective bargaining agreement
covering such personnel in effect on the date of enactment of
this Act shall remain in effect until a collective bargaining
agreement is entered into under such chapter 71, unless the
Administrator and exclusive representative mutually agree to
revisions to such agreement.
(b) Consultation Process.--Not later than seven days after
the date of the enactment of this Act, the Secretary shall
consult with the exclusive representative for the personnel
described in subsection (a) under chapter 71 of title 5,
United States Code, on the formulation of plans and deadlines
to carry out the conversion of full- and part-time non-
supervisory TSA personnel carrying out screening functions
under section 44901 of title 49, United States Code, under
this subtitle. Prior to the date such chapter 71 begins to
apply pursuant to section 5813(c)(2), the Secretary shall
provide (in writing) to such exclusive representative the
plans for how the Secretary intends to carry out the
conversion of such personnel under this subtitle, including
with respect to such matters as--
(1) the anticipated conversion date; and
(2) measures to ensure compliance with sections 5813 and
5814.
(c) Required Agency Response.--If any views or
recommendations are presented under subsection (b) by the
exclusive representative, the Secretary shall consider the
views or recommendations before taking final action on any
matter with respect to which the views or recommendations are
presented and provide the exclusive representative a written
statement of the reasons for the final actions to be taken.
SEC. 5816. NO RIGHT TO STRIKE.
Nothing in this subtitle may be considered--
(1) to repeal or otherwise affect--
(A) section 1918 of title 18, United States Code (relating
to disloyalty and asserting the right to strike against the
Government); or
(B) section 7311 of title 5, United States Code (relating
to loyalty and striking); or
(2) to otherwise authorize any activity which is not
permitted under either provision of law cited in paragraph
(1).
SEC. 5817. PROPOSAL ON HIRING AND CONTRACTING BACKGROUND
CHECK REQUIREMENTS.
Not later than one year after the date of enactment of this
Act, the Secretary shall submit a plan to the appropriate
congressional committees on a proposal to harmonize and
update, for the purposes of hiring and for authorizing or
entering into any contract for service, the restrictions in
section 70105(c) of title 46, United States Code, (relating
to the issuance of transportation security cards) and section
44936 of title 49, United States Code, (relating to security
screener employment investigations and restrictions).
SEC. 5818. COMPTROLLER GENERAL REVIEWS.
(a) Review of Recruitment.--Not later than one year after
the date of the enactment of this Act, the Comptroller
General shall submit to Congress a report on the efforts of
the TSA regarding recruitment, including recruitment efforts
relating to veterans and the dependents of veterans and
members of the Armed Forces and the dependents of such
members. Such report shall also include recommendations
regarding how the TSA may improve such recruitment efforts.
(b) Review of Implementation.--Not later than 60 days after
the conversion date, the Comptroller General shall commence a
review of the implementation of this subtitle. The
Comptroller General shall submit to Congress a report on its
review no later than one year after such conversion date.
(c) Review of Promotion Policies and Leadership
Diversity.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress a report on the efforts of the TSA to ensure that
recruitment, hiring, promotion, and advancement opportunities
are equitable and provide for demographics among senior
leadership that are reflective of the United States'
workforce demographics writ large. Such report shall, to the
extent possible, include an overview and analysis of the
current demographics of TSA leadership and, as appropriate,
recommendations to improve hiring and promotion procedures
and diversity in leadership roles that may include
recommendations for how TSA can better promote from within
and retain and advance its workers.
(d) Review of Harassment and Assault Policies and
Protections.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress a report on the efforts of the TSA to ensure the
safety of its staff with regards to harassment and assault in
the workplace, such as incidents of sexual harassment and
violence and harassment and violence motivated by an
individual's perceived race, ethnicity, religion, gender
identity or sexuality, and including incidents where the
alleged perpetrator or perpetrators are members of the
general public. Such report shall include an overview and
analysis of the current TSA policies and response procedures,
a detailed description of if, when, and how these policies
fail to adequately protect TSA personnel, and, as
appropriate, recommendations for steps the TSA can take to
better protect its employees from harassment and violence in
their workplace. In conducting its review, the Comptroller
General shall provide opportunities for TSA employees of all
levels and positions, and unions and associations
representing such employees, to submit comments, including in
an anonymous form, and take those comments into account in
its final recommendations.
SEC. 5819. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the TSA's personnel system provides insufficient
benefits and workplace protections to the workforce that
secures the nation's transportation systems and that the
TSA's workforce should be provided protections and benefits
under title 5, United States Code; and
(2) the provision of these title 5 protections and benefits
should not result in a reduction of pay or benefits to
current TSA employees.
[[Page H6359]]
SEC. 5820. ASSISTANCE FOR FEDERAL AIR MARSHAL SERVICE.
The Administrator may communicate with organizations
representing a significant number of Federal Air Marshals, to
the extent provided by law, to address concerns regarding
Federal Air Marshals related to the following:
(1) Mental health.
(2) Suicide rates.
(3) Morale and recruitment.
(4) Equipment and training.
(5) Work schedules and shifts, including mandated periods
of rest.
(6) Any other personnel issues the Administrator determines
appropriate.
SEC. 5821. PREVENTION AND PROTECTION AGAINST CERTAIN ILLNESS.
The Administrator, in coordination with the Director of the
Centers for Disease Control and Prevention and the Director
of the National Institute of Allergy and Infectious Diseases,
shall ensure that covered employees are provided proper
guidance regarding prevention and protections against the
COVID-19 National Emergency, including appropriate resources.
SEC. 5822. HAZARDOUS DUTY PAYMENTS.
Subject to the availability of appropriations, and not
later than 90 days after receiving such appropriations, the
Administrator shall provide a one-time bonus payment of
$3,000 to each at-risk employee.
SEC. 5823. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary, to remain available until expended, to carry out
this subtitle.
SEC. 5824. STUDY ON FEASIBILITY OF COMMUTING BENEFITS.
Not later than 270 days after the enactment of this Act,
the Administrator shall submit to the appropriate
congressional committees a feasibility study on allowing
covered employees carrying out screening functions under
section 44901 of title 49, United States Code, to treat as
hours of employment time spent by such employees regularly
traveling between airport parking lots and bus and transit
stops and screening checkpoints before and after the regular
work day. In conducting such study, the Administrator shall
consider--
(1) the amount of time needed to travel to and from airport
parking lots and bus and transit stops at representative
airports of various sizes;
(2) the feasibility of using mobile phones and location
data to allow employees to report their arrival to and
departure from airport parking lots and bus and transit
stops; and
(3) the estimated costs of providing such benefits.
SEC. 5825. BRIEFING ON ASSAULTS AND THREATS ON TSA EMPLOYEES.
Not later than 90 days after the date of the enactment of
this Act, the Administrator shall brief the appropriate
congressional committees regarding the following:
(1) Reports to the Administrator of instances of physical
or verbal assault or threat made by a member of the general
public against a covered employee engaged in carrying out
screening functions under section 44901 of title 49, United
States Code, since January 1, 2019.
(2) Procedures for reporting such assaults and threats,
including information on how the Administrator communicates
the availability of such procedures.
(3) Any steps taken by TSA to prevent and respond to such
assaults and threats.
(4) Any related civil actions and criminal referrals made
annually since January 1, 2019.
(5) Any additional authorities needed by the Administrator
to better prevent or respond to such assaults and threats.
SEC. 5826. ANNUAL REPORTS ON TSA WORKFORCE.
Not later than one year after the date of the enactment of
this Act and annually thereafter, the Administrator shall
submit to the appropriate congressional committees a report
that contains the following:
(1) An analysis of the Office of Personnel Management's
Federal Employee Viewpoint Survey (FEVS) to determine job
satisfaction rates of covered employees.
(2) Information relating to retention rates of covered
employees at each airport, including transfers, in addition
to aggregate retention rates of covered employees across the
TSA workforce.
(3) Information relating to actions taken by the TSA
intended to improve workforce morale and retention.
Amendment No. 393 Offered by Mr. Himes of Connecticut
Add at the end of title LIV of division E the following:
SEC. 5403. SPECIAL MEASURES TO FIGHT MODERN THREATS.
(a) Findings.--Congress finds the following:
(1) The Financial Crimes Enforcement Network (FinCEN) is
the Financial Intelligence Unit of the United States tasked
with safeguarding the financial system from illicit use,
combating money laundering and its related crimes including
terrorism, and promoting national security.
(2) Per statute, FinCEN may require domestic financial
institutions and financial agencies to take certain ``special
measures'' against jurisdictions, institutions, classes of
transactions, or types of accounts determined to be of
primary money laundering concern, providing the Secretary
with a range of options, such as enhanced record-keeping,
that can be adapted to target specific money laundering and
terrorist financing and to bring pressure on those that pose
money laundering threats.
(3) This special-measures authority was granted in 2001,
when most cross-border transactions occurred through
correspondent or payable-through accounts held with large
financial institutions which serve as intermediaries to
facilitate financial transactions on behalf of other banks.
(4) Innovations in financial services have transformed and
expanded methods of cross-border transactions that could not
have been envisioned 20 years ago when FinCEN was given its
special-measures authority.
(5) These innovations, particularly through digital assets
and informal value transfer systems, while useful to
legitimate consumers and law enforcement, can be tools abused
by bad actors like sanctions evaders, fraudsters, money
launderers, and those who commit ransomware attacks on
victimized U.S. companies and which abuse the financial
system to move and obscure the proceeds of their crimes.
(6) Ransomware attacks on U.S. companies requiring payments
in cryptocurrencies have increased in recent years, with the
U.S. Treasury estimating that ransomware payments in the
United States reached $590 million in just the first half of
2021, compared to a total of $416 million in 2020.
(7) As ransomware attacks organized by Chinese and other
foreign bad actors continue to grow in size and scope,
modernizing FinCEN's special measure authorities will empower
FinCEN to adapt its existing tools, monitor and obstruct
global financial threats, and meet the challenges of
combating 21st century financial crime.
(b) Prohibitions or Conditions on Certain Transmittals of
Funds.--Section 5318A of title 31, United States Code, is
amended--
(1) in subsection (a)(2)(C), by striking ``subsection
(b)(5)'' and inserting ``paragraphs (5) and (6) of subsection
(b)''; and
(2) in subsection (b)--
(A) in paragraph (5), by striking ``for or on behalf of a
foreign banking institution''; and
(B) by adding at the end the following:
``(6) Prohibitions or conditions on certain transmittals of
funds.--If the Secretary finds a jurisdiction outside of the
United States, 1 or more financial institutions operating
outside of the United States, 1 or more types of accounts
within, or involving, a jurisdiction outside of the United
States, or 1 or more classes of transactions within, or
involving, a jurisdiction outside of the United States to be
of primary money laundering concern, the Secretary, in
consultation with the Secretary of State, the Attorney
General, and the Chairman of the Board of Governors of the
Federal Reserve System, may prohibit, or impose conditions
upon certain transmittals of funds (as such term may be
defined by the Secretary in a special measure issuance, by
regulation, or as otherwise permitted by law), to or from any
domestic financial institution or domestic financial agency
if such transmittal of funds involves any such jurisdiction,
institution, type of account, or class of transaction.''.
Amendment No. 394 Offered by Mr. Meeks of new york
Add at the end of title LIV of division E the following:
SEC. 5403. SUBMISSION OF DATA RELATING TO DIVERSITY.
Section 13 of the Securities Exchange Act of 1934 (15
U.S.C. 78m) is amended by adding at the end the following:
``(s) Submission of Data Relating to Diversity.--
``(1) Definitions.--In this subsection--
``(A) the term `executive officer' has the meaning given
the term in section 230.501(f) of title 17, Code of Federal
Regulations, as in effect on the date of enactment of this
subsection; and
``(B) the term `veteran' has the meaning given the term in
section 101 of title 38, United States Code.
``(2) Submission of disclosure.--Each issuer required to
file an annual report under subsection (a) shall disclose in
any proxy statement and any information statement relating to
the election of directors filed with the Commission the
following:
``(A) Demographic data, based on voluntary self-
identification, on the racial, ethnic, gender identity, and
sexual orientation composition of--
``(i) the board of directors of the issuer;
``(ii) nominees for the board of directors of the issuer;
and
``(iii) the executive officers of the issuer.
``(B) The status of any member of the board of directors of
the issuer, any nominee for the board of directors of the
issuer, or any executive officer of the issuer, based on
voluntary self-identification, as a veteran.
``(C) Whether the board of directors of the issuer, or any
committee of that board of directors, has, as of the date on
which the issuer makes a disclosure under this paragraph,
adopted any policy, plan, or strategy to promote racial,
ethnic, and gender diversity among--
``(i) the board of directors of the issuer;
``(ii) nominees for the board of directors of the issuer;
or
``(iii) the executive officers of the issuer.
``(3) Alternative submission.--In any 1-year period in
which an issuer required to file an annual report under
subsection (a) does not file with the Commission a proxy
statement or an information statement relating to the
election of directors, the issuer
[[Page H6360]]
shall disclose the information required under paragraph (2)
in the first annual report of issuer that the issuer submits
to the Commission after the end of that 1-year period.
``(4) Annual report.--Not later than 18 months after the
date of enactment of this subsection, and annually
thereafter, the Commission shall submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives, and publish on the website of the
Commission, a report that analyzes the information disclosed
under paragraphs (2) and (3) and identifies any trends with
respect to such information.
``(5) Best practices.--
``(A) In general.--The Director of the Office of Minority
and Women Inclusion of the Commission shall, not later than 3
years after the date of enactment of this subsection, and
every 3 years thereafter, publish best practices for
compliance with this subsection.
``(B) Comments.--The Director of the Office of Minority and
Women Inclusion of the Commission may, pursuant to subchapter
II of chapter 5 of title 5, United States Code, solicit
public comments related to the best practices published under
subparagraph (A).''.
SEC. 5404. DIVERSITY ADVISORY GROUP.
(a) Definitions.--For the purposes of this section:
(1) Advisory group.--The term ``Advisory Group'' means the
Diversity Advisory Group established under subsection (b).
(2) Commission.--The term ``Commission'' means the
Securities and Exchange Commission.
(3) Issuer.--The term ``issuer'' has the meaning given the
term in section 3(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a)).
(b) Establishment.--The Commission shall establish a
Diversity Advisory Group, which shall be composed of
representatives from--
(1) the Federal Government and State and local governments;
(2) academia; and
(3) the private sector.
(c) Study and Recommendations.--The Advisory Group shall--
(1) carry out a study that identifies strategies that can
be used to increase gender identity, racial, ethnic, and
sexual orientation diversity among members of boards of
directors of issuers; and
(2) not later than 270 days after the date on which the
Advisory Group is established, submit to the Commission, the
Committee on Banking, Housing, and Urban Affairs of the
Senate, and the Committee on Financial Services of the House
of Representatives a report that--
(A) describes any findings from the study conducted under
paragraph (1); and
(B) makes recommendations regarding strategies that issuers
could use to increase gender identity, racial, ethnic, and
sexual orientation diversity among board members.
(d) Annual Report.--Not later than 1 year after the date on
which the Advisory Group submits the report required under
subsection (c)(2), and annually thereafter, the Commission
shall submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives a report that describes the
status of gender identity, racial, ethnic, and sexual
orientation diversity among members of the boards of
directors of issuers.
(e) Public Availability of Reports.--The Commission shall
make all reports of the Advisory Group available to issuers
and the public, including on the website of the Commission.
(f) Inapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply with respect to the Advisory Group or the activities of
the Advisory Group.
Amendment No. 396 Offered by Ms. Brownley of California
At the end of title LI, insert the following new section:
SEC. 51__. LIMITATION ON COPAYMENTS FOR CONTRACEPTION.
Section 1722A(a)(2) of title 38, United States Code, is
amended--
(1) by striking ``to pay'' and all that follows through the
period and inserting ``to pay--''; and
(2) by adding at the end the following new subparagraphs:
``(A) an amount in excess of the cost to the Secretary for
medication described in paragraph (1); or
``(B) an amount for any contraceptive item for which
coverage under health insurance coverage is required without
the imposition of any cost-sharing requirement pursuant to
section 2713(a)(4) of the Public Health Service Act (42
U.S.C. 300gg-13(a)(4)).''.
Amendment No. 397 Offered by Mr. Garamendi of California
At the end of subtitle B of title III, insert the following
new section:
SEC. 3__. CLARIFICATION AND REQUIREMENT FOR DEPARTMENT OF
DEFENSE RELATING TO RENEWABLE BIOMASS AND
BIOGAS.
(a) Clarification of Renewable Energy Sources.--Section
2924 of title 10, United States Code, is amended--
(1) in paragraph (6)--
(A) by redesignating subparagraphs (D) through (I) as
subparagraphs (E) through (J), respectively; and
(B) by inserting after subparagraph (C) the following new
subparagraph:
``(D) Biogas.''; and
(2) by adding at the end the following new paragraphs:
``(7) The term `biomass' has the meaning given the term
`renewable biomass' in section 211(o)(1) of the Clean Air Act
(42 U.S.C. 7545(o)(1)), and the regulations thereunder.
``(8) The term `biogas' means biogas as such term is used
in section 211(o)(1)(B)(ii)(V) of the Clean Air Act (42
U.S.C. 7545(o)(1)(B)(ii)(V)), and the regulations
thereunder.''.
(b) Requirement.--With respect to any energy-related
activity carried out pursuant to chapter 173 of title 10,
United States Code, biomass and biogas (as such terms are
defined in section 2924 of such title, as amended by
subsection (a)) shall be considered an eligible energy source
for purposes of such activity.
Amendment no. 398 offered by Ms. Ross of North Carolina
At the end of title LV, add the following:
SEC. __. LEASING ON THE OUTER CONTINENTAL SHELF.
(a) Leasing Authorized.--Notwithstanding the Presidential
Memorandum entitled ``Memorandum on the Withdrawal of Certain
Areas of the United States Outer Continental Shelf from
Leasing Disposition'' (issued September 8, 2020) and the
Presidential Memorandum entitled ``Presidential Determination
on the Withdrawal of Certain Areas of the United States Outer
Continental Shelf from Leasing Disposition'' (issued
September 25, 2020), the Secretary of the Interior is
authorized to grant leases pursuant to section 8(p)(1)(C) of
the Outer Continental Shelf Lands Act (43 U.S.C.
1337(p)(1)(C)) in the South Atlantic Planning Area, the
Straits of Florida Planning Area, and the Mid Atlantic
Planning Area designated by the Bureau of Ocean Energy
Management as of September 25, 2020.
(b) Withdrawals.--Any Presidential withdrawal of an area of
the Outer Continental Shelf from leasing under section 12(a)
of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(a))
issued after the date of enactment of this section shall
apply only to leasing authorized under subsections (a) and
(i) of section 8 of the Outer Continental Shelf Lands Act (43
U.S.C. 1337(a) and 1337(i)), unless the withdrawal explicitly
applies to other leasing authorized under such Act.
Amendment No. 400 Offered by Ms. Williams of Georgia
At the end of title LIII of division E, add the following:
SEC. __. PERMITTING USE OF HIGHWAY TRUST FUND FOR
CONSTRUCTION OF CERTAIN NOISE BARRIERS.
(a) In General.--Section 339(b) of the National Highway
System Designation Act of 1995 (23 U.S.C. 109 note) is
amended to read as follows:
``(1) General rule.--No funds made available out of the
Highway Trust Fund may be used to construct a Type II noise
barrier (as defined by section 772.5 of title 23, Code of
Federal Regulations) pursuant to subsections (h) and (i) of
section 109 of title 23, United States Code.
``(2) Exceptions.--Paragraph (1) shall not apply to
construction or preservation of a Type II noise barrier if
such a barrier--
``(A) was not part of a project approved by the Secretary
before November 28, 1995;
``(B) is proposed along lands that were developed or were
under substantial construction before approval of the
acquisition of the rights-of-ways for, or construction of,
the existing highway; or
``(C) as determined and applied by the Secretary, separates
a highway or other noise corridor from a group of structures
of which the majority of such structures closest to the
highway or noise corridor--
``(i) are residential in nature; and
``(ii) are at least 10 years old as of the date of the
proposal of the barrier project.''.
(b) Eligibility for Surface Transportation Block Grant
Funds.--Section 133 of title 23, United States Code, is
amended--
(1) in subsection (b) by adding at the end the following:
``(25) Planning, design, preservation, or construction of a
Type II noise barrier (as described in section 772.5 of title
23, Code of Federal Regulations) and consistent with the
requirements of section 339(b) of the National Highway System
Designation Act of 1995 (23 U.S.C. 109 note).''; and
(2) in subsection (c)(2) by striking ``and paragraph (23)''
and inserting ``, paragraph (23), and paragraph (25)''.
(c) Multipurpose Noise Barriers.--
(1) In general.--The Secretary of Transportation shall
ensure that a noise barrier constructed or preserved under
section 339(b) of the National Highway System Designation Act
of 1995 (23 U.S.C. 109 note) or with funds made available
under title 23, United States Code, may be a multipurpose
noise barrier.
(2) State approval.--A State, on behalf of the Secretary,
may approve accommodation of a secondary beneficial use on a
noise barrier within a right-of-way on a Federal-aid highway.
(3) Definitions.--In this subsection:
(A) Multipurpose noise barrier.--The term ``multipurpose
noise barrier'' means any noise barrier that provides a
secondary beneficial use, including a barrier that hosts or
accommodates renewable energy generation facilities,
electrical transmission and distribution infrastructure, or
broadband infrastructure and conduit.
[[Page H6361]]
(B) Secondary beneficial use.--The term ``secondary
beneficial use'' means an environmental, economic, or social
benefit in addition to highway noise mitigation.
(d) Aesthetics.--A project sponsor constructing or
preserving a noise barrier under section 339(b) of the
National Highway System Designation Act of 1995 (23 U.S.C.
109 note) or with funds made available under title 23, United
States Code, shall consider the aesthetics of the proposed
noise barrier, consistent with latest version of the Noise
Barrier Design Handbook published by the Federal Highway
Administration of the Department of Transportation.
Amendment No. 401 Offered by Mrs. Beatty of Ohio
At the end title LIV add the following:
SEC. 54__. DISCOUNT ON MORTGAGE INSURANCE PREMIUM PAYMENTS
FOR FIRST-TIME HOMEBUYERS WHO COMPLETE
FINANCIAL LITERACY HOUSING COUNSELING PROGRAMS.
The second sentence of subparagraph (A) of section
203(c)(2) of the National Housing Act (12 U.S.C.
1709(c)(2)(A)) is amended--
(1) by inserting before the comma the following: ``and such
program is completed before the mortgagor has signed an
application for a mortgage to be insured under this title or
a sales agreement''; and
(2) by striking ``not exceed 2.75 percent of the amount of
the original insured principal obligation of the mortgage''
and inserting ``be 25 basis points lower than the premium
payment amount established by the Secretary under the first
sentence of this subparagraph''.
Amendment No. 402 Offered by Ms. Slotkin of Michigan
Add at the end of title LVIII of division E the following:
SEC. ___. SUPPORT FOR AFGHANS APPLYING FOR STUDENT VISAS.
(a) Exception With Respect to Residence.--To be eligible as
a nonimmigrant described in section 101(a)(15)(F) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)), a
national of Afghanistan or a person with no nationality who
last habitually resided in Afghanistan shall meet all
requirements for such nonimmigrant status except they shall
not need to demonstrate residence in Afghanistan or an
intention not to abandon such residence.
(b) Applicability.--
(1) In general.--The exception under subsection (a) shall
apply beginning on the date of the enactment of this Act and
ending on the date that is two years after the date of the
enactment of this Act.
(2) Extension.--The Secretary of Homeland Security, in
consultation with the Secretary of State, shall periodically
review the country conditions in Afghanistan and may renew
the exception under subsection (a) in 18 month increments
based on such conditions.
Amendment No. 403 Offered by Ms. Ross of North Carolina
Add at the end of title LVIII of division E the following:
SEC. 28__. IMMIGRATION AGE-OUT PROTECTIONS.
(a) Age-out Protections for Immigrants.--
(1) In general.--Section 101(b) of the Immigration and
Nationality Act (8 U.S.C. 1101(b)) is amended by adding at
the end the following:
``(6) A determination of whether an alien is a child shall
be made as follows:
``(A) For purposes of a petition under section 204 and a
subsequent application for an immigrant visa or adjustment of
status, such determination shall be made using the age of the
alien on the date that is the priority date for the principal
beneficiary and all derivative beneficiaries under section
203(h).
``(B) For purposes of a petition under section 214(d) and a
subsequent application for adjustment of status under section
245(d), such determination shall be made using the age of the
alien on the date on which the petition is filed with the
Secretary of Homeland Security.
``(C) In the case of a petition under section 204 filed for
an alien's classification as a married son or daughter of a
United States citizen under section 203(a)(3), if the
petition is later converted, due to the legal termination of
the alien's marriage, to a petition to classify the alien as
an immediate relative under section 201(b)(2)(A)(i) or as an
unmarried son or daughter of a United States citizen under
section 203(a)(1), the determination of the alien's age shall
be made using the age of the alien on the date of the
termination of the marriage.
``(D) For an alien who was in status as a dependent child
of a nonimmigrant pursuant to an approved employment-based
petition under section 214 or an approved application under
section 101(a)(15)(E) for an aggregate period of eight years
prior to the age of 21, notwithstanding subparagraphs (A)
through (C), the alien's age shall be based on the date that
such initial nonimmigrant employment-based petition or
application was filed.
``(E) For an alien who has not sought to acquire status of
an alien lawfully admitted for permanent residence within two
years of an immigrant visa number becoming available to such
alien, the alien's age shall be their biological age unless
the failure to seek to acquire status was due to
extraordinary circumstances.
``(7) An alien who has reached 21 years of age and has been
admitted under section 203(d) as a lawful permanent resident
on a conditional basis as the child of an alien lawfully
admitted for permanent residence under section 203(b)(5),
whose lawful permanent resident status on a conditional basis
is terminated under section 216A or section 203(b)(5)(M),
shall continue to be considered a child of the principal
alien for the purpose of a subsequent immigrant petition by
such alien under section 203(b)(5) if the alien remains
unmarried and the subsequent petition is filed by the
principal alien not later than 1 year after the termination
of conditional lawful permanent resident status. No alien
shall be considered a child under this paragraph with respect
to more than 1 petition filed after the alien reaches 21
years of age.''.
(2) Technical and conforming amendment.--Section 201 of the
Immigration and Nationality Act (8 U.S.C. 1151) is amended by
striking subsection (f).
(3) Effective date.--
(A) In general.--The amendments made by this section shall
be effective as if included in the Child Status Protection
Act (Public Law 107-208).
(B) Motion to reopen or reconsider.--
(i) In general.--A motion to reopen or reconsider the
denial of a petition or application described in paragraph
(6) of section 101(b), as amended in paragraph (1), may be
granted if--
(I) such petition or application would have been approved
if the amendments described in such paragraph had been in
effect at the time of adjudication of the petition or
application;
(II) the individual seeking relief pursuant to such motion
was in the United States at the time the underlying petition
or application was filed; and
(III) such motion is filed with the Secretary of Homeland
Security or the Attorney General not later than the date that
is 2 years after the date of the enactment of this Act.
(ii) Numerical limitations.--Notwithstanding any other
provision of law, an individual granted relief pursuant to
such motion to reopen or reconsider shall be exempt from
numerical limitations in sections 201, 202, and 203 of the
Immigration and Nationality Act (8 U.S.C. 1151, 1152, and
1153).
(b) Age Out Protections for Nonimmigrant Dependent
Children.--Section 214 of the Immigration and Nationality Act
(8 U.S.C. 1184) is amended by adding at the end the
following:
``(s)(1) Except as described in paragraph (2), the
determination of whether an alien who is the derivative
beneficiary of a properly filed pending or approved immigrant
petition under section 204 is eligible to be a dependent
child of a nonimmigrant admitted pursuant to an approved
employer petition under this section or approved application
under section 101(a)(15)(E), shall be based on whether the
alien is determined to be a child under section 101(b)(6) of
the Immigration and Nationality Act.
``(2) If otherwise eligible, an alien who is determined to
be a child pursuant to section 101(b)(6)(D) may change status
to or extend status as a dependent child of a nonimmigrant
with an approved employment based petition under this section
or an approved application under section 101(a)(15)(E),
notwithstanding such alien's marital status.
``(3) An alien who is admitted to the United States as a
dependent child of a nonimmigrant who is described in this
section is authorized to engage in employment in the United
States incident to status.''.
(c) Priority Date Retention.--Section 203(h) of the
Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended
to read as follows:
``(h) Retention of Priority Dates.--
``(1) Priority date.--The priority date for an alien shall
be the date that is the earliest of--
``(A) the date that a petition under section 204 is filed
with the Secretary of Homeland Security (or the Secretary of
State, if applicable); or
``(B) the date on which a labor certification is filed with
the Secretary of Labor.
``(2) Retention.--The principal beneficiary and all
derivative beneficiaries shall retain the priority date
associated with the earliest of any approved petition or
labor certification and such priority date shall be
applicable to any subsequently approved petition.''.
SEC. 28__. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``$7,500,000,000'' and
inserting ``$7,279,000,000''.
Amendment No. 404 Offered by Mr. Cicilline of Rhode Island
At the end of title LIII of division E, add the following:
SEC. 5306. ESTABLISHMENT OF SOUTHERN NEW ENGLAND REGIONAL
COMMISSION.
(a) Establishment.--Section 15301(a) of title 40, United
States Code, is amended by adding at the end the following:
``(4) The Southern New England Regional Commission.''.
(b) Designation of Region.--
(1) In general.--Subchapter II of chapter 157 of such title
is amended by adding at the end the following:
``Sec. 15734. Southern New England Regional Commission
``The region of the Southern New England Regional
Commission shall include the following counties:
[[Page H6362]]
``(1) Rhode island.--Each county in the State of Rhode
Island.
``(2) Connecticut.--The counties of Hartford, New Haven,
Windham, Tolland, Middlesex, and New London in the State of
Connecticut.
``(3) Massachusetts.--The counties of Hampden, Plymouth,
Barnstable, Essex, Worcester, and Bristol in the State of
Massachusetts.''.
(2) Technical and conforming amendment.--The analysis for
Subchapter II of chapter 157 of such title is amended by
adding at the end the following:
``15734. Southern New England Regional Commission.''.
(c) Authorization of Appropriations.--The authorization of
appropriations in section 15751 of title 40, United States
Code, shall apply with respect to the Southern New England
Regional Commission beginning with fiscal year 2023.
Amendment No. 405 Offered by Mr. Pappas of New Hampshire
At the end of title LVIII of division E, insert the
following:
SEC. ___. CLEAN WATER ACT EFFLUENT LIMITATIONS GUIDELINES AND
STANDARDS AND WATER QUALITY CRITERIA FOR PFAS.
(a) Deadlines.--
(1) Water quality criteria.--Not later than the date that
is 3 years after the date of enactment of this Act, the
Administrator shall publish in the Federal Register human
health water quality criteria under section 304(a)(1) of the
Federal Water Pollution Control Act (33 U.S.C. 1314(a)(1)) to
address each measurable perfluoroalkyl substance,
polyfluoroalkyl substance, and class of those substances.
(2) Effluent limitations guidelines and standards for
priority industry categories.--Not later than the following
dates, the Administrator shall publish in the Federal
Register a final rule establishing effluent limitations
guidelines and standards, in accordance with the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.), for
each of the following industry categories for the discharge
(including a discharge into a publicly owned treatment works)
of each measurable perfluoroalkyl substance, polyfluoroalkyl
substance, or class of those substances:
(A) During calendar year 2024.--Not later than June 30,
2024, for the following point source categories:
(i) Organic chemicals, plastics, and synthetic fibers, as
identified in part 414 of title 40, Code of Federal
Regulations (or successor regulations).
(ii) Electroplating, as identified in part 413 of title 40,
Code of Federal Regulations (or successor regulations).
(iii) Metal finishing, as identified in part 433 of title
40, Code of Federal Regulations (or successor regulations).
(B) During calendar year 2025.--Not later than June 30,
2025, for the following point source categories:
(i) Textile mills, as identified in part 410 of title 40,
Code of Federal Regulations (or successor regulations).
(ii) Electrical and electronic components, as identified in
part 469 of title 40, Code of Federal Regulations (or
successor regulations).
(iii) Landfills, as identified in part 445 of title 40,
Code of Federal Regulations (or successor regulations).
(C) During calendar year 2026.--Not later than December 31,
2026, for the following point source categories:
(i) Leather tanning and finishing, as identified in part
425 of title 40, Code of Federal Regulations (or successor
regulations).
(ii) Paint formulating, as identified in part 446 of title
40, Code of Federal Regulations (or successor regulations).
(iii) Plastics molding and forming, as identified in part
463 of title 40, Code of Federal Regulations (or successor
regulations).
(b) Additional Monitoring Requirements.--
(1) In general.--Effective beginning on the date of
enactment of this Act, the Administrator shall require
monitoring of the discharges (including discharges into a
publicly owned treatment works) of each measurable
perfluoroalkyl substance, polyfluoroalkyl substance, and
class of those substances for the point source categories and
entities described in paragraph (2). The monitoring
requirements under this paragraph shall be included in any
permits issued under section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342) after the date of
enactment of this Act.
(2) Categories described.--The point source categories and
entities referred to in paragraphs (1) and (3) are each of
the following:
(A) Pulp, paper, and paperboard, as identified in part 430
of title 40, Code of Federal Regulations (or successor
regulations).
(B) Airports (as defined in section 47102 of title 49,
United States Code).
(3) Determination.--
(A) In general.--Not later than December 31, 2023, the
Administrator shall make a determination--
(i) to commence developing effluent limitations and
standards for the point source categories and entities listed
in paragraph (2); or
(ii) that effluent limitations and standards are not
feasible for those point source categories and entities,
including an explanation of the reasoning for this
determination.
(B) Requirement.--Any effluent limitations and standards
for the point source categories and entities listed in
paragraph (2) shall be published in the Federal Register by
not later than December 31, 2027.
(c) Notification.--The Administrator shall notify the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and
Public Works of the Senate of each publication made under
this section.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
section $12,000,000 for fiscal year 2023, to remain available
until expended.
(e) Definitions.--In this section:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``effluent limitation'' has the meaning given
the term in section 502 of the Federal Water Pollution
Control Act (33 U.S.C. 1362).
(3) The term ``measurable'', with respect to a chemical
substance or class of chemical substances, means capable of
being measured using test procedures established under
section 304(h) of the Federal Water Pollution Control Act (33
U.S.C. 1314(h)).
(4) The term ``perfluoroalkyl substance'' means a chemical
of which all of the carbon atoms are fully fluorinated carbon
atoms.
(5) The term ``polyfluoroalkyl substance'' means a chemical
containing at least 1 fully fluorinated carbon atom and at
least 1 carbon atom that is not a fully fluorinated carbon
atom.
(6) The term ``treatment works'' has the meaning given the
term in section 212 of the Federal Water Pollution Control
Act (33 U.S.C. 1292).
Amendment No. 407 Offered by Mr. Golden of Maine
At the end of title LVIII of division E, add the following:
SECTION 5806. AMENDMENTS TO THE MAINE INDIAN CLAIMS
SETTLEMENT ACT OF 1980.
(a) Application of State Laws.--The Maine Indian Claims
Settlement Act of 1980 (Public Law 96-420) is amended--
(1) in section 3--
(A) in subsection (m), by striking ``and'' at the end;
(B) in subsection (n), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(o) `Mi'kmaq Nation' means the sole successor to the
Micmac Nation as constituted in aboriginal times in what is
now the State of Maine, and all its predecessors and
successors in interest, and which is represented, as of the
date of enactment of this subsection, as to lands within the
United States, by the Mi'kmaq Council.''; and
(2) in section 6--
(A) in subsection (a), by striking ``provided in section
8(e) and section 5(d)(4)'' and inserting ``otherwise provided
in this Act''; and
(B) in subsection (h)--
(i) by striking ``Except as other wise provided in this
Act, the'' and inserting ``The'';
(ii) in the first sentence, by inserting ``or enacted for
the benefit of'' before ``Indians, Indian nations'';
(iii) by inserting ``that is in effect as of the date of
the enactment of the Advancing Equality for Wabanaki Nations
Act, (2)'' after ``United States (1)'';
(iv) by striking ``also (2)'' and inserting ``also (3)'';
and
(v) by striking ``within the State'' and inserting ``within
the State, unless Federal law or the State laws of Maine
provide for the application of such Federal law or
regulation''.
(b) Implementation of the Indian Child Welfare Act.--
Section 8 of the Maine Indian Claims Settlement Act of 1980
(Public Law 96-420) is amended--
(1) in subsection (a)--
(A) by striking ``or'' after ``Passamaquoddy Tribe'' and
inserting a comma;
(B) by inserting ``, the Houlton Band of Maliseet Indians,
or the Mi'kmaq Nation'' after ``Penobscot Nation''; and
(C) in the second sentence, by striking ``respective tribe
or nation'' each place it appears and inserting ``respective
tribe, nation, or band'';
(2) in subsection (b)--
(A) by striking ``or'' after ``Passamaquoddy Tribe'' and
inserting a comma; and
(B) by inserting ``, the Houlton Band of Maliseet Indians,
or the Mi'kmaq Nation'' after ``Penobscot Nation'';
(3) by striking subsection (e);
(4) by redesignating subsection (f) as subsection (e); and
(5) in subsection (e), as so redesignated--
(A) by striking ``or'' after ``Passamaquoddy Tribe'' and
inserting a comma;
(B) by inserting ``, the Houlton Band of Maliseet Indians,
or the Mi'kmaq Nation'' after ``Penobscot Nation''; and
(C) by striking ``or nation'' and inserting ``, nation, or
band''.
(c) Construction.--Section 16 of the Maine Indian Claims
Settlement Act of 1980 (Public Law 96-420) is amended--
(1) by striking ``(a)'' at the beginning; and
(2) by striking subsection (b).
(d) Aroostook Band of Micmacs Settlement Act.--Section 8 of
the Aroostook Band of Micmacs Settlement Act (Public Law 102-
171) is repealed.
[[Page H6363]]
Amendment No. 408 Offered by Mr. Perlmutter of Colorado
Page 1254, after line 16, insert the following:
Subtitle A--In General
Page 1262, after line 23, insert the following:
Subtitle B--SAFE Banking
SEC. 5421. SHORT TITLE; TABLE OF CONTENTS; PURPOSE.
(a) Short Title.--This subtitle may be cited as the
``Secure And Fair Enforcement Banking Act of 2022'' or the
``SAFE Banking Act of 2022''.
(b) Table of Contents.--The table of contents for this
subtitle is as follows:
Subtitle B--SAFE Banking
Sec. 5421. Short title; table of contents; purpose.
Sec. 5422. Safe harbor for depository institutions.
Sec. 5423. Protections for ancillary businesses.
Sec. 5424. Protections under Federal law.
Sec. 5425. Rules of construction.
Sec. 5426. Requirements for filing suspicious activity reports.
Sec. 5427. Guidance and examination procedures.
Sec. 5428. Annual diversity and inclusion report.
Sec. 5429. GAO study on diversity and inclusion.
Sec. 5430. GAO study on effectiveness of certain reports on finding
certain persons.
Sec. 5431. Application of this subtitle with respect to hemp-related
legitimate businesses and hemp-related service providers.
Sec. 5432. Banking services for hemp-related legitimate businesses and
hemp-related service providers.
Sec. 5433. Requirements for deposit account termination requests and
orders.
Sec. 5434. Definitions.
Sec. 5435. Discretionary surplus funds.
(c) Purpose.--The purpose of this subtitle is to increase
public safety by ensuring access to financial services to
cannabis-related legitimate businesses and service providers
and reducing the amount of cash at such businesses.
SEC. 5422. SAFE HARBOR FOR DEPOSITORY INSTITUTIONS.
(a) In General.--A Federal banking regulator may not--
(1) terminate or limit the deposit insurance or share
insurance of a depository institution under the Federal
Deposit Insurance Act (12 U.S.C. 1811 et seq.), the Federal
Credit Union Act (12 U.S.C. 1751 et seq.), or take any other
adverse action against a depository institution under section
8 of the Federal Deposit Insurance Act (12 U.S.C. 1818)
solely because the depository institution provides or has
provided financial services to a cannabis-related legitimate
business or service provider;
(2) prohibit, penalize, or otherwise discourage a
depository institution from providing financial services to a
cannabis-related legitimate business or service provider or
to a State, political subdivision of a State, or Indian Tribe
that exercises jurisdiction over cannabis-related legitimate
businesses;
(3) recommend, incentivize, or encourage a depository
institution not to offer financial services to an account
holder, or to downgrade or cancel the financial services
offered to an account holder solely because--
(A) the account holder is a cannabis-related legitimate
business or service provider, or is an employee, owner, or
operator of a cannabis-related legitimate business or service
provider;
(B) the account holder later becomes an employee, owner, or
operator of a cannabis-related legitimate business or service
provider; or
(C) the depository institution was not aware that the
account holder is an employee, owner, or operator of a
cannabis-related legitimate business or service provider;
(4) take any adverse or corrective supervisory action on a
loan made to--
(A) a cannabis-related legitimate business or service
provider, solely because the business is a cannabis-related
legitimate business or service provider;
(B) an employee, owner, or operator of a cannabis-related
legitimate business or service provider, solely because the
employee, owner, or operator is employed by, owns, or
operates a cannabis-related legitimate business or service
provider, as applicable; or
(C) an owner or operator of real estate or equipment that
is leased to a cannabis-related legitimate business or
service provider, solely because the owner or operator of the
real estate or equipment leased the equipment or real estate
to a cannabis-related legitimate business or service
provider, as applicable; or
(5) prohibit or penalize a depository institution (or
entity performing a financial service for or in association
with a depository institution) for, or otherwise discourage a
depository institution (or entity performing a financial
service for or in association with a depository institution)
from, engaging in a financial service for a cannabis-related
legitimate business or service provider.
(b) Safe Harbor Applicable to De Novo Institutions.--
Subsection (a) shall apply to an institution applying for a
depository institution charter to the same extent as such
subsection applies to a depository institution.
SEC. 5423. PROTECTIONS FOR ANCILLARY BUSINESSES.
For the purposes of sections 1956 and 1957 of title 18,
United States Code, and all other provisions of Federal law,
the proceeds from a transaction involving activities of a
cannabis-related legitimate business or service provider
shall not be considered proceeds from an unlawful activity
solely because--
(1) the transaction involves proceeds from a cannabis-
related legitimate business or service provider; or
(2) the transaction involves proceeds from--
(A) cannabis-related activities described in section
5434(4)(B) conducted by a cannabis-related legitimate
business; or
(B) activities described in section 5434(13)(A) conducted
by a service provider.
SEC. 5424. PROTECTIONS UNDER FEDERAL LAW.
(a) In General.--With respect to providing a financial
service to a cannabis-related legitimate business (where such
cannabis-related legitimate business operates within a State,
political subdivision of a State, or Indian country that
allows the cultivation, production, manufacture, sale,
transportation, display, dispensing, distribution, or
purchase of cannabis pursuant to a law or regulation of such
State, political subdivision, or Indian Tribe that has
jurisdiction over the Indian country, as applicable) or a
service provider (wherever located), a depository
institution, entity performing a financial service for or in
association with a depository institution, or insurer that
provides a financial service to a cannabis-related legitimate
business or service provider, and the officers, directors,
and employees of that depository institution, entity, or
insurer may not be held liable pursuant to any Federal law or
regulation--
(1) solely for providing such a financial service; or
(2) for further investing any income derived from such a
financial service.
(b) Protections for Federal Reserve Banks and Federal Home
Loan Banks.--With respect to providing a service to a
depository institution that provides a financial service to a
cannabis-related legitimate business (where such cannabis-
related legitimate business operates within a State,
political subdivision of a State, or Indian country that
allows the cultivation, production, manufacture, sale,
transportation, display, dispensing, distribution, or
purchase of cannabis pursuant to a law or regulation of such
State, political subdivision, or Indian Tribe that has
jurisdiction over the Indian country, as applicable) or
service provider (wherever located), a Federal reserve bank
or Federal Home Loan Bank, and the officers, directors, and
employees of the Federal reserve bank or Federal Home Loan
Bank, may not be held liable pursuant to any Federal law or
regulation--
(1) solely for providing such a service; or
(2) for further investing any income derived from such a
service.
(c) Protections for Insurers.--With respect to engaging in
the business of insurance within a State, political
subdivision of a State, or Indian country that allows the
cultivation, production, manufacture, sale, transportation,
display, dispensing, distribution, or purchase of cannabis
pursuant to a law or regulation of such State, political
subdivision, or Indian Tribe that has jurisdiction over the
Indian country, as applicable, an insurer that engages in the
business of insurance with a cannabis-related legitimate
business or service provider or who otherwise engages with a
person in a transaction permissible under State law related
to cannabis, and the officers, directors, and employees of
that insurer may not be held liable pursuant to any Federal
law or regulation--
(1) solely for engaging in the business of insurance; or
(2) for further investing any income derived from the
business of insurance.
(d) Forfeiture.--
(1) Depository institutions.--A depository institution that
has a legal interest in the collateral for a loan or another
financial service provided to an owner, employee, or operator
of a cannabis-related legitimate business or service
provider, or to an owner or operator of real estate or
equipment that is leased or sold to a cannabis-related
legitimate business or service provider, shall not be subject
to criminal, civil, or administrative forfeiture of that
legal interest pursuant to any Federal law for providing such
loan or other financial service.
(2) Federal reserve banks and federal home loan banks.--A
Federal reserve bank or Federal Home Loan Bank that has a
legal interest in the collateral for a loan or another
financial service provided to a depository institution that
provides a financial service to a cannabis-related legitimate
business or service provider, or to an owner or operator of
real estate or equipment that is leased or sold to a
cannabis-related legitimate business or service provider,
shall not be subject to criminal, civil, or administrative
forfeiture of that legal interest pursuant to any Federal law
for providing such loan or other financial service.
SEC. 5425. RULES OF CONSTRUCTION.
(a) No Requirement to Provide Financial Services.--Nothing
in this subtitle shall require a depository institution,
entity performing a financial service for or in association
with a depository institution, or insurer to provide
financial services to a cannabis-related legitimate business,
service provider, or any other business.
[[Page H6364]]
(b) General Examination, Supervisory, and Enforcement
Authority.--Nothing in this subtitle may be construed in any
way as limiting or otherwise restricting the general
examination, supervisory, and enforcement authority of the
Federal banking regulators, provided that the basis for any
supervisory or enforcement action is not the provision of
financial services to a cannabis-related legitimate business
or service provider.
(c) Business of Insurance.--Nothing in this subtitle shall
interfere with the regulation of the business of insurance in
accordance with the Act of March 9, 1945 (59 Stat. 33,
chapter 20; 15 U.S.C. 1011 et seq.) (commonly known as the
``McCarran-Ferguson Act'') and the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.).
SEC. 5426. REQUIREMENTS FOR FILING SUSPICIOUS ACTIVITY
REPORTS.
Section 5318(g) of title 31, United States Code, is amended
by adding at the end the following:
``(5) Requirements for cannabis-related legitimate
businesses.--
``(A) In general.--With respect to a financial institution
or any director, officer, employee, or agent of a financial
institution that reports a suspicious transaction pursuant to
this subsection, if the reason for the report relates to a
cannabis-related legitimate business or service provider, the
report shall comply with appropriate guidance issued by the
Financial Crimes Enforcement Network. Not later than the end
of the 180-day period beginning on the date of enactment of
this paragraph, the Secretary shall update the February 14,
2014, guidance titled `BSA Expectations Regarding Marijuana-
Related Businesses' (FIN-2014-G001) to ensure that the
guidance is consistent with the purpose and intent of the
SAFE Banking Act of 2022 and does not significantly inhibit
the provision of financial services to a cannabis-related
legitimate business or service provider in a State, political
subdivision of a State, or Indian country that has allowed
the cultivation, production, manufacture, transportation,
display, dispensing, distribution, sale, or purchase of
cannabis pursuant to law or regulation of such State,
political subdivision, or Indian Tribe that has jurisdiction
over the Indian country.
``(B) Definitions.--For purposes of this paragraph:
``(i) Cannabis.--The term `cannabis' has the meaning given
the term `marihuana' in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
``(ii) Cannabis-related legitimate business.--The term
`cannabis-related legitimate business' has the meaning given
that term in section 5434 of the SAFE Banking Act of 2022.
``(iii) Indian country.--The term `Indian country' has the
meaning given that term in section 1151 of title 18.
``(iv) Indian tribe.--The term `Indian Tribe' has the
meaning given that term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
``(v) Financial service.--The term `financial service' has
the meaning given that term in section 5434 of the SAFE
Banking Act of 2022.
``(vi) Service provider.--The term `service provider' has
the meaning given that term in section 5434 of the SAFE
Banking Act of 2022.
``(vii) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United
States.''.
SEC. 5427. GUIDANCE AND EXAMINATION PROCEDURES.
Not later than 180 days after the date of enactment of this
Act, the Financial Institutions Examination Council shall
develop uniform guidance and examination procedures for
depository institutions that provide financial services to
cannabis-related legitimate businesses and service providers.
SEC. 5428. ANNUAL DIVERSITY AND INCLUSION REPORT.
The Federal banking regulators shall issue an annual report
to Congress containing--
(1) information and data on the availability of access to
financial services for minority-owned and women-owned
cannabis-related legitimate businesses; and
(2) any regulatory or legislative recommendations for
expanding access to financial services for minority-owned and
women-owned cannabis-related legitimate businesses.
SEC. 5429. GAO STUDY ON DIVERSITY AND INCLUSION.
(a) Study.--The Comptroller General of the United States
shall carry out a study on the barriers to marketplace entry,
including in the licensing process, and the access to
financial services for potential and existing minority-owned
and women-owned cannabis-related legitimate businesses.
(b) Report.--The Comptroller General shall issue a report
to the Congress--
(1) containing all findings and determinations made in
carrying out the study required under subsection (a); and
(2) containing any regulatory or legislative
recommendations for removing barriers to marketplace entry,
including in the licensing process, and expanding access to
financial services for potential and existing minority-owned
and women-owned cannabis-related legitimate businesses.
SEC. 5430. GAO STUDY ON EFFECTIVENESS OF CERTAIN REPORTS ON
FINDING CERTAIN PERSONS.
Not later than 2 years after the date of the enactment of
this Act, the Comptroller General of the United States shall
carry out a study on the effectiveness of reports on
suspicious transactions filed pursuant to section 5318(g) of
title 31, United States Code, at finding individuals or
organizations suspected or known to be engaged with
transnational criminal organizations and whether any such
engagement exists in a State, political subdivision, or
Indian Tribe that has jurisdiction over Indian country that
allows the cultivation, production, manufacture, sale,
transportation, display, dispensing, distribution, or
purchase of cannabis. The study shall examine reports on
suspicious transactions as follows:
(1) During the period of 2014 until the date of the
enactment of this Act, reports relating to marijuana-related
businesses.
(2) During the 1-year period after date of the enactment of
this Act, reports relating to cannabis-related legitimate
businesses.
SEC. 5431. APPLICATION OF THIS SUBTITLE WITH RESPECT TO HEMP-
RELATED LEGITIMATE BUSINESSES AND HEMP-RELATED
SERVICE PROVIDERS.
(a) In General.--The provisions of this subtitle (other
than sections 5426 and 5430) shall apply with respect to
hemp-related legitimate businesses and hemp-related service
providers in the same manner as such provisions apply with
respect to cannabis-related legitimate businesses and service
providers.
(b) Definitions.--In this section:
(1) CBD.--The term ``CBD'' means cannabidiol.
(2) Hemp.--The term ``hemp'' has the meaning given that
term under section 297A of the Agricultural Marketing Act of
1946 (7 U.S.C. 1639o).
(3) Hemp-related legitimate business.--The term ``hemp-
related legitimate business'' means a manufacturer, producer,
or any person or company that--
(A) engages in any activity described in subparagraph (B)
in conformity with the Agricultural Improvement Act of 2018
(Public Law 115-334) and the regulations issued to implement
such Act by the Department of Agriculture, where applicable,
and the law of a State or political subdivision thereof or
Indian Tribe; and
(B) participates in any business or organized activity that
involves handling hemp, hemp-derived CBD products, and other
hemp-derived cannabinoid products, including cultivating,
producing, extracting, manufacturing, selling, transporting,
displaying, dispensing, distributing, or purchasing hemp,
hemp-derived CBD products, and other hemp-derived cannabinoid
products.
(4) Hemp-related service provider.--The term ``hemp-related
service provider''--
(A) means a business, organization, or other person that--
(i) sells goods or services to a hemp-related legitimate
business; or
(ii) provides any business services, including the sale or
lease of real or any other property, legal or other licensed
services, or any other ancillary service, relating to hemp,
hemp-derived CBD products, or other hemp-derived cannabinoid
products; and
(B) does not include a business, organization, or other
person that participates in any business or organized
activity that involves handling hemp, hemp-derived CBD
products, or other hemp-derived cannabinoid products,
including cultivating, producing, manufacturing, selling,
transporting, displaying, dispensing, distributing, or
purchasing hemp, hemp-derived CBD products, and other hemp-
derived cannabinoid products.
SEC. 5432. BANKING SERVICES FOR HEMP-RELATED LEGITIMATE
BUSINESSES AND HEMP-RELATED SERVICE PROVIDERS.
(a) Findings.--The Congress finds that--
(1) the Agriculture Improvement Act of 2018 (Public Law
115-334) legalized hemp by removing it from the definition of
``marihuana'' under the Controlled Substances Act;
(2) despite the legalization of hemp, some hemp businesses
(including producers, manufacturers, and retailers) continue
to have difficulty gaining access to banking products and
services; and
(3) businesses involved in the sale of hemp-derived CBD
products are particularly affected, due to confusion about
the legal status of such products.
(b) Federal Banking Regulators' Hemp Banking Guidance.--Not
later than the end of the 90-day period beginning on the date
of enactment of this Act, the Federal banking regulators
shall update their existing guidance, as applicable,
regarding the provision of financial services to hemp-related
legitimate businesses and hemp-related service providers to
address--
(1) compliance with financial institutions' existing
obligations under Federal laws and implementing regulations
determined relevant by the Federal banking regulators,
including subchapter II of chapter 53 of title 31, United
States Code, and its implementing regulation in conformity
with this subtitle and the Department of Agriculture's rules
regulating domestic hemp production (7 CFR 990); and
(2) best practices for financial institutions to follow
when providing financial services, including processing
payments, to hemp-related legitimate businesses and hemp-
related service providers.
(c) Definitions.--In this section:
(1) Financial institution.--The term ``financial
institution''--
(A) has the meaning given that term under section 5312(a)
of title 31, United States Code; and
[[Page H6365]]
(B) includes a bank holding company, as defined under
section 2(a) of the Bank Holding Company Act of 1956 (12
U.S.C. 1841(a)).
(2) Hemp terms.--The terms ``CBD'', ``hemp'', ``hemp-
related legitimate business'', and ``hemp-related service
provider'' have the meaning given those terms, respectively,
under section 5431.
SEC. 5433. REQUIREMENTS FOR DEPOSIT ACCOUNT TERMINATION
REQUESTS AND ORDERS.
(a) Termination Requests or Orders Must Be Valid.--
(1) In general.--An appropriate Federal banking agency may
not formally or informally request or order a depository
institution to terminate a specific customer account or group
of customer accounts or to otherwise restrict or discourage a
depository institution from entering into or maintaining a
banking relationship with a specific customer or group of
customers unless--
(A) the agency has a valid reason for such request or
order; and
(B) such reason is not based solely on reputation risk.
(2) Treatment of national security threats.--If an
appropriate Federal banking agency believes a specific
customer or group of customers is, or is acting as a conduit
for, an entity which--
(A) poses a threat to national security;
(B) is involved in terrorist financing;
(C) is an agency of the Government of Iran, North Korea,
Syria, or any country listed from time to time on the State
Sponsors of Terrorism list;
(D) is located in, or is subject to the jurisdiction of,
any country specified in subparagraph (C); or
(E) does business with any entity described in subparagraph
(C) or (D), unless the appropriate Federal banking agency
determines that the customer or group of customers has used
due diligence to avoid doing business with any entity
described in subparagraph (C) or (D),
such belief shall satisfy the requirement under paragraph
(1).
(b) Notice Requirement.--
(1) In general.--If an appropriate Federal banking agency
formally or informally requests or orders a depository
institution to terminate a specific customer account or a
group of customer accounts, the agency shall--
(A) provide such request or order to the institution in
writing; and
(B) accompany such request or order with a written
justification for why such termination is needed, including
any specific laws or regulations the agency believes are
being violated by the customer or group of customers, if any.
(2) Justification requirement.--A justification described
under paragraph (1)(B) may not be based solely on the
reputation risk to the depository institution.
(c) Customer Notice.--
(1) Notice required.--Except as provided under paragraph
(2) or as otherwise prohibited from being disclosed by law,
if an appropriate Federal banking agency orders a depository
institution to terminate a specific customer account or a
group of customer accounts, the depository institution shall
inform the specific customer or group of customers of the
justification for the customer's account termination
described under subsection (b).
(2) Notice prohibited.--
(A) Notice prohibited in cases of national security.--If an
appropriate Federal banking agency requests or orders a
depository institution to terminate a specific customer
account or a group of customer accounts based on a belief
that the customer or customers pose a threat to national
security, or are otherwise described under subsection (a)(2),
neither the depository institution nor the appropriate
Federal banking agency may inform the customer or customers
of the justification for the customer's account termination.
(B) Notice prohibited in other cases.--If an appropriate
Federal banking agency determines that the notice required
under paragraph (1) may interfere with an authorized criminal
investigation, neither the depository institution nor the
appropriate Federal banking agency may inform the specific
customer or group of customers of the justification for the
customer's account termination.
(d) Reporting Requirement.--Each appropriate Federal
banking agency shall issue an annual report to the Congress
stating--
(1) the aggregate number of specific customer accounts that
the agency requested or ordered a depository institution to
terminate during the previous year; and
(2) the legal authority on which the agency relied in
making such requests and orders and the frequency on which
the agency relied on each such authority.
(e) Definitions.--For purposes of this section:
(1) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' means--
(A) the appropriate Federal banking agency, as defined
under section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813); and
(B) the National Credit Union Administration, in the case
of an insured credit union.
(2) Depository institution.--The term ``depository
institution'' means--
(A) a depository institution, as defined under section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813); and
(B) an insured credit union.
SEC. 5434. DEFINITIONS.
In this subtitle:
(1) Business of insurance.--The term ``business of
insurance'' has the meaning given such term in section 1002
of the Dodd-Frank Wall Street Reform and Consumer Protection
Act (12 U.S.C. 5481).
(2) Cannabis.--The term ``cannabis'' has the meaning given
the term ``marihuana'' in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(3) Cannabis product.--The term ``cannabis product'' means
any article which contains cannabis, including an article
which is a concentrate, an edible, a tincture, a cannabis-
infused product, or a topical.
(4) Cannabis-related legitimate business.--The term
``cannabis-related legitimate business'' means a
manufacturer, producer, or any person or company that--
(A) engages in any activity described in subparagraph (B)
pursuant to a law established by a State or a political
subdivision of a State, as determined by such State or
political subdivision; and
(B) participates in any business or organized activity that
involves handling cannabis or cannabis products, including
cultivating, producing, manufacturing, selling, transporting,
displaying, dispensing, distributing, or purchasing cannabis
or cannabis products.
(5) Depository institution.--The term ``depository
institution'' means--
(A) a depository institution as defined in section 3(c) of
the Federal Deposit Insurance Act (12 U.S.C. 1813(c));
(B) a Federal credit union as defined in section 101 of the
Federal Credit Union Act (12 U.S.C. 1752); or
(C) a State credit union as defined in section 101 of the
Federal Credit Union Act (12 U.S.C. 1752).
(6) Federal banking regulator.--The term ``Federal banking
regulator'' means each of the Board of Governors of the
Federal Reserve System, the Bureau of Consumer Financial
Protection, the Federal Deposit Insurance Corporation, the
Federal Housing Finance Agency, the Financial Crimes
Enforcement Network, the Office of Foreign Asset Control, the
Office of the Comptroller of the Currency, the National
Credit Union Administration, the Department of the Treasury,
or any Federal agency or department that regulates banking or
financial services, as determined by the Secretary of the
Treasury.
(7) Financial service.--The term ``financial service''--
(A) means a financial product or service, as defined in
section 1002 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5481), regardless if the
customer receiving the product or service is a consumer or
commercial entity;
(B) means a financial product or service, or any
combination of products and services, permitted to be
provided by--
(i) a national bank or a financial subsidiary pursuant to
the authority provided under--
(I) the provision designated ``Seventh'' of section 5136 of
the Revised Statutes of the United States (12 U.S.C. 24); or
(II) section 5136A of the Revised Statutes of the United
States (12 U.S.C. 24a); and
(ii) a Federal credit union, pursuant to the authority
provided under the Federal Credit Union Act;
(C) includes the business of insurance;
(D) includes, whether performed directly or indirectly, the
authorizing, processing, clearing, settling, billing,
transferring for deposit, transmitting, delivering,
instructing to be delivered, reconciling, collecting, or
otherwise effectuating or facilitating of payments or funds,
where such payments or funds are made or transferred by any
means, including by the use of credit cards, debit cards,
other payment cards, or other access devices, accounts,
original or substitute checks, or electronic funds transfers;
(E) includes acting as a money transmitting business which
directly or indirectly makes use of a depository institution
in connection with effectuating or facilitating a payment for
a cannabis-related legitimate business or service provider in
compliance with section 5330 of title 31, United States Code,
and any applicable State law; and
(F) includes acting as an armored car service for
processing and depositing with a depository institution or a
Federal reserve bank with respect to any monetary instruments
(as defined under section 1956(c)(5) of title 18, United
States Code.
(8) Indian country.--The term ``Indian country'' has the
meaning given that term in section 1151 of title 18.
(9) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
(10) Insurer.--The term ``insurer'' has the meaning given
that term under section 313(r) of title 31, United States
Code.
(11) Manufacturer.--The term ``manufacturer'' means a
person who manufactures, compounds, converts, processes,
prepares, or packages cannabis or cannabis products.
(12) Producer.--The term ``producer'' means a person who
plants, cultivates, harvests, or in any way facilitates the
natural growth of cannabis.
(13) Service provider.--The term ``service provider''--
(A) means a business, organization, or other person that--
(i) sells goods or services to a cannabis-related
legitimate business; or
(ii) provides any business services, including the sale or
lease of real or any other
[[Page H6366]]
property, legal or other licensed services, or any other
ancillary service, relating to cannabis; and
(B) does not include a business, organization, or other
person that participates in any business or organized
activity that involves handling cannabis or cannabis
products, including cultivating, producing, manufacturing,
selling, transporting, displaying, dispensing, distributing,
or purchasing cannabis or cannabis products.
(14) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.
SEC. 5435. DISCRETIONARY SURPLUS FUNDS.
Section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C.
289(a)(3)(A)) is amended by reducing the dollar figure by
$6,000,000.
Amendment No. 409 Offered by Ms. Clark of Massachusetts
At the end of title LVIII of division E, add the following:
SEC. __. SENSE OF CONGRESS THAT THE DEPARTMENT OF VETERANS
AFFAIRS SHOULD BE PROHIBITED FROM DENYING HOME
LOANS FOR VETERANS WHO LEGALLY WORK IN THE
MARIJUANA INDUSTRY.
It is the sense of Congress that--
(1) veterans who have served our country honorably should
not be denied access to Department of Veterans Affairs home
loans on the basis of income derived from State-legalized
cannabis activities;
(2) while the Department of Veterans Affairs has clarified
that no statute or regulation specifically prohibits a
veteran whose income is derived from State-legalized cannabis
activities from obtaining a certificate of eligibility for
Department of Veterans Affairs home loan benefits, many
veterans continue to be denied access to home loans on the
basis of income derived from State-legalized cannabis
activities; and
(3) the Department of Veterans Affairs should improve
communication with eligible lending institutions to reduce
confusion among lenders and borrowers on this matter.
Amendment No. 411 Offered by Mr. Neguse of Colorado
At the appropriate place in title LIII of division E,
insert the following:
SEC. ___. CRITICAL DOCUMENT FEE WAIVER.
Section 1238(a) of the Disaster Recovery Reform Act of 2018
(42 U.S.C. 5174b) is amended--
(1) in paragraph (2), by striking ``applies regardless''
and inserting ``and the requirement of the President to waive
fees under paragraph (4) apply regardless'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) Mandatory automatic waiver.--The President, in
consultation with the Governor of a State, shall
automatically provide a fee waiver described in paragraph (1)
to an individual or household that has been adversely
affected by a major disaster declared under section 401 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170)--
``(A) for which the President provides assistance to
individuals and households under section 408 of that Act (42
U.S.C. 5174); and
``(B) that destroyed a critical document described in
paragraph (1) of the individual or household.''.
Amendment No. 412 Offered by Ms. Leger Fernandez of New Mexico
Add at the end of title LVIII the following:
SEC. 5806. HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE.
(a) Findings and Purposes.--
(1) Findings.--Congress finds that--
(A) on April 6, 2022, the Forest Service initiated the Las
Dispensas-Gallinas prescribed burn on Federal land in the
Santa Fe National Forest in San Miguel County, New Mexico,
when erratic winds were prevalent in the area that was also
suffering from severe drought after many years of
insufficient precipitation;
(B) on April 6, 2022, the prescribed burn, which became
known as the ``Hermit's Peak Fire'', exceeded the containment
capabilities of the Forest Service, was declared a wildfire,
and spread to other Federal and non-Federal land;
(C) on April 19, 2022, the Calf Canyon Fire, also in San
Miguel County, New Mexico, began burning on Federal land and
was later identified as the result of a pile burn in January
2022 that remained dormant under the surface before
reemerging;
(D) on April 27, 2022, the Hermit's Peak Fire and the Calf
Canyon Fire merged, and both fires were reported as the
Hermit's Peak Fire or the Hermit's Peak/Calf Canyon Fire,
(referred hereafter in this subsection as the ``Hermit's
Peak/Calf Canyon Fire'');
(E) by May 2, 2022, the fire had grown in size and caused
evacuations in multiple villages and communities in San
Miguel County and Mora County, including in the San Miguel
county jail, the State's psychiatric hospital, the United
World College, and New Mexico Highlands University;
(F) on May 4, 2022, the President issued a major disaster
declaration for the counties of Colfax, Mora, and San Miguel,
New Mexico;
(G) on May 20, 2022, U.S. Forest Service Chief Randy Moore
ordered a 90-day review of prescribed burn policies to reduce
the risk of wildfires and ensure the safety of the
communities involved;
(H) the U.S. Forest Service has assumed responsibility for
the Hermit's Peak/Calf Canyon Fire;
(I) the fire resulted in the loss of Federal, State, local,
Tribal, and private property; and
(J) the United States should compensate the victims of the
Hermit's Peak/Calf Canyon Fire.
(2) Purposes.--The purposes of this section are--
(A) to compensate victims of the Hermit's Peak/Calf Canyon
Fire, for injuries resulting from the fire; and
(B) to provide for the expeditious consideration and
settlement of claims for those injuries.
(b) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means--
(A) the Administrator of the Federal Emergency Management
Agency; or
(B) if a Manager is appointed under subsection (c)(1)(C),
the Manager.
(2) Hermit's peak/calf canyon fire.--The term ``Hermit's
Peak/Calf Canyon Fire'' means--
(A) the fire resulting from the initiation by the Forest
Service of a prescribed burn in the Santa Fe National Forest
in San Miguel County, New Mexico, on April 6, 2022;
(B) the pile burn holdover resulting from the prescribed
burn by the Forest Service, which reemerged on April 19,
2022; and
(C) the merger of the two fires described in subparagraphs
(A) and (B), reported as the Hermit's Peak Fire or the
Hermit's Peak Fire/Calf Canyon Fire.
(3) Indian tribe.--The term ``Indian Tribe'' means the
recognized governing body of any Indian or Alaska Native
Tribe, band, nation, pueblo, village, community, component
band, or component reservation individually identified
(including parenthetically) in the list published most
recently as of the date of enactment of this Act pursuant to
section 104 of the Federally Recognized Indian Tribe List Act
of 1994 (25 U.S.C. 5131).
(4) Injured person.--The term ``injured person'' means--
(A) an individual, regardless of the citizenship or alien
status of the individual; or
(B) an Indian Tribe, corporation, Tribal corporation,
partnership, company, association, county, township, city,
State, school district, or other non-Federal entity
(including a legal representative) that suffered injury
resulting from the Hermit's Peak/Calf Canyon Fire.
(5) Injury.--The term ``injury'' has the same meaning as
the term ``injury or loss of property, or personal injury or
death'' as used in section 1346(b)(1) of title 28, United
States Code.
(6) Manager.--The term ``Manager'' means an Independent
Claims Manager appointed under subsection (c)(1)(C).
(7) Office.--The term ``Office'' means the Office of
Hermit's Peak/Calf Canyon Fire Claims established by
subsection (c)(1)(B).
(8) Tribal entity.--The term ``Tribal entity'' includes any
Indian Tribe, tribal organization, Indian-controlled
organization serving Indians, Native Hawaiian organization,
or Alaska Native entity, as such terms are defined or used in
section 166 of the Workforce Innovation and Opportunity Act
(25 U.S.C. 5304).
(c) Compensation for Victims of Hermit's Peak/Calf Canyon
Fire.--
(1) In general.--
(A) Compensation.--Each injured person shall be entitled to
receive from the United States compensation for injury
suffered by the injured person as a result of the Hermit's
Peak/Calf Canyon Fire.
(B) Office of hermit's peak/calf canyon fire claims.--
(i) In general.--There is established within the Federal
Emergency Management Agency an Office of Hermit's Peak/Calf
Canyon Fire Claims.
(ii) Purpose.--The Office shall receive, process, and pay
claims in accordance with this section.
(iii) Funding.--The Office--
(I) shall be funded from funds made available to the
Administrator under this section;
(II) may appoint and fix the compensation of such temporary
personnel as may be necessary, without regard to the
provisions of title 5, United States Code, governing
appointments in competitive service; and
(III) may reimburse other Federal agencies for claims
processing support and assistance.
(C) Option to appoint independent claims manager.--The
Administrator may appoint an Independent Claims Manager to--
(i) head the Office; and
(ii) assume the duties of the Administrator under this
section.
(2) Submission of claims.--Not later than 2 years after the
date on which regulations are first promulgated under
paragraph (6), an injured person may submit to the
Administrator a written claim for 1 or more injuries suffered
by the injured person in accordance with such requirements as
the Administrator determines to be appropriate.
(3) Investigation of claims.--
(A) In general.--The Administrator shall, on behalf of the
United States, investigate, consider, ascertain, adjust,
determine, grant, deny, or settle any claim for money damages
asserted under paragraph (2).
(B) Applicability of state law.--Except as otherwise
provided in this section, the laws of the State of New Mexico
shall apply to the calculation of damages under paragraph
(4)(D).
(C) Extent of damages.--Any payment under this section--
[[Page H6367]]
(i) shall be limited to actual compensatory damages
measured by injuries suffered; and
(ii) shall not include--
(I) interest before settlement or payment of a claim; or
(II) punitive damages.
(4) Payment of claims.--
(A) Determination and payment of amount.--
(i) In general.--
(I) Payment.--Not later than 180 days after the date on
which a claim is submitted under this section, the
Administrator shall determine and fix the amount, if any, to
be paid for the claim.
(II) Priority.--The Administrator, to the maximum extent
practicable, shall pay subrogation claims submitted under
this section only after paying claims submitted by injured
parties that are not insurance companies seeking payment as
subrogees.
(ii) Parameters of determination.--In determining and
settling a claim under this section, the Administrator shall
determine only--
(I) whether the claimant is an injured person;
(II) whether the injury that is the subject of the claim
resulted from the fire;
(III) the amount, if any, to be allowed and paid under this
section; and
(IV) the person or persons entitled to receive the amount.
(iii) Insurance and other benefits.--
(I) In general.--In determining the amount of, and paying,
a claim under this section, to prevent recovery by a claimant
in excess of actual compensatory damages, the Administrator
shall reduce the amount to be paid for the claim by an amount
that is equal to the total of insurance benefits (excluding
life insurance benefits) or other payments or settlements of
any nature that were paid, or will be paid, with respect to
the claim.
(II) Government loans.--This subparagraph shall not apply
to the receipt by a claimant of any government loan that is
required to be repaid by the claimant.
(B) Partial payment.--
(i) In general.--At the request of a claimant, the
Administrator may make 1 or more advance or partial payments
before the final settlement of a claim, including final
settlement on any portion or aspect of a claim that is
determined to be severable.
(ii) Judicial decision.--If a claimant receives a partial
payment on a claim under this section, but further payment on
the claim is subsequently denied by the Administrator, the
claimant may--
(I) seek judicial review under paragraph (9); and
(II) keep any partial payment that the claimant received,
unless the Administrator determines that the claimant--
(aa) was not eligible to receive the compensation; or
(bb) fraudulently procured the compensation.
(C) Rights of insurer or other third party.--If an insurer
or other third party pays any amount to a claimant to
compensate for an injury described in paragraph (1), the
insurer or other third party shall be subrogated to any right
that the claimant has to receive any payment under this
section or any other law.
(D) Allowable damages.--
(i) Loss of property.--A claim that is paid for loss of
property under this section may include otherwise
uncompensated damages resulting from the Hermit's Peak/Calf
Canyon Fire for--
(I) an uninsured or underinsured property loss;
(II) a decrease in the value of real property;
(III) damage to physical infrastructure, including
irrigation infrastructure such as acequia systems;
(IV) a cost resulting from lost subsistence from hunting,
fishing, firewood gathering, timbering, grazing, or
agricultural activities conducted on land damaged by the
Hermit's Peak/Calf Canyon Fire;
(V) a cost of reforestation or revegetation on Tribal or
non-Federal land, to the extent that the cost of
reforestation or revegetation is not covered by any other
Federal program; and
(VI) any other loss that the Administrator determines to be
appropriate for inclusion as loss of property.
(ii) Business loss.--A claim that is paid for injury under
this section may include damages resulting from the Hermit's
Peak/Calf Canyon Fire for the following types of otherwise
uncompensated business loss:
(I) Damage to tangible assets or inventory.
(II) Business interruption losses.
(III) Overhead costs.
(IV) Employee wages for work not performed.
(V) Any other loss that the Administrator determines to be
appropriate for inclusion as business loss.
(iii) Financial loss.--A claim that is paid for injury
under this section may include damages resulting from the
Hermit's Peak/Calf Canyon Fire for the following types of
otherwise uncompensated financial loss:
(I) Increased mortgage interest costs.
(II) An insurance deductible.
(III) A temporary living or relocation expense.
(IV) Lost wages or personal income.
(V) Emergency staffing expenses.
(VI) Debris removal and other cleanup costs.
(VII) Costs of reasonable efforts, as determined by the
Administrator, to reduce the risk of wildfire, flood, or
other natural disaster in the counties impacted by the
Hermit's Peak/Calf Canyon Fire to risk levels prevailing in
those counties before the Hermit's Peak/Calf Canyon Fire,
that are incurred not later than the date that is 3 years
after the date on which the regulations under paragraph (6)
are first promulgated.
(VIII) A premium for flood insurance that is required to be
paid on or before May 31, 2024, if, as a result of the
Hermit's Peak/Calf Canyon Fire, a person that was not
required to purchase flood insurance before the Hermit's
Peak/Calf Canyon Fire is required to purchase flood
insurance.
(IX) A disaster assistance loan received from the Small
Business Administration.
(X) Any other loss that the Administrator determines to be
appropriate for inclusion as financial loss.
(5) Acceptance of award.--The acceptance by a claimant of
any payment under this section, except an advance or partial
payment made under paragraph (4)(B), shall--
(A) be final and conclusive on the claimant, with respect
to all claims arising out of or relating to the same subject
matter; and
(B) constitute a complete release of all claims against the
United States (including any agency or employee of the United
States) under chapter 171 of title 28, United States Code
(commonly known as the ``Federal Tort Claims Act''), or any
other Federal or State law, arising out of or relating to the
same subject matter.
(6) Regulations and public information.--
(A) Regulations.--Notwithstanding any other provision of
law, not later than 45 days after the date of enactment of
this section, the Administrator shall promulgate and publish
in the Federal Register interim final regulations for the
processing and payment of claims under this section.
(B) Public information.--
(i) In general.--At the time at which the Administrator
promulgates regulations under subparagraph (A), the
Administrator shall publish, online and in print, in
newspapers of general circulation in the State of New Mexico,
a clear, concise, and easily understandable explanation, in
English and Spanish, of--
(I) the rights conferred under this section; and
(II) the procedural and other requirements of the
regulations promulgated under subparagraph (A).
(ii) Dissemination through other media.--The Administrator
shall disseminate the explanation published under clause (i)
through websites, blogs, social media, brochures, pamphlets,
radio, television, and other media that the Administrator
determines are likely to reach prospective claimants.
(7) Consultation.--In administering this section, the
Administrator shall consult with the Secretary of the
Interior, the Secretary of Energy, the Secretary of
Agriculture, the Administrator of the Small Business
Administration, other Federal agencies, and State, local, and
Tribal authorities, as determined to be necessary by the
Administrator, to--
(A) ensure the efficient administration of the claims
process; and
(B) provide for local concerns.
(8) Election of remedy.--
(A) In general.--An injured person may elect to seek
compensation from the United States for 1 or more injuries
resulting from the Hermit's Peak/Calf Canyon Fire by--
(i) submitting a claim under this section;
(ii) filing a claim or bringing a civil action under
chapter 171 of title 28, United States Code (commonly known
as the ``Federal Tort Claims Act''); or
(iii) bringing an authorized civil action under any other
provision of law.
(B) Effect of election.--An election by an injured person
to seek compensation in any manner described in subparagraph
(A) shall be final and conclusive on the claimant with
respect to all injuries resulting from the Hermit's Peak/Calf
Canyon Fire that are suffered by the claimant.
(C) Arbitration.--
(i) In general.--Not later than 45 days after the date of
enactment of this Act, the Administrator shall establish by
regulation procedures under which a dispute regarding a claim
submitted under this section may be settled by arbitration.
(ii) Arbitration as remedy.--On establishment of
arbitration procedures under clause (i), an injured person
that submits a disputed claim under this section may elect to
settle the claim through arbitration.
(iii) Binding effect.--An election by an injured person to
settle a claim through arbitration under this subparagraph
shall--
(I) be binding; and
(II) preclude any exercise by the injured person of the
right to judicial review of a claim described in paragraph
(9).
(D) No effect on entitlements.--Nothing in this section
affects any right of a claimant to file a claim for benefits
under any Federal entitlement program.
(9) Judicial review.--
(A) In general.--Any claimant aggrieved by a final decision
of the Administrator under this section may, not later than
60 days after the date on which the decision is issued, bring
a civil action in the United States District Court for the
District of New Mexico, to modify or set aside the decision,
in whole or in part.
(B) Record.--The court shall hear a civil action under
subparagraph (A) on the record made before the Administrator.
[[Page H6368]]
(C) Standard.--The decision of the Administrator
incorporating the findings of the Administrator shall be
upheld if the decision is supported by substantial evidence
on the record considered as a whole.
(10) Attorney's and agent's fees.--
(A) In general.--No attorney or agent, acting alone or in
combination with any other attorney or agent, shall charge,
demand, receive, or collect, for services rendered in
connection with a claim submitted under this section, fees in
excess of the limitations established under section 2678 of
title 28, United States Code.
(B) Violation.--An attorney or agent who violates
subparagraph (A) shall be fined not more than $10,000.
(11) Waiver of requirement for matching funds.--
(A) State and local project.--
(i) In general.--Notwithstanding any other provision of
law, a State or local project that is determined by the
Administrator to be carried out in response to the Hermit's
Peak/Calf Canyon Fire under any Federal program that applies
to an area affected by the Hermit's Peak/Calf Canyon Fire
shall not be subject to any requirement for State or local
matching funds to pay the cost of the project under the
Federal program.
(ii) Federal share.--The Federal share of the costs of a
project described in clause (i) shall be 100 percent.
(B) Other needs program assistance.--Notwithstanding
section 408(g)(2) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174(g)(2)), for any
emergency or major disaster declared by the President under
that Act for the Hermit's Peak/Calf Canyon Fire, the Federal
share of assistance provided under that section shall be 100
percent.
(12) Applicability of debt collection requirements.--
Section 3711(a) of title 31, United States Code, shall not
apply to any payment under this section, unless--
(A) there is evidence of civil or criminal fraud,
misrepresentation, presentation of a false claim; or
(B) a claimant was not eligible under paragraph (4)(B) of
this section to any partial payment.
(13) Indian compensation.--Notwithstanding any other
provision of law, in the case of an Indian Tribe, a Tribal
entity, or a member of an Indian Tribe that submits a claim
under this section--
(A) the Bureau of Indian Affairs shall have no authority
over, or any trust obligation regarding, any aspect of the
submission of, or any payment received for, the claim;
(B) the Indian Tribe, Tribal entity, or member of an Indian
Tribe shall be entitled to proceed under this section in the
same manner and to the same extent as any other injured
person; and
(C) except with respect to land damaged by the Hermit's
Peak/Calf Canyon Fire that is the subject of the claim, the
Bureau of Indian Affairs shall have no responsibility to
restore land damaged by the Hermit's Peak/Calf Canyon Fire.
(14) Report.--Not later than 1 year after the date of
promulgation of regulations under paragraph (6)(A), and
annually thereafter, the Administrator shall submit to
Congress a report that describes the claims submitted under
this section during the year preceding the date of submission
of the report, including, for each claim--
(A) the amount claimed;
(B) a brief description of the nature of the claim; and
(C) the status or disposition of the claim, including the
amount of any payment under this section.
(15) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
amendment no. 414 offered by mr. johnson of georgia
At the end of title LIII, add the following:
SEC. __. DISADVANTAGED BUSINESS ENTERPRISES.
Section 11101(e)(2)(A) of the Infrastructure Investment and
Jobs Act (Public Law 117-58) is amended to read as follows:
``(A) Small business concern.--The term `small business
concern' means a small business concern (as the term is used
in section 3 of the Small Business Act (15 U.S.C. 632)).''.
amendment no. 416 offered by ms. waters of california
Strike section 5401 and insert the following:
SEC. 5401. SERVICES THAT OPEN PORTALS TO DIRTY MONEY ACT.
(a) Short Title.--This section may be cited as the
``Establishing New Authorities for Businesses Laundering and
Enabling Risks to Security Act'' and the ``ENABLERS Act''.
(b) Findings.--Congress finds the following:
(1) Kleptocrats and other corrupt actors across the world
are increasingly relying on non-bank professional service
providers, including non-bank professional service providers
operating in the United States, to move, hide, and grow their
ill-gotten gains.
(2) In 2003, the Financial Action Task Force, an
intergovernmental body formed by the United States and other
major industrial nations, determined that designated non-
financial businesses and professions should be subject to the
same anti-money laundering and counter-terrorist financing
rules and regulations as financial institutions, including
the requirement to know your customer or client and to
perform due diligence, as well as to file suspicious
transaction reports, referred to as suspicious activity
reports or ``SARs'' in the United States.
(3) In October 2021, the ``Pandora Papers'', the largest
expose of global financial data in history, revealed to a
global audience how the United States plays host to a highly
specialized group of ``enablers'' who help the world's elite
move, hide, and grow their money.
(4) The Pandora Papers described how an adviser to the
former Prime Minister of Malaysia reportedly used affiliates
of a United States law firm to assemble and consult a network
of companies, despite the adviser fitting the ``textbook
definition'' of a high-risk client. The adviser went on to
use his companies to help steal $4.5 billion from Malaysia's
public investment fund in one of ``the world's biggest-ever
financial frauds'', known as 1MDB.
(5) Russian oligarchs have used gatekeepers to move their
money into the United States. For example, a gatekeeper
formed a company in Delaware that reportedly owns a $15
million mansion in Washington, D.C., that is linked to one of
Vladimir Putin's closest allies. Also, reportedly connected
to the oligarch is a $14 million townhouse in New York City
owned by a separate Delaware company.
(6) The Pandora Papers uncovered over 200 United States-
based trusts across 15 States that held assets of over $1
billion, ``including nearly 30 trusts that held assets linked
to people or companies accused of fraud, bribery, or human
rights abuses''. In particular, South Dakota, Nevada,
Delaware, Florida, Wyoming, and New Hampshire have emerged as
global hotspots for those seeking to hide their assets and
minimize their tax burdens.
(7) In 2016, an investigator with the non-profit
organization Global Witness posed as an adviser to a corrupt
African official and set up meetings with 13 New York City
law firms to discuss how to move suspect funds into the
United States. Lawyers from all but one of the firms provided
advice to the faux adviser, including advice on how to
utilize anonymous companies to obscure the true owner of the
assets. Other suggestions included naming the lawyer as a
trustee of an offshore trust in order to open a bank account,
and using the law firm's escrow account to receive payments.
(8) The autocratic Prime Minister of Iraqi Kurdistan,
reportedly known for torturing and killing journalists and
critics, allegedly purchased a retail store valued at over
$18 million in Miami, Florida, with the assistance of a
Pennsylvania-based law firm.
(9) Teodoro Obiang, the vice president of Equatorial Guinea
and son of the country's authoritarian president, embezzled
millions of dollars from his home country, which was then
used to purchase luxury assets in the United States. Obiang
relied on the assistance of two American lawyers to move
millions of dollars of suspect funds through U.S. banks. The
lawyers incorporated five shell companies in California and
opened bank accounts associated with the companies for
Obiang's personal use. The suspect funds were first wired to
the lawyers' attorney-client and firm accounts, then
transferred to the accounts of the shell companies.
(10) An American consulting company reportedly made
millions of dollars working for companies owned or partly
owned by Isabel dos Santos, the eldest child of a former
President of Angola. This included working with Angola's
state oil company when it was run by Isabel dos Santos and
helping to ``run a failing jewelry business acquired with
Angolan money''. In 2021, a Dutch tribunal found that Isabel
dos Santos and her husband obtained a $500 million stake in
the oil company through ``grand corruption''.
(11) In December 2021, the United States Government issued
a first-ever ``United States Strategy on Countering
Corruption'', that includes ``Curbing Illicit Finance'' as a
strategic pillar. An express line of effort to advance this
strategic pillar states that: ``Deficiencies in the U.S.
regulatory framework mean various professionals and service
providers--including lawyers, accountants, trust and company
service providers, incorporators, and others willing to be
hired as registered agents or who act as nominees to open and
move funds through bank accounts--are not required to
understand the nature or source of income of their clients or
prospective clients. . .While U.S. law enforcement has
increased its focus on such facilitators, it is both
difficult to prove `intent and knowledge' that a facilitator
was dealing with illicit funds or bad actors, or that they
should have known the same. Cognizant of such constraints,
the Administration will consider additional authorities to
cover key gatekeepers, working with the Congress as necessary
to secure additional authorities''.
(12) This section provides the authorities needed to
require that professional service providers who serve as key
gatekeepers to the U.S. financial system adopt anti-money
laundering procedures that can help detect and prevent the
laundering of corrupt and other criminal funds into the
United States. Absent such authorities, the United States
Government will be unable to adequately protect the U.S.
financial system, identify funds and assets that are the
proceeds of corruption, or support foreign states in their
efforts to combat corruption and promote good governance.
(c) Requirements for Gatekeepers.--
[[Page H6369]]
(1) In general.--Section 5312(a)(2) of title 31, United
States Code, as amended by the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021, is
amended--
(A) by redesignating subparagraphs (Z) and (AA) as
subparagraphs (AA) and (BB), respectively; and
(B) by inserting after subparagraph (Y) the following:
``(Z) any person, excluding any governmental entity,
employee, or agent, who engages in any activity which the
Secretary determines, by regulation pursuant to section
5337(a), to be the provision, with or without compensation,
of--
``(i) corporate or other legal entity arrangement,
association, or formation services;
``(ii) trust services;
``(iii) third party payment services; or
``(iv) legal or accounting services that--
``(I) involve financial activities that facilitate--
``(aa) corporate or other legal entity arrangement,
association, or formation services;
``(bb) trust services; or
``(cc) third party payment services; and
``(II) are not direct payments or compensation for civil or
criminal defense matters.''.
(2) Requirements for gatekeepers.--Subchapter II of chapter
53 of subtitle IV of title 31, United States Code, is amended
by adding at the end the following:
``Sec. 5337. Requirements for gatekeepers.
``(a) In General.--
``(1) In general.--The Secretary shall, not later than 1
year after the date of the enactment this section, issue a
rule to--
``(A) determine what persons fall within the class of
persons described in section 5312(a)(2)(Z); and
``(B) prescribe appropriate requirements for such persons.
``(2) Sense of the congress.--It is the sense of the
Congress that when issuing a rule to determine what persons
fall within the class of persons described in section
5312(a)(2)(Z), the Secretary shall design such rule--
``(A) to minimizes burden of such rule and maximizes the
intended outcome of such rule, as determined by the
Secretary; and
``(B) avoid applying additional requirements for persons
that may fall within the class of persons described in
section 5312(a)(2)(Z) but whom are already, as determined by
the Secretary, appropriately regulated under section 5312.
``(3) Identification of persons.--When determining what
persons fall within the class of persons described in section
5312(a)(2)(Z) the Secretary of the Treasury shall include--
``(A) any person involved in--
``(i) the formation or registration of a corporation,
limited liability company, trust, foundation, limited
liability partnership, partnership, or other similar entity;
``(ii) the acquisition or disposition of an interest in a
corporation, limited liability company, trust, foundation,
limited liability partnership, partnership, or other similar
entity;
``(iii) providing a registered office, address or
accommodation, correspondence or administrative address for a
corporation, limited liability company, trust, foundation,
limited liability partnership, partnership, or other similar
entity;
``(iv) acting as, or arranging for another person to act
as, a nominee shareholder for another person;
``(v) the managing, advising, or consulting with respect to
money or other assets;
``(vi) the processing of payments;
``(vii) the provision of cash vault services;
``(viii) the wiring of money;
``(ix) the exchange of foreign currency, digital currency,
or digital assets; or
``(x) the sourcing, pooling, organization, or management of
capital in association with the formation, operation, or
management of, or investment in, a corporation, limited
liability company, trust, foundation, limited liability
partnership, partnership, or other similar entity;
``(B) any person who, in connection with filing any return,
directly or indirectly, on behalf of a foreign individual,
trust or fiduciary with respect to direct or indirect, United
States investment, transaction, trade or business, or similar
activities--
``(i) obtains or uses a preparer tax identification number;
or
``(ii) would be required to use or obtain a preparer tax
identification number, if such person were compensated for
services rendered;
``(C) any person acting as, or arranging for another person
to act as, a registered agent, trustee, director, secretary,
partner of a company, a partner of a partnership, or similar
position in relation to a corporation, limited liability
company, trust, foundation, limited liability partnership,
partnership, or other similar entity; and
``(D) any person, wherever organized or doing business,
that is--
``(i) owned or controlled by a person described in
subparagraphs (A), (B), or (C);
``(ii) acts as an agent of a person described in
subparagraphs (A), (B), or (C); or
``(iii) is an instrumentality of a person described in
subparagraphs (A), (B), or (C).
``(b) Requirements.--The Secretary shall require persons
described in section 5312(a)(3) to do 1 or more of the
following--
``(1) identify and verify account holders and functional
equivalents as described in section 5318(l), including by
establishing and maintaining written procedures that are
reasonably designed to enable the person to identify and
verify beneficial owners (as such term is defined in section
5336(a)) of clients;
``(2) maintain appropriate procedures, including the
collection and reporting of such information as the Secretary
may prescribe by regulation, to ensure compliance with this
subchapter and regulations prescribed thereunder or to guard
against corruption, money laundering, the financing of
terrorism, or other forms of illicit finance;
``(3) establish anti-money laundering programs as described
in section 5318(h);
``(4) report suspicious transactions as described in
section 5318(g)(1); and
``(5) establish due diligence policies, procedures, and
controls as described in section 5318(i).
``(c) Limitation on Exemptions.--The Secretary may not
delay the application of any requirement described in this
subchapter for any person described in section 5312(a)(2)(Z)
or section 5337(a)(3)
``(d) Extraterritorial Jurisdiction.--Any person described
in section 5312(a)(2)(Z) shall be subject to extraterritorial
Federal jurisdiction with respect to the requirements of this
subtitle.
``(e) Enforcement.--
``(1) Random audits.--Beginning on the date that is 1 year
after the date that the Secretary issues a rule to determine
what persons fall within the class of persons described in
section 5312(a)(2)(Z), and on an ongoing basis thereafter,
the Secretary shall conduct random audits of persons that
fall within the class of persons described in section
5312(a)(2)(Z), in a manner that the Secretary determines
appropriate, to access compliance with this section.
``(2) Reports.--The Secretary shall, not later than 180
days after the conclusion of any calendar year that begins
after the date that is 1 year after the date that the
Secretary issues a rule pursuant to section 5337(a), submit a
report to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate that--
``(A) describes the results of any random audits conducted
pursuant to paragraph (1) during such calendar year; and
``(B) includes recommendations for improving the
effectiveness of the requirements imposed under this section
on persons described in section 5312(a)(2)(Z).''.
(3) Effective date.--This section and the amendments made
by this section shall take effect on the date that the
Secretary of the Treasury issues a rule pursuant to section
5537 of title 31 of the United States Code, as added by this
section.
(4) Conforming amendment.--The table of sections in chapter
53 of subtitle IV of title 31, United States Code, is amended
by inserting after the item relating to section 5336 the
following:
``5337. Requirements for gatekeepers.''.
(5) Use of technology to increase efficiency and accuracy
of information.--
(A) In general.--The Secretary of the Treasury, acting
through the Director of the Financial Crimes Enforcement
Network, shall promote the integrity and timely, efficient
collection of information by persons described in section
5312(a)(2)(Z) of title 31, United States Code by exploring
the use of technologies to--
(i) effectuate the collection, standardization,
transmission, and sharing of such information as required
under section 5337 of title 31, United States Code; and
(ii) minimize the burdens associated with the collection,
standardization, transmission, and sharing of such
information as required under section 5337 of title 31,
United States Code.
(B) Report.--Not later than 3 years after the date of the
enactment of this subsection, the Director of the Financial
Crimes Enforcement Network shall submit a report to Committee
on Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate that--
(i) describes any findings of the Director of the Financial
Crimes Enforcement with respect to technologies that may
effectuate the collection, standardization, transmission, and
sharing of such information as required under section 5337 of
title 31, United States Code; and
(ii) makes recommendations for implementing such
technologies.
(d) Gatekeepers Strategy.--Section 262 of the Countering
America's Adversaries Through Sanctions Act is amended by
inserting after paragraph (10) the following:
``(11) Gatekeeper strategy.--
``(A) In general.--A description of efforts to impose
sufficient anti-money laundering safeguards on types of
persons who serve as gatekeepers.
``(B) Update.--If the updates to the national strategy
required under section 261 have been submitted to appropriate
congressional committees before the date of the enactment of
this paragraph, the President shall submit to the appropriate
congressional committees an additional update to the national
strategy with respect to the addition of this paragraph not
later than 1 year after the date of the enactment of this
paragraph.''.
(e) Agency Coordination and Collaboration.--The Secretary
of the Treasury shall, to the greatest extent practicable--
(1) establish relationships with State, local, territorial,
and Tribal governmental agencies; and
[[Page H6370]]
(2) work collaboratively with such governmental agencies to
implement and enforce the regulations prescribed under this
section and the amendments made by this section, by--
(A) using the domestic liaisons established in section
310(f) of title 31, United States Code, to share information
regarding changes effectuated by this section;
(B) using the domestic liaisons established in section
310(f) of title 31, United States Code, to advise on
necessary revisions to State, local, territorial, and Tribal
standards with respect to relevant professional licensure;
(C) engaging with various gatekeepers as appropriate,
including with respect to information sharing and data
sharing; and
(D) working with State, local, territorial, and Tribal
governmental agencies to levy professional sanctions on
persons who facilitate corruption, money laundering, the
financing of terrorist activities, and other related crimes.
(f) Authorization of Appropriations.--In addition to
amounts otherwise available for such purposes, there are
authorized to be appropriated to the Secretary of the
Treasury, without fiscal year limitation, $53,300,000 to
remain available until expended, exclusively for the purpose
of carrying out this section and the amendments made by the
Act, including for--
(1) the hiring of personnel;
(2) the exploration and adoption of information technology
to effectively support enforcement activities or activities
described in subsection (c) of this section and the
amendments made by such subsection;
(3) audit, investigatory, and review activities, including
those described in subsection (c) of this section and the
amendments made by such subsection;
(4) agency coordination and collaboration efforts and
activities described in subsection (e) of this section;
(5) for voluntary compliance programs;
(6) for conducting the report in subsection (c)(5) of this
section; and
(7) for allocating amounts to the State, local,
territorial, and Tribal jurisdictions to pay reasonable costs
relating to compliance with or enforcement of the
requirements of this section.
(g) Rule of Construction.--Nothing in this section may be
construed to be limited or impeded by any obligations under
State, local, territorial, or Tribal laws or rules concerning
privilege, ethics, confidentiality, privacy, or related
matters.
Amendment No. 417 Offered by Ms. Waters of California
Add at the end of title LIV of division E the following:
SEC. 5403. CAPACITY BUILDING FOR COMMUNITY DEVELOPMENT AND
AFFORDABLE HOUSING.
Section 4 of the HUD Demonstration Act of 1993 (42 U.S.C.
9816 note) is amended--
(1) in subsection (a), by striking ``the National Community
Development Initiative, Local Initiatives Support
Corporation, The Enterprise Foundation, Habitat for Humanity,
and Youthbuild USA'' and inserting ``non-Federal entities,
including nonprofit organizations that can provide technical
assistance activities to community development corporations,
community housing development organizations, community land
trusts, nonprofit organizations in insular areas, and other
mission-driven and nonprofit organizations that target
services to low-income and socially disadvantaged
populations, and provide services in neighborhoods having
high concentrations of minority, low-income, or socially
disadvantaged populations,''; and
(2) in subsection (b)(3), by striking ``National Community
Development Initiative, Local Initiatives Support
Corporation, The Enterprise Foundation, Habitat for Humanity,
and Youthbuild USA'' and inserting ``non-Federal entities
through which assistance is provided under this section,''.
SEC. 5404. AFFORDABLE HOUSING CONSTRUCTION AS ELIGIBLE
ACTIVITY UNDER COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM.
(a) Eligible Activity.--Subsection (a) of section 105 of
the Housing and Community Development Act of 1974 (42 U.S.C.
5305(a)) is amended--
(1) in paragraph (25)(D), by striking ``and'' at the end;
(2) in paragraph (26), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(27) the new construction of affordable housing, within
the meaning given such term under section 215 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12745).''.
(b) Low and Moderate Income Requirement.--Paragraph (3) of
section 105(c) of the Housing and Community Development Act
of 1974 (42 U.S.C. 5305(c)(3)) is amended by striking ``or
rehabilitation'' and inserting ``, rehabilitation, or new
construction''.
(c) Applicability.--The amendments made by this section
shall apply with respect only to amounts appropriated after
the date of the enactment of this Act.
SEC. 5405. CONSIDERATION OF SMALL HOME MORTGAGE LENDING UNDER
COMMUNITY REINVESTMENT ACT.
(a) In General.-- Section 804 of the Community Reinvestment
Act of 1977 (12 U.S.C. 2903) is amended by adding at the end
the following:
``(e) Consideration of Small Home Mortgage Lending.--
``(1) In general.--As part of assessing a financial
institution under subsection (a), the appropriate Federal
financial supervisory agency shall evaluate the financial
institution's performance in facilitating home mortgage
lending targeted to low- and moderate-income borrowers in a
safe and sound manner, including--
``(A) mortgages of $100,000 or less in value that
facilitate a home purchase or help a borrower to refinance an
existing mortgage;
``(B) mortgages of $100,000 or less in value originated in
cooperation with a minority depository institution, women's
depository institution, low-income credit union, or a
community development financial institution certified by the
Secretary of the Treasury (as defined under section 103 of
the Riegle Community Development and Regulatory Improvement
Act of 1994).
``(C) mortgages of $100,000 or less in value originated to
purchase or refinance a home as part of a special purpose
credit program (as defined under section 1002.8(a) of title
12, Code of Federal Regulations).
``(2) Data collection and reporting by large financial
institutions.--
``(A) In general.--Each large financial institution shall
collect, maintain, and report to the appropriate Federal
financial supervisory agency--
``(i) mortgage loan data needed to calculate retail lending
volume and distribution metrics;
``(ii) information related to demographics of borrowers,
including the income, disability, gender identity, race, and
ethnicity of mortgage applicants;
``(iii) the number of mortgage loans originated with a
value of $100,000 or less as well as the demographics of
borrowers, including income, race, gender, and ethnicity; and
``(iv) all mortgage loans for the purpose of a home
purchase and a refinance originated by the bank through a
special purpose credit program, to focus on Black, Latinx,
Native American, Asian American, Pacific Islander borrowers.
``(B) Template.--The appropriate Federal financial
supervisory agencies shall, jointly, issue rules to establish
a template that large financial institutions shall use to
collect information required to be collected under this
paragraph.
``(C) Large financial institution defined.--The appropriate
Federal financial supervisory agencies shall, jointly, define
the term `large financial institution' for purposes of this
paragraph.''.
(b) Discretionary Surplus Fund.--
(1) In general.--Subparagraph (A) of section 7(a)(3) of the
Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by
reducing the dollar figure described in such subparagraph by
$3,000,000.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on September 30, 2022.
SEC. 5406. PROHIBITION ON CONSUMER REPORTS CONTAINING ADVERSE
INFORMATION RELATED TO CERTAIN STUDENT LOANS.
(a) Canceled or Forgiven Federal Student Loans.--Section
605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a))
is amended by adding at the end the following:
``(9) Any adverse information related to any portion of a
loan made, insured, or guaranteed under part B or made under
part D of the Higher Education Act of 1965, to the extent the
loan was repaid, canceled, or otherwise forgiven by the
Secretary of Education.''.
(b) Student Loans Related to Corinthian Colleges.--Section
605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)),
as amended by subsection (a), is further amended by adding at
the end the following
``(10) Any adverse information related to a private
education loan (as defined under section 140(a) of the Truth
in Lending Act) if such loan was provided to cover expenses
related to attending a school owned by Corinthian Colleges,
Inc.''.
SEC. 5407. EXTENSION OF THE CENTRAL LIQUIDITY FACILITY.
(a) In General.--Section 4016(b) of the CARES Act (12
U.S.C. 1795a note) is amended by adding at the end the
following:
``(3) Extension.--During the period beginning on the date
of enactment of this Act and ending on December 31, 2023, the
provisions of law amended by this subsection shall be applied
as such provisions were in effect on the day before the
effective date described under paragraph (2).''.
(b) CLF Borrowing Authority.--Effective on the date of
enactment of the CARES Act, section 307(a)(4)(A) of the
Federal Credit Union Act (12 U.S.C. 1795f(a)(4)(A)) is
amended by striking ``twelve times the subscribed capital
stock and surplus of the Facility, provided that, the total
face value of such obligations shall not exceed 16 times the
subscribed capital stock and surplus of the Facility for the
period beginning on the date of enactment of the Coronavirus
Economic Stabilization Act of 2020 and ending on December 31,
2021'' and inserting ``16 times the subscribed capital stock
and surplus of the Facility''.
SEC. 5408. PROMOTING CAPITAL RAISING OPTIONS FOR
TRADITIONALLY UNDERREPRESENTED SMALL
BUSINESSES.
Section 4(j)(4) of the Securities Exchange Act of 1934 (15
U.S.C. 78d(j)(4)) is amended--
(1) in subparagraph (G), by striking ``and'' at the end;
(2) in subparagraph (H), by striking the period at the end
and insert a semicolon; and
(3) by adding at the end the following:
[[Page H6371]]
``(I) provide educational resources and host events to
raise awareness of capital raising options for--
``(i) underrepresented small businesses, including women-
owned and minority-owned small businesses;
``(ii) businesses located in rural areas; and
``(iii) small businesses affected by hurricanes or other
natural disasters; and
``(J) at least annually, meet with representatives of State
securities commissions to discuss opportunities for
collaboration and coordination with respect to efforts to
assist small businesses and small business investors.''.
SEC. 5409. IMPROVEMENTS BY COUNTRIES IN COMBATING NARCOTICS-
RELATED MONEY LAUNDERING.
Section 489(a)(7) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291h(a)(7)) is amended--
(1) in the matter before subparagraph (A), by striking
``paragraph (3)(D)'' and inserting ``paragraph (3)(C)''; and
(2) by inserting after subparagraph (C) the following:
``(D) Where the information is available, examples of
improvements in each country related to the findings
described in each of clauses (i) through (viii) of
subparagraph (C), such as--
``(i) actions taken by the country due to each country's
adoption of law and regulations considered essential to
prevent narcotics-related money laundering;
``(ii) enhanced enforcement actions taken by the country,
such as regulatory penalties, criminal prosecutions and
convictions, and asset seizures and forfeitures;
``(iii) status changes in international financial crime-
related evaluations;
``(iv) other descriptions that are representative of
efforts to enhance the prevention of narcotics-related money
laundering; and
``(v) if applicable, bilateral, multilateral, and regional
initiatives which have been undertaken to prevent narcotics-
related money laundering.''.
SEC. 5410. STUDY ON THE ROLE OF ONLINE PLATFORMS AND TENANT
SCREENING COMPANIES IN THE HOUSING MARKET.
(a) Study.--The Secretary of Housing and Urban Development
and the Director of the Bureau of Consumer Financial
Protection shall, jointly, carry out a study to--
(1) assess the role of online platforms and tenant
screening companies in the housing market, including
purchasing homes and providing housing-related services to
landlords and consumers, including tenants, homeowners, and
prospective homebuyers;
(2) assess how such entities currently comply with fair
housing, fair lending, and consumer financial protection laws
and regulations (including the Fair Housing Act, the Equal
Credit Opportunity Act, the Fair Credit Reporting Act, and
other relevant statutes and regulations determined relevant
by the Secretary and the Director), including in their
digital advertising, digital listing, and tenant screening
practices;
(3) assess how such entities are currently using artificial
intelligence, including machine learning, in their services,
and how these technologies are being assessed for compliance
with appropriate fair housing and fair lending laws; and
(4) assess the impact of how such entities and their use of
artificial intelligence technologies, including machine
learning, affect low- and moderate-income communities and
communities of color in particular, including any impediments
to fair housing and fair lending.
(b) Reports.--
(1) In general.--The Secretary and the Director shall,
jointly, issue an initial report to the Committee on
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate not later than 1 year after the date of enactment of
this Act, and issue a final report to such committees not
later than 2 years after the date of enactment of this Act,
containing--
(A) all findings and determinations made in carrying out
the study required under subsection (a); and
(B) any recommendations on how to improve entities', as
described under subsection (a)(1), compliance with fair
housing, fair lending, and consumer financial protection laws
and regulations, including to affirmatively further fair
housing, to prevent algorithmic bias, and to promote greater
transparency, explainability, privacy, and fairness in the
development and implementation of artificial intelligence
technologies, including machine learning, with respect to the
products and services they offer.
(2) Additional reports.--The Secretary and the Director
may, either individually or jointly, issue updates to the
final report described under paragraph (1), as the Secretary
or the Director determines necessary.
SEC. 5411. UNITED STATES OPPOSITION TO MULTILATERAL
DEVELOPMENT BANK PROJECTS THAT PROVIDE A PUBLIC
SUBSIDY TO A PRIVATE SECTOR FIRM UNLESS THE
SUBSIDY IS AWARDED USING AN OPEN, COMPETITIVE
PROCESS OR ON AN OPEN-ACCESS BASIS.
Title XV of the International Financial Institutions Act
(22 U.S.C. 262o-262o-4) is amended by adding at the end the
following:
``SEC. 1506. UNITED STATES OPPOSITION TO MULTILATERAL
DEVELOPMENT BANK PROJECTS THAT PROVIDE A PUBLIC
SUBSIDY TO A PRIVATE SECTOR FIRM UNLESS THE
SUBSIDY IS AWARDED USING AN OPEN, COMPETITIVE
PROCESS OR ON AN OPEN-ACCESS BASIS.
``(a) In General.--The Secretary of the Treasury shall
instruct the United States Executive Director at each
multilateral development bank--
``(1) to use voice, vote, and influence of the United
States to ensure that private sector subsidies provided by
the respective bank, including through the Private Sector
Window of the International Development Association, are
provided in accordance with the World Bank guidelines; and
``(2) to vote against any project at the respective bank,
including through the Private Sector Window of the
International Development Association, that provides a public
subsidy to a private sector firm unless--
``(A) the subsidy is awarded using an open, competitive
process;
``(B) the subsidy is awarded on an open access basis; or
``(C) the United States Executive Director at the
respective bank determines that the subsidy falls within an
exception provided in the World Bank guidelines for the use
of direct contracting.
``(b) Publication of Determination.--Within 60 days after
the United States Executive Director at any multilateral
development bank makes a determination described in
subsection (a)(2)(C), the Secretary of the Treasury shall
cause to be posted on the website of the Department of the
Treasury a justification for the determination.
``(c) Definitions.--In this section:
``(1) Multilateral development bank.--The term
`multilateral development bank' has the meaning given in
section 1701(c)(4).
``(2) World bank guidelines.--The term `World Bank
Guidelines' means the July 2014 revised edition of the
document, entitled `Procurement of Goods, Works, and Non-
Consulting Services under IBRD Loans and IDA Credits & Grants
by World Bank Borrowers', published by the World Bank
Group.''.
SEC. 5412. UNITED STATES CONTRIBUTION TO THE CATASTROPHE
CONTAINMENT AND RELIEF TRUST AT THE
INTERNATIONAL MONETARY FUND.
(a) Contribution Authority.--The Secretary of the Treasury
may contribute $200,000,000 on behalf of the United States to
the Catastrophe Containment and Relief Trust of the
International Monetary Fund.
(b) Limitations on Authorization of Appropriations.--For
the contribution authorized by subsection (a), there are
authorized to be appropriated, without fiscal year
limitation, $200,000,000 for payment by the Secretary of the
Treasury.
SEC. 5413. PUBLIC REPORTING OF UNITED STATES VOTES TO
SUPPORT, OR ABSTENTION FROM VOTING ON,
MULTILATERAL DEVELOPMENT BANK PROJECTS UNDER
THE GUIDANCE ON FOSSIL FUEL ENERGY AT THE
MULTILATERAL DEVELOPMENT BANKS ISSUED BY THE
DEPARTMENT OF THE TREASURY ON AUGUST 16, 2021.
Title XIII of the International Financial Institutions Act
(22 U.S.C. 262m-262m-8) is amended by adding at the end the
following:
``SEC. 1309. PUBLIC REPORTING OF UNITED STATES VOTES TO
SUPPORT, OR ABSTENTION FROM VOTING ON,
MULTILATERAL DEVELOPMENT BANK PROJECTS UNDER
THE GUIDANCE ON FOSSIL FUEL ENERGY AT THE
MULTILATERAL DEVELOPMENT BANKS ISSUED BY THE
DEPARTMENT OF THE TREASURY ON AUGUST 16, 2021.
``Within 60 days after the United States votes to support,
or abstains from voting on, a multilateral development bank
(as defined in section 1701(c)(4)) project under the Guidance
on Fossil Fuel Energy at the Multilateral Development Banks
issued by the Department of the Treasury on August 16, 2021,
the Secretary of Treasury shall cause to be posted on the
website of the Department of the Treasury a detailed
justification for the vote or abstention.''.
SEC. 5414. UNITED STATES POLICY ON INTERNATIONAL FINANCE
CORPORATION DISCLOSURE OF HIGH AND SUBSTANTIAL
RISK SUB-PROJECTS OF FINANCIAL INTERMEDIARY
CLIENTS.
Title XVI of the International Financial Institutions Act
(22 U.S.C. 262p et seq.) is amended by adding at the end the
following:
``SEC. 1632. UNITED STATES POLICY ON INTERNATIONAL FINANCE
CORPORATION DISCLOSURE OF HIGH AND SUBSTANTIAL
RISK SUB-PROJECTS OF FINANCIAL INTERMEDIARY
CLIENTS.
``(a) In General.--The Secretary of the Treasury shall
instruct the United States Executive Director at the
International Finance Corporation to use the voice, vote, and
influence of the United States to seek the adoption at the
institution of a policy to require each financial
intermediary client to publicly disclose on the website of
the International Finance Corporation, in searchable form,
and updated annually, the following information about the
Category A and B sub-projects of the client, within 6 months
after the date of the enactment of this section for existing
clients and, for new clients, within 6 months after the date
of Board approval for new investments:
``(1) The name, city, and sector for all sub-projects.
``(2) The environmental and social risk assessments and
mitigation plans that have been completed for each sub-
project.
``(3) A summary of the Environmental and Social Management
System of the client including a detailed description of
policies to
[[Page H6372]]
appropriately identify, categorize, assess, and address the
environmental and social risks relevant to the activities the
client is financing.
``(4) A link to the full Environmental and Social
Management System policy on the website of the client.
``(b) Reporting Requirement.--Within 6 months after the
date of the enactment of this section, the Secretary of the
Treasury shall submit a report to the Committee on Financial
Services of the House of Representatives and the Committee on
Foreign Relations of the Senate containing--
``(1) a description of the efforts by the Secretary to
achieve the policy outlined in subsection (a); and
``(2) a description of any opposition from management,
shareholders, and clients to the adoption of the policy.''.
SEC. 5415. UNITED STATES POLICY ON MULTILATERAL DEVELOPMENT
BANK DISCLOSURE OF BENEFICIAL OWNERSHIP
INFORMATION.
Title XV of the International Financial Institutions Act
(22 U.S.C. 262o-262o-4) is further amended by adding at the
end the following:
``SEC. 1507. UNITED STATES POLICY ON MULTILATERAL DEVELOPMENT
BANK DISCLOSURE OF BENEFICIAL OWNERSHIP
INFORMATION.
``(a) In General.--The Secretary of the Treasury shall
instruct the United States Executive Director at each
multilateral development bank--
``(1) to use voice and vote of the United States to
advocate for the adoption of a policy at the respective
institution to collect, verify and publish beneficial
ownership information for any corporation or limited
liability company, other than a publicly listed company, that
receives any assistance from the bank; and
``(2) to vote against the provision of any assistance by
the bank to any corporation or limited liability company,
other than a publicly listed company, unless the bank
collects, verifies, and publishes beneficial ownership
information for the entity.
``(b) Definitions.--In this section:
``(1) Multilateral development bank.--The term
`multilateral development bank' has the meaning given in
section 1701(c)(4).
``(2) Beneficial owner.--The term `beneficial owner' has
the meaning given in section 5336(3) of title 31, United
States Code.''.
SEC. 5416. STRENGTHENING THE SEC'S WHISTLEBLOWER FUND.
Section 21F(g)(3)(A) of the Securities Exchange Act of 1934
(15 U.S.C. 78u-6(g)(3)(A)) is amended--
(1) in clause (i), by striking ``$300,000,000'' and
inserting ``$600,000,000 (as such amount is indexed for
inflation every 5 years by the Commission to reflect the
change in the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics)''; and
(2) in clause (ii)--
(A) by striking ``$200,000,000'' and inserting
``$600,000,000 (as such amount is indexed for inflation every
5 years by the Commission to reflect the change in the
Consumer Price Index for All Urban Consumers published by the
Bureau of Labor Statistics)'';
(B) by striking ``Fund'' and inserting ``fund''; and
(C) by striking ``balance of the disgorgement fund'' and
inserting ``balance of the Fund''.
At the end of division E, add the following:
TITLE LIX--PROMOTING AND ADVANCING COMMUNITIES OF COLOR THROUGH
INCLUSIVE LENDING ACT
SEC. 5901. SHORT TITLE.
This title may be cited as the ``Promoting and Advancing
Communities of Color Through Inclusive Lending Act''.
Subtitle A--Promoting and Advancing Communities of Color Through
Inclusive Lending
SEC. 5911. STRENGTHENING DIVERSE AND MISSION-DRIVEN COMMUNITY
FINANCIAL INSTITUTIONS.
(a) Minority Lending Institution Set-aside in Providing
Assistance.--
(1) In general.--Section 108 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12 U.S.C.
4707) is amended by adding at the end the following:
``(i) Supporting Minority Institutions.--Notwithstanding
any other provision of law, in providing any assistance to
community development financial institutions, the Fund shall
reserve 40 percent of such assistance for minority lending
institutions.''.
(2) Definitions.--Section 103 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12 U.S.C.
4702) is amended by adding at the end the following:
``(22) Minority lending institution.--The term `minority
lending institution' has the meaning given that term under
section 523(c) of division N of the Consolidated
Appropriations Act, 2021.''.
(b) Office of Minority Lending Institutions.--Section 104
of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4703) is amended by adding
at the end the following:
``(l) CDFI Office of Minority Lending Institutions.--There
is established within the Fund an Office of Minority Lending
Institutions, which shall oversee assistance provided by the
Fund to minority lending institutions.''.
(c) Reporting on Minority Lending Institutions.--Section
117 of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4716) is amended by adding
at the end the following:
``(g) Reporting on Minority Lending Institutions.--Each
report required under subsection (a) shall include a
description of the extent to which assistance from the Fund
are provided to minority lending institutions.''.
(d) Submission of Demographic Data Relating to Diversity by
Community Development Financial Institutions.--Section 104 of
the Riegle Community Development and Regulatory Improvement
Act of 1994 (12 U.S.C. 4703), as amended by subsection (b),
is further amended by adding at the end the following:
``(m) Submission of Demographic Data Relating to
Diversity.--
``(1) Definitions.--In this subsection--
``(A) the term `executive officer' has the meaning given
the term in section 230.501(f) of title 17, Code of Federal
Regulations, as in effect on the date of enactment of this
subsection;
``(B) the term `gender identity' means the gender-related
identity, appearance, mannerisms, or other gender-related
characteristics of an individual, regardless of the
individual's designated sex at birth;
``(C) the term `sexual orientation' means homosexuality,
heterosexuality, or bisexuality; and
``(D) the term `veteran' has the meaning given the term in
section 101 of title 38, United States Code.
``(2) Submission of disclosure.--Each Fund applicant and
recipient shall provide data regarding such factors as may be
determined by the Fund, which may include the following:
``(A) Demographic data, based on voluntary self-
identification, on the racial, ethnic, gender identity, and
sexual orientation composition of--
``(i) the board of directors of the institution; and
``(ii) the executive officers of the institution.
``(B) The status of any member of the board of directors of
the institution, any nominee for the board of directors of
the institution, or any executive officer of the institution,
based on voluntary self-identification, as a veteran.
``(C) Whether the board of directors of the institution, or
any committee of that board of directors, has, as of the date
on which the institution makes a disclosure under this
paragraph, adopted any policy, plan, or strategy to promote
racial, ethnic, and gender diversity among--
``(i) the board of directors of the institution;
``(ii) nominees for the board of directors of the
institution; or
``(iii) the executive officers of the institution.
``(3) Report to congress.--Not later than 24 months after
the date of enactment of this subsection, and every other
year thereafter, the Fund shall submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives, and make publicly available on the website
of the Fund, a report--
``(A) on the demographic data and trends of the diversity
information made available pursuant to paragraph (2),
including breakdowns by each State (including the District of
Columbia and each territory of the United States) and Tribal
government entity; and
``(B) containing any administrative or legislative
recommendations of the Fund to enhance the implementation of
this title or to promote diversity and inclusion within
community development financial institutions.''.
(e) Office of Diverse and Mission-Driven Community
Financial Institutions.--
(1) Establishment.--There is established within the
Department of the Treasury the Office of Diverse and Mission-
Driven Community Financial Institutions.
(2) Leadership.--The Office of Diverse and Mission-Driven
Community Financial Institutions shall be led by a Deputy
Assistant Secretary for Diverse and Mission-Driven Community
Financial Institutions, who shall be appointed by the
Secretary of the Treasury, in consultation with the
Department of the Treasury's Director of Office of Minority
and Women Inclusion.
(3) Functions.--The Office of Diverse and Mission-Driven
Community Financial Institutions, pursuant to the direction
of the Secretary, shall seek to provide support for diverse
and mission-driven community financial institutions and have
the authority--
(A) to monitor and issue reports regarding--
(i) community development financial institutions, minority
depository institutions, and minority lending institutions;
and
(ii) the role such institutions play in the financial
system of the United States, including the impact they have
on providing financial access to low- and moderate-income
communities, communities of color, and other underserved
communities;
(B) to serve as a resource and Federal liaison for current
and prospective community development financial institutions,
minority depository institutions, and minority lending
institutions seeking to engage with the Department of the
Treasury, the Community Development Financial Institutions
Fund (``CDFI Fund''), other Federal government
[[Page H6373]]
agencies, including by providing contact information for
other offices of the Department of the Treasury or other
Federal Government agencies, resources, technical assistance,
or other support for entities wishing--
(i) to become certified as a community development
financial institution, and maintain the certification;
(ii) to obtain a banking charter, deposit insurance, or
otherwise carry on banking activities in a safe, sound, and
responsible manner;
(iii) to obtain financial support through private sector
deposits, investments, partnerships, and other means;
(iv) to expand their operations through internal growth and
acquisitions;
(v) to develop and upgrade their technology, cybersecurity
resilience, compliance systems, data reporting systems, and
their capacity to support their communities, including
through partnerships with third-party companies;
(vi) to obtain grants, awards, investments and other
financial support made available through the CDFI Fund, the
Board of Governors of the Federal Reserve System, the Central
Liquidity Facility, the Federal Home Loan Banks, and other
Federal programs;
(vii) to participate as a financial intermediary with
respect to various Federal and State programs and agencies,
including the State Small Business Credit Initiative and
programs of the Small Business Administration; and
(viii) to participate in Financial Agent Mentor-Protege
Program of the Department of the Treasury and other Federal
programs designed to support private sector partnerships;
(C) to provide resources to the public wishing to learn
more about minority depository institutions, community
development financial institutions, and minority lending
institutions, including helping the Secretary implement the
requirements under section 334, publishing reports issued by
the Office on the website of the Department of the Treasury
and providing hyperlinks to other relevant reports and
materials from other Federal agencies;
(D) to provide policy recommendations to other relevant
Federal agencies and Congress on ways to further strengthen
Federal support for community development financial
institutions, minority depository institutions, and minority
lending institutions;
(E) to assist the Secretary in carrying out the Secretary's
responsibilities under section 308 of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989
(12 U.S.C. 1463 note) to preserve and promote minority
depository institutions in consultation with the Chairman of
the Board of Governors of the Federal Reserve System, the
Comptroller of the Currency, the Chairman of the National
Credit Union Administration, and the Chairperson of the Board
of Directors of the Federal Deposit Insurance Corporation;
(F) to carry out other duties of the Secretary of the
Treasury required by this subtitle and the amendments made by
this subtitle, and to perform such other duties and
authorities as may be assigned by the Secretary.
(f) Strengthening Federal Efforts and Interagency
Coordination to Promote Diverse and Mission-driven Community
Financial Institutions.--
(1) Senior officials designated.--The Chairman of the Board
of Governors of the Federal Reserve System, the Comptroller
of the Currency, the Chairman of the National Credit Union
Administration, the Chairperson of the Board of Directors of
the Federal Deposit Insurance Corporation, and the Director
of the Bureau of Consumer Financial Protection shall each, in
consultation with their respective Director of Office of
Minority and Women Inclusion, designate a senior official to
be their respective agency's officer responsible for
promoting minority depository institutions, community
development financial institutions, and minority lending
institutions, including to fulfill obligations under section
308 of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C. 1463 note) to preserve and
promote minority depository institutions.
(2) Interagency working group.--The Department of the
Treasury shall regularly convene meetings, no less than once
a quarter, of an interagency working group to be known as the
``Interagency Working Group to Promote Diverse and Mission-
Driven Community Financial Institutions'', which shall
consist of the senior officials designated by their
respective agencies under paragraph (1), along with the
Deputy Assistant Secretary for Diverse and Mission-Driven
Community Financial Institutions, the Director of the
Community Development Financial Institutions Fund, and such
other government officials as the Secretary of the Treasury
may choose to invite, to examine and discuss the state of
minority depository institutions, community development
financial institutions, and minority lending institutions,
and actions the relevant agencies can take to preserve,
promote, and strengthen these institutions.
(3) Promoting fair housing and collective ownership
opportunities.--
(A) Initial report.--Not later than 18 months after the
date of the enactment of this subsection, the Secretary of
Treasury, jointly with the Secretary of Housing and Urban
Development, shall issue a report to the covered agencies and
the Congress examining different ways financial institutions,
including community development financial institutions, can
affirmatively further fair housing and be encouraged and
incentivized to carry out activities that expand long-term
wealth-building opportunities within low-income and minority
communities that support collective ownership opportunities,
including through investments in worker cooperatives,
consumer cooperatives, community land trusts, not-for-profit-
led shared equity homeownership, and limited-equity
cooperatives, and to provide recommendations to the covered
agencies and the Congress in the furtherance of these
objectives.
(B) Progress updates.--Beginning not later than three years
after the date of the enactment of this subsection, and every
five years thereafter, the Secretary of the Treasury and the
Secretary of Housing and Urban Development shall, after
receiving the necessary updates from the covered agencies,
issue a report examining the progress made on implementing
relevant recommendations, and providing any additional
recommendations to the covered agencies and the Congress in
furtherance of the objectives under subparagraph (A).
(C) Covered agencies.--For purposes of this subsection, the
term ``covered agencies'' means the Community Development
Financial Institutions Fund, the Department of Housing and
Urban Development. the Board of Governors of the Federal
Reserve System, the Federal Deposit Insurance Corporation,
the Office of the Comptroller of the Currency, the National
Credit Union Administration, and the Federal Housing Finance
Agency.
(4) Annual report to congress.--Not later than 1 year after
the date of the enactment of this subsection, and annually
thereafter, the Secretary of the Treasury, the Chairman of
the Board of Governors of the Federal Reserve System, the
Comptroller of the Currency, the Chairman of the National
Credit Union Administration, the Chairperson of the Board of
Directors of the Federal Deposit Insurance Corporation, and
the Director of the Bureau of Consumer Financial Protection
shall submit a joint report to the Committee on Financial
Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate regarding
the work that has been done the prior year to preserve,
promote, and strengthen community development financial
institutions, minority depository institutions, and minority
lending institutions, along with any policy recommendations
on actions various government agencies and Congress should
take to preserve, promote, and strengthen community
development financial institutions, minority depository
institutions, and minority lending institutions.
SEC. 5912. CAPITAL INVESTMENTS, GRANTS, AND TECHNOLOGY
SUPPORT FOR MDIS AND CDFIS.
(a) Authorization of Appropriation.--There is authorized to
be appropriated to the Emergency Capital Investment Fund
$4,000,000,000. Such funds may be used for administrative
expenses of the Department of the Treasury.
(b) Conforming Amendments to Allow for Additional Purchases
of Capital.--Section 104A of the Riegle Community Development
and Regulatory Improvement Act of 1994 (12 U.S.C. 4703a) is
amended--
(1) in subsection (c), by striking paragraph (2); and
(2) in subsection (e), by striking paragraph (2).
(c) Use of Funds for CDFI Financial and Technical
Assistance.--Section 104A of the Riegle Community Development
and Regulatory Improvement Act of 1994 (12 U.S.C. 4703a) is
amended by adding at the end the following:
``(p) Use of Funds for CDFI Financial and Technical
Assistance.--The Secretary shall transfer no less than
$1,000,000,000 in the Emergency Capital Investment Fund to
the Fund for the purpose of providing financial and technical
assistance grants to community development financial
institutions certified by the Secretary. The Fund shall
provide such grants using a formula that takes into account
criteria such as certification status, financial and
compliance performance, portfolio and balance sheet strength,
diversity of CDFI business model types, and program
capacity.''.
(d) Technology Grants for MDIs and CDFIs.--
(1) Study and report on certain technology challenges.--
(A) Study.--The Secretary of the Treasury shall carry out a
study on the technology challenges impacting minority
depository institutions and community development financial
institutions with respect to--
(i) internal technology capabilities and capacity of the
institutions to process loan applications and otherwise serve
current and potential customers through the internet, mobile
phone applications, and other tools;
(ii) technology capabilities and capacity of the
institutions, provided in partnership with third party
companies, to process loan applications and otherwise serve
current and potential customers through the internet, mobile
phone applications, and other tools;
(iii) cybersecurity; and
(iv) challenges and solutions related to algorithmic bias
in the deployment of technology.
(B) Report.--Not later than 18 months after the date of the
enactment of this subsection, the Secretary shall submit a
report
[[Page H6374]]
to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate that includes the results of the
study required under subparagraph (A).
(2) Technology grant program.--
(A) Program authorized.--The Secretary shall carry out a
technology grant program to make grants to minority
depository institutions and community development financial
institutions to address technology challenges impacting such
institutions.
(B) Application.--To be eligible to be awarded a grant
under this paragraph, a minority depository institution or
community development financial institution shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
(C) Use of funds.--A minority depository institution or
community development financial institution that is awarded a
grant under this paragraph may use the grant funds to--
(i) enhance or adopt technologies that--
(I) shorten loan approval processes;
(II) improve customer experience;
(III) provide additional services to customers;
(IV) facilitate compliance with applicable laws,
regulations, and program requirements, including testing to
ensure that the use of technology does not result in
discrimination, and helping to satisfy data reporting
requirements;
(V) help ensure privacy of customer records and
cybersecurity resilience; and
(VI) reduce the unbanked and underbanked population; or
(ii) carry out such other activities as the Secretary
determines appropriate.
(3) Funding.--The Secretary may use amounts in the
Emergency Capital Investment Fund to implement and make
grants under paragraph (2), but not to exceed $250,000,000 in
the aggregate.
(4) Definitions.--In this subsection, the terms ``community
development financial institution'' and ``minority depository
institution'' have the meaning given those terms,
respectively, under section 103 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12 U.S.C.
4702).
(e) Pilot Program for Establishing De Novo CDFIs and
MDIs.--
(1) In general.--The Secretary of the Treasury, in
consultation with the Fund and the appropriate Federal
banking agencies, shall establish a pilot program to provide
competitive grants to a person for the purpose of providing
capital for such person to establish a minority depository
institution or a community development financial institution.
(2) Application.--A person desiring a grant under this
subsection shall submit to the Secretary an application in
such form and containing such information as the Secretary
determines appropriate.
(3) Disbursement.--Before disbursing grant amounts to a
person selected to receive a grant under this subsection, the
Secretary shall ensure that such person has received approval
from the appropriate Federal banking agency (or such other
Federal or State agency from whom approval is required) to
establish a minority depository institution or a community
development financial institution, as applicable.
(4) Funding.--The Secretary may use amounts in the
Emergency Capital Investment Fund to implement and make
grants under paragraph (2), but not to exceed $100,000,000 in
the aggregate.
(5) Definitions.--In this subsection, the terms
``appropriate Federal banking agency'', ``community
development financial institution'', ``Fund'', and ``minority
depository institution'' have the meaning given those terms,
respectively, under section 103 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12 U.S.C.
4702).
(f) Guidance for Subchapter S and Mutual Banks.--Not later
than 30 days after the date of enactment of this Act, the
Board of Governors of the Federal Reserve System and the
Secretary shall issue guidance regarding how Emergency
Capital Investment Program investments (whether made before
or after the date of enactment of this Act) are considered
for purposes of various prudential requirements, including
debt to equity, leverage ratio, and double leverage ratio
requirements with respect to subchapter S and mutual bank
recipients of such investments.
(g) Collection of Data.--Section 111 of the Riegle
Community Development and Regulatory Improvement Act of 1994
(12 U.S.C. 4710) is amended--
(1) by striking ``The Fund'' and inserting the following:
``(a) In General.--The Fund''; and
(2) by adding at the end the following:
``(b) Collection of Certain Data by CDFIs.--Notwithstanding
the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.)--
``(1) a community development financial institution may
collect data described in section 701(a)(1) of that Act (15
U.S.C. 1691(a)(1)) from borrowers and applicants for credit
for the sole purpose and exclusive use to ensure that
targeted populations and low-income residents of investment
areas are adequately served and to report the level of
service provided to such populations and areas to the Fund;
and
``(2) a community development financial institution that
collects the data described in paragraph (1) shall not be
subject to adverse action related to that collection by the
Bureau of Consumer Financial Protection or any other Federal
agency.''.
SEC. 5913. SUPPORTING YOUNG ENTREPRENEURS PROGRAM.
Section 108 of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4707), as
amended by section 331(a)(1), is further amended by adding at
the end the following:
``(j) Supporting Young Entrepreneurs Program.--
``(1) In general.--The Fund shall establish a Supporting
Young Entrepreneurs Program under which the Fund may provide
financial awards to the community development financial
institutions that the Fund determines have the best programs
to help young entrepreneurs get the start up capital needed
to start a small business, with a focus on supporting young
women entrepreneurs, entrepreneurs who are Black, Hispanic,
Asian or Pacific Islander, and Native American or Native
Alaskan and other historically underrepresented groups or
first time business owners.
``(2) No matching requirement.--The matching requirement
under subsection (e) shall not apply to awards made under
this subsection.
``(3) Funding.--In carrying out this subsection, the Fund
may use--
``(A) amounts in the Emergency Capital Investment Fund, but
not to exceed $100,000,000 in the aggregate; and
``(B) such other funds as may be appropriated by Congress
to the Fund to carry out the Supporting Young Entrepreneurs
Program.''.
SEC. 5914. MAP OF MINORITY DEPOSITORY INSTITUTIONS AND
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS.
(a) In General.--The Secretary of the Treasury, in
consultation with the CDFI Fund and the Federal banking
agencies, shall establish an interactive, searchable map
showing the geographic locations of the headquarters and
branch locations of minority depository institutions, which
shall be provided by the Federal banking agencies, and
community development financial institutions that have been
certified by the Secretary, including breakdowns by each
State (including the District of Columbia and each territory
of the United States), Tribal government entity, and
congressional district. Such map shall also provide a link to
the website of each such minority depository institution and
community development financial institution.
(b) Definitions.--In this section:
(1) CDFI fund.--The term ``CDFI Fund'' means the Community
Development Financial Institutions Fund established under
section 104(a) of the Riegle Community Development and
Regulatory Improvement Act of 1994.
(2) Community development financial institution.--The term
``community development financial institution'' has the
meaning given in section 103 of the Riegle Community
Development and Regulatory Improvement Act of 1994.
(3) Federal banking agency.--The term ``Federal banking
agency''--
(A) has the meaning given in section 3 of the Federal
Deposit Insurance Act; and
(B) means the National Credit Union Administration.
(4) Minority depository institution.--The term ``minority
depository institution'' has the meaning given in section
308(b) of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989.
SEC. 5915. REPORT ON CERTIFIED COMMUNITY DEVELOPMENT
FINANCIAL INSTITUTIONS.
Section 117(a) of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4716(a)) is
amended--
(1) by striking ``The Fund'' and inserting the following:
``(1) In general.--The Fund'';
(2) by striking ``and the Congress'' and inserting ``, the
Congress, and the public''; and
(3) by adding at the end the following:
``(2) Report on certified community development financial
institutions.--The annual report required under paragraph (1)
shall include a report on community development financial
institutions (`CDFIs') that have been certified by the
Secretary of the Treasury, including a summary with aggregate
data and analysis, to the fullest extent practicable,
regarding--
``(A) a list of the types of organizations that are
certified as CDFIs, and the number of each type of
organization;
``(B) the geographic location and capacity of different
types of certified CDFIs, including overall impact breakdowns
by each State (including the District of Columbia and each
territory of the United States) and Tribal government entity;
``(C) the lines of business for different types of
certified CDFIs;
``(D) human resources and staffing information for
different types of certified CDFIs, including--
``(E) the types of development services provided by
different types of certified CDFIs;
``(F) the target markets of different types of certified
CDFIs and the amount of products and services offered by
CDFIs to those target markets, including--
``(i) the number and amount of loans and loan guarantees
made in those target markets;
``(ii) the number and amount of other investments made in
those target markets; and
[[Page H6375]]
``(iii) the number and amount of development services
offered in those target markets; and
``(G) such other information as the Director of the Fund
may determine necessary to promote transparency of the impact
of different types of CDFIs, while carrying out this report
in a manner that seeks to minimize data reporting
requirements from certified CDFIs when feasible, including
utilizing information gathered from other regulators under
section 104(l).''.
SEC. 5916. CONSULTATION AND MINIMIZATION OF DATA REQUESTS.
Section 104 of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4703) is
amended by adding at the end the following:
``(l) Consultation and Minimization of Data Requests.--
``(1) In general.--In carrying out its duties, the Fund
shall--
``(A) periodically, and no less frequent than once a year,
consult with the applicable Federal regulator of certified
CDFIs and applicants to be a certified CDFI (`applicants)';
``(B) seek to gather any information necessary related to
Fund certification and award decisions on certified CDFIs and
applicants from the applicable Federal regulator, and such
regulators shall use reasonable efforts to provide such
information to the Fund, to minimize duplicative data
collection requests made by the Fund of certified CDFIs and
applicants and to expedite certification, award, or other
relevant processes administered by the Fund.
``(2) Applicable federal regulator defined.--In this
subsection, the term `applicable Federal regulator' means--
``(A) with respect to a certified CDFI or an applicant that
is regulated by both an appropriate Federal banking agency
and the Bureau of Consumer Financial Protection, the Bureau
of Consumer Financial Protection;
``(B) with respect to a certified CDFI or an applicant that
is not regulated by the Bureau of Consumer Financial
Protection, the appropriate Federal banking agency for such
applicant; or
``(C) the Bureau of Consumer Financial Protection, with
respect to a certified CDFI or an applicant--
``(i) that is not regulated by an appropriate Federal
banking agency; and
``(ii) that offers or provides consumer financial products
or services (as defined in section 1002 of the Consumer
Financial Protection Act of 2010 (12 U.S.C. 5481).''.
SEC. 5917. ACCESS TO THE DISCOUNT WINDOW OF THE FEDERAL
RESERVE SYSTEM FOR MDIS AND CDFIS.
Within 1 year after the date of enactment of this Act, the
Board of Governors of the Federal Reserve System shall
establish a process under which minority depository
institutions and community development financial institutions
may have access to the discount window, at the seasonal
credit interest rate most recently published on the Federal
Reserve Statistical Release on selected interest rates (daily
or weekly).
SEC. 5918. STUDY ON SECURITIZATION BY CDFIS.
(a) In General.--The Secretary of the Treasury, in
consultation with the Community Development Financial
Institutions Fund and such other Federal agencies as the
Secretary determines appropriate, shall carry out a study
on--
(1) the use of securitization by CDFIs;
(2) any barriers to the use of securitization as a source
of liquidity by CDFIs; and
(3) any authorities available to the Government to support
the use of securitization by CDFIs to the extent it helps
serve underserved communities.
(b) Report.--Not later than the end of the 1-year period
beginning on the date of enactment of this Act, the Secretary
shall issue a report to the Committee on Financial Services
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate containing--
(1) all findings and determinations made in carrying out
the study required under subsection (a); and
(2) any legislative or administrative recommendations of
the Secretary that would promote the responsible use of
securitization to help CDFIs in reaching more underserved
communities.
(c) CDFI Defined.--The term ``CDFI'' has the meaning given
the term ``community development financial institution''
under section 103 of the Riegle Community Development and
Regulatory Improvement Act of 1994.
Subtitle B--Promoting New and Diverse Depository Institutions
SEC. 5921. STUDY AND STRATEGIC PLAN.
(a) In General.--The Federal banking regulators shall
jointly--
(1) conduct a study about the challenges faced by proposed
depository institutions, including proposed minority
depository institutions, seeking de novo depository
institution charters; and
(2) submit to the Committee on Financial Services of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate and publish
publically, not later than 18 months after the date of the
enactment of this section--
(A) an analysis based on the study conducted pursuant to
paragraph (1);
(B) any findings from the study conducted pursuant to
paragraph (1); and
(C) any legislative recommendations that the Federal
banking regulators developed based on the study conducted
pursuant to paragraph (1).
(b) Strategic Plan.--
(1) In general.--Not later than 18 months after the date of
the enactment of this section, the Federal banking regulators
shall jointly submit to the Committee on Financial Services
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate and publish
publically a strategic plan based on the study conducted
pursuant to subsection (a) and designed to help proposed
depository institutions (including proposed minority
depository institutions) successfully apply for de novo
depository institution charters in a manner that promotes
increased availability of banking and financial services,
safety and soundness, consumer protection, community
reinvestment, financial stability, and a level playing field.
(2) Contents of strategic plan.--The strategic plan
described in paragraph (1) shall--
(A) promote the chartering of de novo depository
institutions, including--
(i) proposed minority depository institutions; and
(ii) proposed depository institutions that could be
certified as community development financial institutions;
and
(B) describe actions the Federal banking regulators may
take that would increase the number of depository
institutions located in geographic areas where consumers lack
access to a branch of a depository institution.
(c) Public Involvement.--When conducting the study and
developing the strategic plan required by this section, the
Federal banking regulators shall invite comments and other
feedback from the public to inform the study and strategic
plan.
(d) Definitions.--In this section:
(1) Depository institution.--The term ``depository
institution'' has the meaning given in section 3 of the
Federal Deposit Insurance Act, and includes a ``Federal
credit union'' and a ``State credit union'' as such terms are
defined, respectively, under section 101 of the Federal
Credit Union Act.
(2) Community development financial institution.--The term
``community development financial institution'' has the
meaning given in section 103 of the Riegle Community
Development and Regulatory Improvement Act of 1994.
(3) Federal banking regulators.--The term ``Federal banking
regulators'' means the Board of Governors of the Federal
Reserve System, the Comptroller of the Currency, the Federal
Deposit Insurance Corporation, the National Credit Union
Administration, and the Director of the Bureau of Consumer
Financial Protection.
(4) Minority depository institution.--The term ``minority
depository institution'' has the meaning given in section
308(b) of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989.
Subtitle C--Ensuring Diversity in Community Banking
SEC. 5931. SHORT TITLE.
This subtitle may be cited as the ``Ensuring Diversity in
Community Banking Act''.
SEC. 5932. SENSE OF CONGRESS ON FUNDING THE LOAN-LOSS RESERVE
FUND FOR SMALL DOLLAR LOANS.
The sense of Congress is the following:
(1) The Community Development Financial Institutions Fund
(the ``CDFI Fund'') is an agency of the Department of the
Treasury, and was established by the Riegle Community
Development and Regulatory Improvement Act of 1994. The
mission of the CDFI Fund is ``to expand economic opportunity
for underserved people and communities by supporting the
growth and capacity of a national network of community
development lenders, investors, and financial service
providers''. A community development financial institution (a
``CDFI'') is a specialized financial institution serving low-
income communities and a Community Development Entity (a
``CDE'') is a domestic corporation or partnership that is an
intermediary vehicle for the provision of loans, investments,
or financial counseling in low-income communities. The CDFI
Fund certifies CDFIs and CDEs. Becoming a certified CDFI or
CDE allows organizations to participate in various CDFI Fund
programs as follows:
(A) The Bank Enterprise Award Program, which provides FDIC-
insured depository institutions awards for a demonstrated
increase in lending and investments in distressed communities
and CDFIs.
(B) The CDFI Program, which provides Financial and
Technical Assistance awards to CDFIs to reinvest in the CDFI,
and to build the capacity of the CDFI, including financing
product development and loan loss reserves.
(C) The Native American CDFI Assistance Program, which
provides CDFIs and sponsoring entities Financial and
Technical Assistance awards to increase lending and grow the
number of CDFIs owned by Native Americans to help build
capacity of such CDFIs.
(D) The New Market Tax Credit Program, which provides tax
credits for making equity investments in CDEs that stimulate
capital investments in low-income communities.
(E) The Capital Magnet Fund, which provides awards to CDFIs
and nonprofit affordable housing organizations to finance
affordable housing solutions and related economic development
activities.
(F) The Bond Guarantee Program, a source of long-term,
patient capital for CDFIs to expand lending and investment
capacity for community and economic development purposes.
(2) The Department of the Treasury is authorized to create
multi-year grant programs
[[Page H6376]]
designed to encourage low-to-moderate income individuals to
establish accounts at federally insured banks, and to improve
low-to-moderate income individuals' access to such accounts
on reasonable terms.
(3) Under this authority, grants to participants in CDFI
Fund programs may be used for loan-loss reserves and to
establish small-dollar loan programs by subsidizing related
losses. These grants also allow for the providing recipients
with the financial counseling and education necessary to
conduct transactions and manage their accounts. These loans
provide low-cost alternatives to payday loans and other
nontraditional forms of financing that often impose excessive
interest rates and fees on borrowers, and lead millions of
Americans to fall into debt traps. Small-dollar loans can
only be made pursuant to terms, conditions, and practices
that are reasonable for the individual consumer obtaining the
loan.
(4) Program participation is restricted to eligible
institutions, which are limited to organizations listed in
section 501(c)(3) of the Internal Revenue Code and exempt
from tax under 501(a) of such Code, federally insured
depository institutions, community development financial
institutions and State, local, or Tribal government entities.
(5) According to the CDFI Fund, some programs attract as
much as $10 in private capital for every $1 invested by the
CDFI Fund. The Administration and the Congress should
prioritize appropriation of funds for the loan loss reserve
fund and technical assistance programs administered by the
Community Development Financial Institution Fund.
SEC. 5933. DEFINITIONS.
In this subtitle:
(1) Community development financial institution.--The term
``community development financial institution'' has the
meaning given under section 103 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12 U.S.C.
4702).
(2) Minority depository institution.--The term ``minority
depository institution'' has the meaning given under section
308 of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C. 1463 note), as amended by
this Act.
SEC. 5934. INCLUSION OF WOMEN'S BANKS IN THE DEFINITION OF
MINORITY DEPOSITORY INSTITUTION.
Section 308(b)(1) of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note)
is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively;
(2) by striking ``means any'' and inserting the following:
``means--
``(A) any''; and
(3) in clause (iii) (as so redesignated), by striking the
period at the end and inserting ``; or''; and
(4) by inserting at the end the following new subparagraph:
``(B) any bank described in clause (i), (ii), or (iii) of
section 19(b)(1)(A) of the Federal Reserve Act--
``(i) more than 50 percent of the outstanding shares of
which are held by 1 or more women; and
``(ii) the majority of the directors on the board of
directors of which are women.''.
SEC. 5935. ESTABLISHMENT OF IMPACT BANK DESIGNATION.
(a) In General.--Each Federal banking agency shall
establish a program under which a depository institution with
total consolidated assets of less than $10,000,000,000 may
elect to be designated as an impact bank if the total dollar
value of the loans extended by such depository institution to
low-income borrowers is greater than or equal to 50 percent
of the assets of such bank.
(b) Notification of Eligibility.--Based on data obtained
through examinations of depository institutions, the
appropriate Federal banking agency shall notify a depository
institution if the institution is eligible to be designated
as an impact bank.
(c) Application.--Regardless of whether or not it has
received a notice of eligibility under subsection (b), a
depository institution may submit an application to the
appropriate Federal banking agency--
(1) requesting to be designated as an impact bank; and
(2) demonstrating that the depository institution meets the
applicable qualifications.
(d) Limitation on Additional Data Requirements.--The
Federal banking agencies may only impose additional data
collection requirements on a depository institution under
this section if such data is--
(1) necessary to process an application submitted by the
depository institution to be designated an impact bank; or
(2) with respect to a depository institution that is
designated as an impact bank, necessary to ensure the
depository institution's ongoing qualifications to maintain
such designation.
(e) Removal of Designation.--If the appropriate Federal
banking agency determines that a depository institution
designated as an impact bank no longer meets the criteria for
such designation, the appropriate Federal banking agency
shall rescind the designation and notify the depository
institution of such rescission.
(f) Reconsideration of Designation; Appeals.--Under such
procedures as the Federal banking agencies may establish, a
depository institution may--
(1) submit to the appropriate Federal banking agency a
request to reconsider a determination that such depository
institution no longer meets the criteria for the designation;
or
(2) file an appeal of such determination.
(g) Rulemaking.--Not later than 1 year after the date of
the enactment of this Act, the Federal banking agencies shall
jointly issue rules to carry out the requirements of this
section, including by providing a definition of a low-income
borrower.
(h) Reports.--Each Federal banking agency shall submit an
annual report to the Congress containing a description of
actions taken to carry out this section.
(i) Federal Deposit Insurance Act Definitions.--In this
section, the terms ``depository institution'', ``appropriate
Federal banking agency'', and ``Federal banking agency'' have
the meanings given such terms, respectively, in section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813).
SEC. 5936. MINORITY DEPOSITORIES ADVISORY COMMITTEES.
(a) Establishment.--Each covered regulator shall establish
an advisory committee to be called the ``Minority
Depositories Advisory Committee''.
(b) Duties.--Each Minority Depositories Advisory Committee
shall provide advice to the respective covered regulator on
meeting the goals established by section 308 of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989
(12 U.S.C. 1463 note) to preserve the present number of
covered minority institutions, preserve the minority
character of minority-owned institutions in cases involving
mergers or acquisitions, provide technical assistance, and
encourage the creation of new covered minority institutions.
The scope of the work of each such Minority Depositories
Advisory Committee shall include an assessment of the current
condition of covered minority institutions, what regulatory
changes or other steps the respective agencies may be able to
take to fulfill the requirements of such section 308, and
other issues of concern to covered minority institutions.
(c) Membership.--
(1) In general.--Each Minority Depositories Advisory
Committee shall consist of no more than 10 members, who--
(A) shall serve for one two-year term;
(B) shall serve as a representative of a depository
institution or an insured credit union with respect to which
the respective covered regulator is the covered regulator of
such depository institution or insured credit union; and
(C) shall not receive pay by reason of their service on the
advisory committee, but may receive travel or transportation
expenses in accordance with section 5703 of title 5, United
States Code.
(2) Diversity.--To the extent practicable, each covered
regulator shall ensure that the members of the Minority
Depositories Advisory Committee of such agency reflect the
diversity of covered minority institutions.
(d) Meetings.--
(1) In general.--Each Minority Depositories Advisory
Committee shall meet not less frequently than twice each
year.
(2) Notice and invitations.--Each Minority Depositories
Advisory Committee shall--
(A) notify the Committee on Financial Services of the House
of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate in advance of each meeting of the
Minority Depositories Advisory Committee; and
(B) invite the attendance at each meeting of the Minority
Depositories Advisory Committee of--
(i) one member of the majority party and one member of the
minority party of the Committee on Financial Services of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate; and
(ii) one member of the majority party and one member of the
minority party of any relevant subcommittees of such
committees.
(e) No Termination of Advisory Committees.--The termination
requirements under section 14 of the Federal Advisory
Committee Act (5 U.S.C. app.) shall not apply to a Minority
Depositories Advisory Committee established pursuant to this
section.
(f) Definitions.--In this section:
(1) Covered regulator.--The term ``covered regulator''
means the Comptroller of the Currency, the Board of Governors
of the Federal Reserve System, the Federal Deposit Insurance
Corporation, and the National Credit Union Administration.
(2) Covered minority institution.--The term ``covered
minority institution'' means a minority depository
institution (as defined in section 308(b) of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989
(12 U.S.C. 1463 note)).
(3) Depository institution.--The term ``depository
institution'' has the meaning given under section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813).
(4) Insured credit union.--The term ``insured credit
union'' has the meaning given in section 101 of the Federal
Credit Union Act (12 U.S.C. 1752).
(g) Technical Amendment.--Section 308(b) of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989
(12 U.S.C. 1463 note) is amended by adding at the end the
following new paragraph:
``(3) Depository institution.--The term `depository
institution' means an `insured depository institution' (as
defined in section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813)) and an insured credit union (as defined in
section 101 of the Federal Credit Union Act (12 U.S.C.
1752)).''.
[[Page H6377]]
SEC. 5937. FEDERAL DEPOSITS IN MINORITY DEPOSITORY
INSTITUTIONS.
(a) In General.--Section 308 of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463
note) is amended--
(1) by adding at the end the following new subsection:
``(d) Federal Deposits.--The Secretary of the Treasury
shall ensure that deposits made by Federal agencies in
minority depository institutions and impact banks are
collateralized or insured, as determined by the Secretary.
Such deposits shall include reciprocal deposits as defined in
section 337.6(e)(2)(v) of title 12, Code of Federal
Regulations (as in effect on March 6, 2019).''; and
(2) in subsection (b), as amended by section 6(g), by
adding at the end the following new paragraph:
``(4) Impact bank.--The term `impact bank' means a
depository institution designated by the appropriate Federal
banking agency pursuant to section 5935 of the Ensuring
Diversity in Community Banking Act.''.
(b) Technical Amendments.--Section 308 of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989
(12 U.S.C. 1463 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``section--'' and inserting ``section:''; and
(2) in the paragraph heading for paragraph (1), by striking
``financial'' and inserting ``depository''.
SEC. 5938. MINORITY BANK DEPOSIT PROGRAM.
(a) In General.--Section 1204 of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811
note) is amended to read as follows:
``SEC. 1204. EXPANSION OF USE OF MINORITY DEPOSITORY
INSTITUTIONS.
``(a) Minority Bank Deposit Program.--
``(1) Establishment.--There is established a program to be
known as the `Minority Bank Deposit Program' to expand the
use of minority depository institutions.
``(2) Administration.--The Secretary of the Treasury,
acting through the Fiscal Service, shall--
``(A) on application by a depository institution or credit
union, certify whether such depository institution or credit
union is a minority depository institution;
``(B) maintain and publish a list of all depository
institutions and credit unions that have been certified
pursuant to subparagraph (A); and
``(C) periodically distribute the list described in
subparagraph (B) to--
``(i) all Federal departments and agencies;
``(ii) interested State and local governments; and
``(iii) interested private sector companies.
``(3) Inclusion of certain entities on list.--A depository
institution or credit union that, on the date of the
enactment of this section, has a current certification from
the Secretary of the Treasury stating that such depository
institution or credit union is a minority depository
institution shall be included on the list described under
paragraph (2)(B).
``(b) Expanded Use Among Federal Departments and
Agencies.--
``(1) In general.--Not later than 1 year after the
establishment of the program described in subsection (a), the
head of each Federal department or agency shall develop and
implement standards and procedures to prioritize, to the
maximum extent possible as permitted by law and consistent
with principles of sound financial management, the use of
minority depository institutions to hold the deposits of each
such department or agency.
``(2) Report to congress.--Not later than 2 years after the
establishment of the program described in subsection (a), and
annually thereafter, the head of each Federal department or
agency shall submit to Congress a report on the actions taken
to increase the use of minority depository institutions to
hold the deposits of each such department or agency.
``(c) Definitions.--For purposes of this section:
``(1) Credit union.--The term `credit union' has the
meaning given the term `insured credit union' in section 101
of the Federal Credit Union Act (12 U.S.C. 1752).
``(2) Depository institution.--The term `depository
institution' has the meaning given in section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813).
``(3) Minority depository institution.--The term `minority
depository institution' has the meaning given that term under
section 308 of this Act.''.
(b) Conforming Amendments.--The following provisions are
amended by striking ``1204(c)(3)'' and inserting ``1204(c)'':
(1) Section 808(b)(3) of the Community Reinvestment Act of
1977 (12 U.S.C. 2907(b)(3)).
(2) Section 40(g)(1)(B) of the Federal Deposit Insurance
Act (12 U.S.C. 1831q(g)(1)(B)).
(3) Section 704B(h)(4) of the Equal Credit Opportunity Act
(15 U.S.C. 1691c-2(h)(4)).
SEC. 5939. DIVERSITY REPORT AND BEST PRACTICES.
(a) Annual Report.--Each covered regulator shall submit to
Congress an annual report on diversity including the
following:
(1) Data, based on voluntary self-identification, on the
racial, ethnic, and gender composition of the examiners of
each covered regulator, disaggregated by length of time
served as an examiner.
(2) The status of any examiners of covered regulators,
based on voluntary self-identification, as a veteran.
(3) Whether any covered regulator, as of the date on which
the report required under this section is submitted, has
adopted a policy, plan, or strategy to promote racial,
ethnic, and gender diversity among examiners of the covered
regulator.
(4) Whether any special training is developed and provided
for examiners related specifically to working with depository
institutions and credit unions that serve communities that
are predominantly minorities, low income, or rural, and the
key focus of such training.
(b) Best Practices.--Each Office of Minority and Women
Inclusion of a covered regulator shall develop, provide to
the head of the covered regulator, and make publicly
available best practices--
(1) for increasing the diversity of candidates applying for
examiner positions, including through outreach efforts to
recruit diverse candidate to apply for entry-level examiner
positions; and
(2) for retaining and providing fair consideration for
promotions within the examiner staff for purposes of
achieving diversity among examiners.
(c) Covered Regulator Defined.--In this section, the term
``covered regulator'' means the Comptroller of the Currency,
the Board of Governors of the Federal Reserve System, the
Federal Deposit Insurance Corporation, and the National
Credit Union Administration.
SEC. 5940. INVESTMENTS IN MINORITY DEPOSITORY INSTITUTIONS
AND IMPACT BANKS.
(a) Control for Certain Institutions.--Section 7(j)(8)(B)
of the Federal Deposit Insurance Act (12 U.S.C.
1817(j)(8)(B)) is amended to read as follows:
``(B) `control' means the power, directly or indirectly--
``(i) to direct the management or policies of an insured
depository institution; or
``(ii)(I) with respect to an insured depository
institution, of a person to vote 25 per centum or more of any
class of voting securities of such institution; or
``(II) with respect to an insured depository institution
that is an impact bank (as designated pursuant to section
5935 of the Ensuring Diversity in Community Banking Act) or a
minority depository institution (as defined in section 308(b)
of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989), of an individual to vote 30 percent
or more of any class of voting securities of such an impact
bank or a minority depository institution.''.
(b) Rulemaking.--The Federal banking agencies (as defined
in section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813)) shall jointly issue rules for de novo minority
depository institutions and de novo impact banks (as
designated pursuant to section 5935) to allow 3 years to meet
the capital requirements otherwise applicable to minority
depository institutions and impact banks.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Federal banking agencies shall
jointly submit to Congress a report on--
(1) the principal causes for the low number of de novo
minority depository institutions during the 10-year period
preceding the date of the report;
(2) the main challenges to the creation of de novo minority
depository institutions and de novo impact banks; and
(3) regulatory and legislative considerations to promote
the establishment of de novo minority depository institutions
and de novo impact banks.
SEC. 5941. REPORT ON COVERED MENTOR-PROTEGE PROGRAMS.
(a) Report.--Not later than 6 months after the date of the
enactment of this Act and annually thereafter, the Secretary
of the Treasury shall submit to Congress a report on
participants in a covered mentor-protege program, including--
(1) an analysis of outcomes of such program;
(2) the number of minority depository institutions that are
eligible to participate in such program but do not have large
financial institution mentors; and
(3) recommendations for how to match such minority
depository institutions with large financial institution
mentors.
(b) Definitions.--In this section:
(1) Covered mentor-protege program.--The term ``covered
mentor-protege program'' means a mentor-protege program
established by the Secretary of the Treasury pursuant to
section 45 of the Small Business Act (15 U.S.C. 657r).
(2) Large financial institution.--The term ``large
financial institution'' means any entity--
(A) regulated by the Comptroller of the Currency, the Board
of Governors of the Federal Reserve System, the Federal
Deposit Insurance Corporation, or the National Credit Union
Administration; and
(B) that has total consolidated assets greater than or
equal to $50,000,000,000.
SEC. 5942. CUSTODIAL DEPOSIT PROGRAM FOR COVERED MINORITY
DEPOSITORY INSTITUTIONS AND IMPACT BANKS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Treasury
shall issue rules establishing a custodial deposit program
under which a covered bank may receive deposits from a
qualifying account.
(b) Requirements.--In issuing rules under subsection (a),
the Secretary of the Treasury shall--
(1) consult with the Federal banking agencies;
[[Page H6378]]
(2) ensure each covered bank participating in the program
established under this section--
(A) has appropriate policies relating to management of
assets, including measures to ensure the safety and soundness
of each such covered bank; and
(B) is compliant with applicable law; and
(3) ensure, to the extent practicable that the rules do not
conflict with goals described in section 308(a) of the
Financial Institutions Reform, Recovery, and Enforcement Act
of 1989 (12 U.S.C. 1463 note).
(c) Limitations.--
(1) Deposits.--With respect to the funds of an individual
qualifying account, an entity may not deposit an amount
greater than the insured amount in a single covered bank.
(2) Total deposits.--The total amount of funds deposited in
a covered bank under the custodial deposit program described
under this section may not exceed the lesser of--
(A) 10 percent of the average amount of deposits held by
such covered bank in the previous quarter; or
(B) $100,000,000 (as adjusted for inflation).
(d) Report.--Each quarter, the Secretary of the Treasury
shall submit to Congress a report on the implementation of
the program established under this section including
information identifying participating covered banks and the
total amount of deposits received by covered banks under the
program, including breakdowns by each State (including the
District of Columbia and each territory of the United States)
and Tribal government entity.
(e) Definitions.--In this section:
(1) Covered bank.--The term ``covered bank'' means--
(A) a minority depository institution that is well
capitalized, as defined by the appropriate Federal banking
agency; or
(B) a depository institution designated pursuant to section
4935 that is well capitalized, as defined by the appropriate
Federal banking agency.
(2) Insured amount.--The term ``insured amount'' means the
amount that is the greater of--
(A) the standard maximum deposit insurance amount (as
defined in section 11(a)(1)(E) of the Federal Deposit
Insurance Act (12 U.S.C. 1821(a)(1)(E))); or
(B) such higher amount negotiated between the Secretary of
the Treasury and the Federal Deposit Insurance Corporation
under which the Corporation will insure all deposits of such
higher amount.
(3) Federal banking agencies.--The terms ``appropriate
Federal banking agency'' and ``Federal banking agencies''
have the meaning given those terms, respectively, under
section 3 of the Federal Deposit Insurance Act.
(4) Qualifying account.--The term ``qualifying account''
means any account established in the Department of the
Treasury that--
(A) is controlled by the Secretary; and
(B) is expected to maintain a balance greater than
$200,000,000 for the following 24-month period.
SEC. 5943. STREAMLINED COMMUNITY DEVELOPMENT FINANCIAL
INSTITUTION APPLICATIONS AND REPORTING.
(a) Application Processes.--Not later than 12 months after
the date of the enactment of this Act and with respect to any
person having assets under $3,000,000,000 that submits an
application for deposit insurance with the Federal Deposit
Insurance Corporation that could also become a community
development financial institution, the Federal Deposit
Insurance Corporation, in consultation with the Administrator
of the Community Development Financial Institutions Fund,
shall--
(1) develop systems and procedures to record necessary
information to allow the Administrator to conduct preliminary
analysis for such person to also become a community
development financial institution; and
(2) develop procedures to streamline the application and
annual certification processes and to reduce costs for such
person to become, and maintain certification as, a community
development financial institution.
(b) Implementation Report.--Not later than 18 months after
the date of the enactment of this Act, the Federal Deposit
Insurance Corporation shall submit to Congress a report
describing the systems and procedures required under
subsection (a).
(c) Annual Report.--
(1) In general.--Section 17(a)(1) of the Federal Deposit
Insurance Act (12 U.S.C. 1827(a)(1)) is amended--
(A) in subparagraph (E), by striking ``and'' at the end;
(B) by redesignating subparagraph (F) as subparagraph (G);
(C) by inserting after subparagraph (E) the following new
subparagraph:
``(F) applicants for deposit insurance that could also
become a community development financial institution (as
defined in section 103 of the Riegle Community Development
and Regulatory Improvement Act of 1994), a minority
depository institution (as defined in section 308 of the
Financial Institutions Reform, Recovery, and Enforcement Act
of 1989), or an impact bank (as designated pursuant to
section 5935 of the Ensuring Diversity in Community Banking
Act); and''.
(2) Application.--The amendment made by this subsection
shall apply with respect to the first report to be submitted
after the date that is 2 years after the date of the
enactment of this Act.
SEC. 5944. TASK FORCE ON LENDING TO SMALL BUSINESS CONCERNS.
(a) In General.--Not later than 6 months after the date of
the enactment of this Act, the Administrator of the Small
Business Administration shall establish a task force to
examine methods for improving relationships between the Small
Business Administration and community development financial
institutions, minority depository institutions, and impact
banks (as designated pursuant to section 5935) to increase
the volume of loans provided by such institutions to small
business concerns (as defined under section 3 of the Small
Business Act (15 U.S.C. 632)).
(b) Report to Congress.--Not later than 18 months after the
establishment of the task force described in subsection (a),
the Administrator of the Small Business Administration shall
submit to Congress a report on the findings of such task
force.
SEC. 5945. DISCRETIONARY SURPLUS FUND.
(a) In General.--Subparagraph (A) of section 7(a)(3) of the
Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by
reducing the dollar figure described in such subparagraph by
$1,920,000,000.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on September 30, 2022.
Subtitle D--Expanding Opportunity for Minority Depository Institutions
SEC. 5951. ESTABLISHMENT OF FINANCIAL AGENT MENTOR-PROTEGE
PROGRAM.
(a) In General.--Section 308 of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463
note) is amended by adding at the end the following new
subsection:
``(d) Financial Agent Mentor-Protege Program.--
``(1) In general.--The Secretary of the Treasury shall
establish a program to be known as the `Financial Agent
Mentor-Protege Program' (in this subsection referred to as
the `Program') under which a financial agent designated by
the Secretary or a large financial institution may serve as a
mentor, under guidance or regulations prescribed by the
Secretary, to a small financial institution to allow such
small financial institution--
``(A) to be prepared to perform as a financial agent; or
``(B) to improve capacity to provide services to the
customers of the small financial institution.
``(2) Outreach.--The Secretary shall hold outreach events
to promote the participation of financial agents, large
financial institutions, and small financial institutions in
the Program at least once a year.
``(3) Exclusion.--The Secretary shall issue guidance or
regulations to establish a process under which a financial
agent, large financial institution, or small financial
institution may be excluded from participation in the
Program.
``(4) Report.--The Office of Minority and Women Inclusion
of the Department of the Treasury shall include in the report
submitted to Congress under section 342(e) of the Dodd-Frank
Wall Street Reform and Consumer Protection Act information
pertaining to the Program, including--
``(A) the number of financial agents, large financial
institutions, and small financial institutions participating
in such Program, including breakdowns by each State
(including the District of Columbia and each territory of the
United States), Tribal government entity, and congressional
district; and
``(B) the number of outreach events described in paragraph
(2) held during the year covered by such report.
``(5) Definitions.--In this subsection:
``(A) Financial agent.--The term `financial agent' means
any national banking association designated by the Secretary
of the Treasury to be employed as a financial agent of the
Government.
``(B) Large financial institution.--The term `large
financial institution' means any entity regulated by the
Comptroller of the Currency, the Board of Governors of the
Federal Reserve System, the Federal Deposit Insurance
Corporation, or the National Credit Union Administration that
has total consolidated assets greater than or equal to
$50,000,000,000.
``(C) Small financial institution.--The term `small
financial institution' means--
``(i) any entity regulated by the Comptroller of the
Currency, the Board of Governors of the Federal Reserve
System, the Federal Deposit Insurance Corporation, or the
National Credit Union Administration that has total
consolidated assets lesser than or equal to $2,000,000,000;
or
``(ii) a minority depository institution.''.
(b) Effective Date.--This section and the amendments made
by this section shall take effect 90 days after the date of
the enactment of this Act.
Subtitle E--CDFI Bond Guarantee Program Improvement
SEC. 5961. SENSE OF CONGRESS.
It is the sense of Congress that the authority to guarantee
bonds under section 114A of the Community Development Banking
and Financial Institutions Act of 1994 (12 U.S.C. 4713a)
(commonly referred to as the ``CDFI Bond Guarantee Program'')
provides community development financial institutions with a
sustainable source of long-term capital and furthers the
mission of the Community Development Financial Institutions
Fund (established under section 104(a) of such Act (12
[[Page H6379]]
U.S.C. 4703(a)) to increase economic opportunity and promote
community development investments for underserved populations
and distressed communities in the United States.
SEC. 5962. GUARANTEES FOR BONDS AND NOTES ISSUED FOR
COMMUNITY OR ECONOMIC DEVELOPMENT PURPOSES.
Section 114A of the Community Development Banking and
Financial Institutions Act of 1994 (12 U.S.C. 4713a) is
amended--
(1) in subsection (c)(2), by striking ``, multiplied by an
amount equal to the outstanding principal balance of issued
notes or bonds'';
(2) in subsection (e)(2)(B), by striking ``$100,000,000''
and inserting ``$25,000,000''; and
(3) in subsection (k), by striking ``September 30, 2014''
and inserting ``the date that is 4 years after the date of
enactment of the Promoting and Advancing Communities of Color
Through Inclusive Lending Act''.
SEC. 5963. REPORT ON THE CDFI BOND GUARANTEE PROGRAM.
Not later than 1 year after the date of enactment of this
Act, and not later than 3 years after such date of enactment,
the Secretary of the Treasury shall issue a report to the
Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate on the effectiveness of the CDFI
bond guarantee program established under section 114A of the
Community Development Banking and Financial Institutions Act
of 1994 (12 U.S.C. 4713a).
amendment no. 418 offered by ms. waters of california
Page 1262, after line 23, insert the following:
SEC. ___. UNITED STATES POLICY ON WORLD BANK GROUP AND ASIAN
DEVELOPMENT BANK ASSISTANCE TO THE PEOPLE'S
REPUBLIC OF CHINA.
(a) In General.--Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p et seq.) is amended by
adding at the end the following:
``SEC. 1632. UNITED STATES POLICY ON WORLD BANK GROUP AND
ASIAN DEVELOPMENT BANK ASSISTANCE TO THE
PEOPLE'S REPUBLIC OF CHINA.
``(a) In General.--The Secretary of the Treasury shall
instruct the United States Executive Director at each
international financial institution of the World Bank Group
and at the Asian Development Bank to use the voice and vote
of the United States at the respective institution to vote
against the provision of any loan, extension of financial
assistance, or technical assistance to the People's Republic
of China unless the Secretary of the Treasury has certified
to the appropriate congressional committees that--
``(1) the Government of the People's Republic of China and
any lender owned or controlled by the Government of the
People's Republic of China have demonstrated a commitment--
``(A) to the rules and principles of the Paris Club, or of
other similar coordinated multilateral initiatives on debt
relief and debt restructuring in which the United States
participates, including with respect to debt transparency and
appropriate burden-sharing among all creditors;
``(B) to the practice of presumptive public disclosure of
the terms and conditions on which they extend credit to other
governments (without regard to the form of any such extension
of credit);
``(C) not to enforce any agreement terms that may impair
their own or the borrowers' capacity fully to implement any
commitment described in subparagraph (A) or (B); and
``(D) not to enter into any agreement containing terms that
may impair their own or the borrowers' capacity fully to
implement any commitment described in subparagraph (A) or
(B); or
``(2) the loan or assistance is important to the national
interest of the United States, as described in a detailed
explanation by the Secretary to accompany the certification.
``(b) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Financial Services of the House of Representatives and the
Committee on Foreign Relations of the Senate.
``(2) World bank group defined.--The term `World Bank
Group' means the International Bank for Reconstruction and
Development, the International Development Association, the
International Finance Corporation, and the Multilateral
Investment Guarantee Agency.''.
(b) Sunset.--The amendment made by subsection (a) is
repealed effective on the date that is 7 years after the
effective date of this section.
amendment no. 419 offered by mr. torres of new york
At the end of title LIII of division E, add the following:
SEC. 5306. SECRETARY OF AGRICULTURE REPORT ON IMPROVING
SUPPLY CHAIN SHORTFALLS AND INFRASTRUCTURE
NEEDS AT WHOLESALE PRODUCE MARKETS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Agriculture shall
submit to the appropriate congressional committees a report
on--
(1) the 5 largest wholesale produce markets by annual sales
and volume over the preceding 4 calendar years; and
(2) a representative sample of 8 wholesale produce markets
that are not among the largest wholesale produce markets.
(b) Contents.--The report under subsection (a) shall
contain the following:
(1) An analysis of the supply chain shortfalls in each
wholesale produce market identified under subsection (a),
which shall include an analysis of the following:
(A) State of repair of infrastructure, including roads,
food storage units, and refueling stations.
(B) Sustainability infrastructure, including the following:
(i) Carbon emission reduction technology.
(ii) On-site green refueling stations.
(iii) Disaster preparedness.
(C) Disaster preparedness, including with respect to cyber
attacks, weather events, and terrorist attacks.
(D) Disaster recovery systems, including coordination with
State and Federal agencies.
(2) A description of any actions the Secretary recommends
be taken as a result of the analysis under paragraph (1).
(3) Recommendations, as appropriate, for wholesale produce
market owners and operators, and State and local entities to
improve the supply chain shortfalls identified under
paragraph (1).
(4) Proposals, as appropriate, for legislative actions and
funding needed to improve the supply chain shortfalls.
(c) Consultation.--In completing the report under
subsection (a), the Secretary of Agriculture shall consult
with the Secretary of Transportation, the Secretary of
Homeland Security, wholesale produce market owners and
operators, State and local entities, and other agencies or
stakeholders, as determined appropriate by the Secretary.
(d) Appropriate Congressional Committees.--For the purposes
of this section, the term ``appropriate congressional
committees'' means the Committee on Agriculture, the
Committee on Homeland Security, and the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Technology, the Committee on Homeland Security and
Governmental Affairs, and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
amendment no. 420 offered by mr. thompson of mississippi
Add at the end of division E the following:
TITLE LIX--HOMELAND SECURITY PROVISIONS
Subtitle A--Strengthening Security of Our Communities
SEC. 59101. NONPROFIT SECURITY GRANT PROGRAM IMPROVEMENT.
(a) In General.--Section 2009 of the Homeland Security Act
of 2002 (6 U.S.C. 609a) is amended--
(1) in subsection (a), by inserting ``and threats'' before
the period at the end;
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``this subsection (a)'' and inserting ``this subsection'';
and
(B) by amending paragraph (2) to read as follows:
``(2) determined by the Secretary to be at risk of
terrorist attacks and threats.'';
(3) in subsection (c)--
(A) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (E), respectively, and moving
such subparagraphs, as so redesignated, two ems to the right;
(B) in the matter preceding subparagraph (A), as so
redesignated, by striking ``The recipient'' and inserting the
following:
``(1) In general.--The recipient'';
(C) in subparagraph (A), as so redesignated, by striking
``equipment and inspection and screening systems'' and
inserting ``equipment, inspection and screening systems, and
alteration or remodeling of existing buildings or physical
facilities'';
(D) by inserting after subparagraph (B), as so
redesignated, the following new subparagraphs:
``(C) Facility security personnel costs, including costs
associated with contracted security.
``(D) Expenses directly related to the administration of
the grant, except that such expenses may not exceed five
percent of the amount of the grant.''; and
(E) by adding at the end the following new paragraph:
``(2) Retention.--Each State through which a recipient
receives a grant under this section may retain up to five
percent of each grant for expenses directly related to the
administration of the grant.'';
(4) in subsection (e)--
(A) by striking ``2020 through 2024'' and inserting ``2022
through 2028''; and
(B) by adding at the end the following new sentence: ``Each
such report shall also include information on the number of
applications submitted by eligible nonprofit organizations to
each State, the number of applications submitted by each
State to the Administrator, and the operations of the
Nonprofit Security Grant Program Office, including staffing
resources and efforts with respect to subparagraphs (A)
through (E) of subsection (c)(1).'';
(5) by redesignating subsection (f) as subsection (j);
(6) by inserting after subsection (e) the following new
subsections:
``(f) Administration.--Not later than 120 days after the
date of the enactment of this subsection, the Administrator
shall establish within the Federal Emergency Management
Agency a program office for the Program (in
[[Page H6380]]
this section referred to as the `program office'). The
program office shall be headed by a senior official of the
Agency. The Administrator shall administer the Program
(including, where appropriate, in coordination with States),
including relating to the following:
``(1) Outreach, engagement, education, and technical
assistance and support to eligible nonprofit organizations
described in subsection (b), with particular attention to
such organizations in underserved communities, prior to,
during, and after the awarding of grants, including web-based
training videos for eligible nonprofit organizations that
provide guidance on preparing an application and the
environmental planning and historic preservation process.
``(2) Establishment of mechanisms to ensure program office
processes are conducted in accordance with constitutional,
statutory, regulatory, and other legal and agency policy
requirements that protect civil rights and civil liberties
and, to the maximum extent practicable, advance equity for
members of underserved communities.
``(3) Establishment of mechanisms for the Administrator to
provide feedback to eligible nonprofit organizations that do
not receive grants.
``(4) Establishment of mechanisms to collect data to
measure the effectiveness of grants under the Program.
``(5) Establishment and enforcement of standardized
baseline operational requirements for States, including
requirements for States to eliminate or prevent any
administrative or operational obstacles that may impact
eligible nonprofit organizations described in subsection (b)
from receiving grants under the Program.
``(6) Carrying out efforts to prevent waste, fraud, and
abuse, including through audits of grantees.
``(g) Grant Guidelines.--For each fiscal year, prior to
awarding grants under this section, the Administrator--
``(1) shall publish guidelines, including a notice of
funding opportunity or similar announcement, as the
Administrator determines appropriate; and
``(2) may prohibit States from closing application
processes prior to the publication of such guidelines.
``(h) Allocation Requirements.--
``(1) In general.--In awarding grants under this section,
the Administrator shall ensure that--
``(A) 50 percent of amounts appropriated pursuant to the
authorization of appropriations under subsection (k) is
provided to eligible recipients located in high-risk urban
areas that receive funding under section 2003 in the current
fiscal year or received such funding in any of the preceding
ten fiscal years, inclusive of any amounts States may retain
pursuant to paragraph (2) of subsection (c); and
``(B) 50 percent of amounts appropriated pursuant to the
authorizations of appropriations under subsection (k) is
provided to eligible recipients located in jurisdictions not
receiving funding under section 2003 in the current fiscal
year or have not received such funding in any of the
preceding ten fiscal years, inclusive of any amounts States
may retain pursuant to paragraph (2) of subsection (c).
``(2) Exception.--Notwithstanding paragraph (1), the
Administrator may allocate a different percentage if the
Administrator does not receive a sufficient number of
applications from eligible recipients to meet the allocation
percentages described in either subparagraph (A) or (B) of
such paragraph. If the Administrator exercises the
authorization under this paragraph, the Administrator shall,
not later than 30 days after such exercise, report to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate regarding such exercise.
``(i) Paperwork Reduction Act.--Chapter 35 of title 44,
United States Code (commonly known as the `Paperwork
Reduction Act'), shall not apply to any changes to the
application materials, Program forms, or other core Program
documentation intended to enhance participation by eligible
nonprofit organizations in the Program.'';
(7) in subsection (j), as so redesignated--
(A) in paragraph (1), by striking ``$75 million for each of
fiscal years 2020 through 2024'' and inserting ``$75,000,000
for fiscal year 2023 and $500,000,000 for each of fiscal
years 2024 through 2028''; and
(B) by amending paragraph (2) to read as follows:
``(2) Operations and maintenance.--Of the amounts
authorized to be appropriated pursuant to paragraph (1), not
more than five percent is authorized--
``(A) to operate the program office; and
``(B) for other costs associated with the management,
administration, and evaluation of the Program.''; and
(8) by adding at the end the following new subsection:
``(k) Treatment.--Nonprofit organizations determined by the
Secretary to be at risk of extremist attacks other than
terrorist attacks and threats under subsection (a) are deemed
to satisfy the conditions specified in subsection (b) if
protecting such organizations against such other extremist
attacks would help protect such organizations against such
terrorist attacks and threats.''.
(b) Plan.--Not later than 90 days after the date of the
enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall submit to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate a plan for the administration of the program
office for the Nonprofit Security Grant Program established
under subsection (f) of section 2009 of the Homeland Security
Act 2002 (6 U.S.C. 609a), as amended by subsection (a),
including a staffing plan for such program office.
(c) Conforming Amendment.--Section 2008 of the Homeland
Security Act of 2002 (6 U.S.C. 609) is amended--
(1) in subsection (c) by striking ``sections 2003 and
2004'' and inserting ``sections 2003, 2004, and 2009''; and
(2) in subsection (e), by striking ``section 2003 or 2004''
and inserting ``sections 2003, 2004, or 2009''.
SEC. 59102. NATIONAL COMPUTER FORENSICS INSTITUTE
REAUTHORIZATION.
(a) In General.--Section 822 of the Homeland Security Act
of 2002 (6 U.S.C. 383) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``In General''
and inserting ``In General; Mission'';
(B) by striking ``2022'' and inserting ``2032''; and
(C) by striking the second sentence and inserting ``The
Institute's mission shall be to educate, train, and equip
State, local, territorial, and Tribal law enforcement
officers, prosecutors, judges, participants in the United
States Secret Service's network of cyber fraud task forces,
and other appropriate individuals regarding the investigation
and prevention of cybersecurity incidents, electronic crimes,
and related cybersecurity threats, including through the
dissemination of homeland security information, in accordance
with relevant Department guidance regarding privacy, civil
rights, and civil liberties protections.'';
(2) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively;
(3) by striking subsection (b) and inserting the following
new subsections:
``(b) Curriculum.--In furtherance of subsection (a), all
education and training of the Institute shall be conducted in
accordance with relevant Federal law and policy regarding
privacy, civil rights, and civil liberties protections,
including best practices for safeguarding data privacy and
fair information practice principles. Education and training
provided pursuant to subsection (a) shall relate to the
following:
``(1) Investigating and preventing cybersecurity incidents,
electronic crimes, and related cybersecurity threats,
including relating to instances involving illicit use of
digital assets and emerging trends in cybersecurity and
electronic crime.
``(2) Conducting forensic examinations of computers, mobile
devices, and other information systems.
``(3) Prosecutorial and judicial considerations related to
cybersecurity incidents, electronic crimes, related
cybersecurity threats, and forensic examinations of
computers, mobile devices, and other information systems.
``(4) Methods to obtain, process, store, and admit digital
evidence in court.
``(c) Research and Development.--In furtherance of
subsection (a), the Institute shall research, develop, and
share information relating to investigating cybersecurity
incidents, electronic crimes, and related cybersecurity
threats that prioritize best practices for forensic
examinations of computers, mobile devices, and other
information systems. Such information may include training on
methods to investigate ransomware and other threats involving
the use of digital assets.'';
(4) in subsection (d), as so redesignated--
(A) by striking ``cyber and electronic crime and related
threats is shared with State, local, tribal, and territorial
law enforcement officers and prosecutors'' and inserting
``cybersecurity incidents, electronic crimes, and related
cybersecurity threats is shared with recipients of education
and training provided pursuant to subsection (a)''; and
(B) by adding at the end the following new sentence: ``The
Institute shall prioritize providing education and training
to individuals from geographically-diverse jurisdictions
throughout the United States.'';
(5) in subsection (e), as so redesignated--
(A) by striking ``State, local, tribal, and territorial law
enforcement officers'' and inserting ``recipients of
education and training provided pursuant to subsection (a)'';
and
(B) by striking ``necessary to conduct cyber and electronic
crime and related threat investigations and computer and
mobile device forensic examinations'' and inserting ``for
investigating and preventing cybersecurity incidents,
electronic crimes, related cybersecurity threats, and for
forensic examinations of computers, mobile devices, and other
information systems'';
(6) in subsection (f), as so redesignated--
(A) by amending the heading to read as follows: ``Cyber
Fraud Task Forces'';
(B) by striking ``Electronic Crime'' and inserting ``Cyber
Fraud'';
(C) by striking ``State, local, tribal, and territorial law
enforcement officers'' and inserting ``recipients of
education and training provided pursuant to subsection (a)'';
and
(D) by striking ``at'' and inserting ``by'';
(7) by redesignating subsection (g), as redesignated
pursuant to paragraph (2), as subsection (j); and
(8) by inserting after subsection (f), as so redesignated,
the following new subsections:
[[Page H6381]]
``(g) Expenses.--The Director of the United States Secret
Service may pay for all or a part of the education, training,
or equipment provided by the Institute, including relating to
the travel, transportation, and subsistence expenses of
recipients of education and training provided pursuant to
subsection (a).
``(h) Annual Reports to Congress.--The Secretary shall
include in the annual report required pursuant to section
1116 of title 31, United States Code, information regarding
the activities of the Institute, including relating to the
following:
``(1) Activities of the Institute, including, where
possible, an identification of jurisdictions with recipients
of education and training provided pursuant to subsection (a)
of this section during such year and information relating to
the costs associated with such education and training.
``(2) Any information regarding projected future demand for
such education and training.
``(3) Impacts of the Institute's activities on
jurisdictions' capability to investigate and prevent
cybersecurity incidents, electronic crimes, and related
cybersecurity threats.
``(4) A description of the nomination process for State,
local, territorial, and Tribal law enforcement officers,
prosecutors, judges, participants in the United States Secret
Service's network of cyber fraud task forces, and other
appropriate individuals to receive the education and training
provided pursuant to subsection (a).
``(5) Any other issues determined relevant by the
Secretary.
``(i) Definitions.--In this section--
``(1) Cybersecurity threat.--The term `cybersecurity
threat' has the meaning given such term in section 102 of the
Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501))
``(2) Incident.--The term `incident' has the meaning given
such term in section 2209(a).
``(3) Information system.--The term `information system'
has the meaning given such term in section 102 of the
Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501(9))).''.
(b) Guidance From the Privacy Officer and Civil Rights and
Civil Liberties Officer.--The Privacy Officer and the Officer
for Civil Rights and Civil Liberties of the Department of
Homeland Security shall provide guidance, upon the request of
the Director of the United States Secret Service, regarding
the functions specified in subsection (b) of section 822 of
the Homeland Security Act of 2002 (6 U.S.C. 383), as amended
by subsection (a).
(c) Template for Information Collection From Participating
Jurisdictions.--Not later than 180 days after the date of the
enactment of this Act, the Director of the United States
Secret Service shall develop and disseminate to jurisdictions
that are recipients of education and training provided by the
National Computer Forensics Institute pursuant to subsection
(a) of section 822 of the Homeland Security Act of 2002 (6
U.S.C. 383), as amended by subsection (a), a template to
permit each such jurisdiction to submit to the Director
reports on the impacts on such jurisdiction of such education
and training, including information on the number of digital
forensics exams conducted annually. The Director shall, as
appropriate, revise such template and disseminate to
jurisdictions described in this subsection any such revised
templates.
(d) Requirements Analysis.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Director of the United States
Secret Service shall carry out a requirements analysis of
approaches to expand capacity of the National Computer
Forensics Institute to carry out the Institute's mission as
set forth in subsection (a) of section 822 of the Homeland
Security Act of 2002 (6 U.S.C. 383), as amended by subsection
(a).
(2) Submission.--Not later than 90 days after completing
the requirements analysis under paragraph (1), the Director
of the United States Secret Service shall submit to Congress
such analysis, together with a plan to expand the capacity of
the National Computer Forensics Institute to provide
education and training described in such subsection. Such
analysis and plan shall consider the following:
(A) Expanding the physical operations of the Institute.
(B) Expanding the availability of virtual education and
training to all or a subset of potential recipients of
education and training from the Institute.
(C) Some combination of the considerations set forth in
subparagraphs (A) and (B).
(e) Research and Development.--The Director of the United
States Secret Service may coordinate with the Under Secretary
for Science and Technology of the Department of Homeland
Security to carry out research and development of systems and
procedures to enhance the National Computer Forensics
Institute's capabilities and capacity to carry out the
Institute's mission as set forth in subsection (a) of section
822 of the Homeland Security Act of 2002 (6 U.S.C. 383), as
amended by subsection (a).
SEC. 59103. HOMELAND SECURITY CAPABILITIES PRESERVATION.
(a) Plan.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Homeland
Security, acting through the Administrator of the Federal
Emergency Management Agency, shall submit to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate a plan, informed by the survey information
collected pursuant to subsection (b), to make Federal
assistance available for at least three consecutive fiscal
years to certain urban areas that in the current fiscal year
did not receive grant funding under the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of
2002 (6 U.S.C. 604) and require continued Federal assistance
for the purpose of preserving a homeland security capability
related to preventing, preparing for, protecting against, and
responding to acts of terrorism that had been developed or
otherwise supported through prior grant funding under such
Initiative and allow for such urban areas to transition to
such urban areas costs of preserving such homeland security
capabilities.
(2) Additional requirement.--The plan required under
paragraph (1) shall also contain a prohibition on an urban
area that in a fiscal year is eligible to receive Federal
assistance described in such paragraph from also receiving
grant funding under the Urban Area Security Initiative under
section 2003 of the Homeland Security Act of 2002. In such a
case, such plan shall require such an urban area to promptly
notify the Administrator of the Federal Emergency Management
Agency regarding the preference of such urban area to retain
either--
(A) such eligibility for such Federal assistance; or
(B) such receipt of such grant funding.
(b) Survey.--In developing the plan required under
subsection (a), the Administrator of the Federal Emergency
Management Agency, shall, to ascertain the scope of Federal
assistance required, survey urban areas that--
(1) did not receive grant funding under the Urban Area
Security Initiative under section 2003 of the Homeland
Security Act of 2002 in the current fiscal year concerning
homeland security capabilities related to preventing,
preparing for, protecting against, and responding to acts of
terrorism that had been developed or otherwise supported
through funding under such Initiative that are at risk of
being reduced or eliminated without such Federal assistance;
(2) received such funding in the current fiscal year, but
did not receive such funding in at least one fiscal year in
the six fiscal years immediately preceding the current fiscal
year; and
(3) any other urban areas the Secretary determines
appropriate.
(c) Exemption.--The Secretary of Homeland Security may
exempt the Federal Emergency Management Agency from the
requirements of subchapter I of chapter 35 of title 44,
United States Code (commonly referred to as the ``Paperwork
Reduction Act''), for purposes of carrying out subsection (b)
if the Secretary determines that complying with such
requirements would delay the development of the plan required
under subsection (a).
(d) Contents.--The plan required under subsection (a)
shall--
(1) establish eligibility criteria for urban areas to
receive Federal assistance pursuant to such plan to provide
assistance for the purpose described in such subsection;
(2) identify annual funding levels for such Federal
assistance in accordance with the survey required under
subsection (b); and
(3) consider a range of approaches to make such Federal
assistance available to such urban areas, including--
(A) modifications to the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 in a
manner that would not affect the availability of funding to
urban areas under such Initiative;
(B) the establishment of a competitive grant program;
(C) the establishment of a formula grant program; and
(D) a timeline for the implementation of any such approach
and, if necessary, a legislative proposal to authorize any
such approach.
SEC. 59104. SCHOOL AND DAYCARE PROTECTION.
(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.) is amended by adding at the end
the following new section:
``SEC. 714. SCHOOL SECURITY COORDINATING COUNCIL.
``(a) Establishment.--There is established in the
Department a coordinating council to ensure that, to the
maximum extent practicable, activities, plans, and policies
to enhance the security of early childhood education
programs, elementary schools, high schools, and secondary
schools against acts of terrorism and other homeland security
threats are coordinated.
``(b) Composition.--The members of the council established
pursuant to subsection (a) shall include the following:
``(1) The Under Secretary for Strategy, Policy, and Plans.
``(2) The Director of the Cybersecurity and Infrastructure
Security.
``(3) The Administrator of the Federal Emergency Management
Agency.
``(4) The Director of the Secret Service.
``(5) The Executive Director of the Office of Academic
Engagement.
``(6) The Assistant Secretary for Public Affairs.
``(7) Any other official of the Department the Secretary
determines appropriate.
``(c) Leadership.--The Secretary shall designate a member
of the council to serve as chair of the council.
[[Page H6382]]
``(d) Resources.--The Secretary shall participate in
Federal efforts to maintain and publicize a clearinghouse of
resources available to early childhood education programs,
elementary schools, high schools, and secondary schools to
enhance security against acts of terrorism and other homeland
security threats.
``(e) Reports.--Not later than January 30, 2023, and
annually thereafter, the Secretary shall submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report regarding the
following:
``(1) The Department's activities, plans, and policies
aimed at enhancing the security of early childhood education
programs, elementary schools, high schools, and secondary
schools against acts of terrorism and other homeland security
threats.
``(2) With respect to the immediately preceding year,
information on the following:
``(A) The council's activities during such year.
``(B) The Department's contributions to Federal efforts to
maintain and publicize the clearinghouse of resources
referred to in subsection (d) during such year.
``(3) Any metrics regarding the efficacy of such activities
and contributions, and any engagement with stakeholders
outside of the Federal Government.
``(f) Definitions.--In this section, the terms `early
childhood education program', `elementary school', `high
school', and `secondary school' have the meanings given such
terms in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 713 the
following new item:
``Sec. 714. School security coordinating council.''.
SEC. 59105. REPORTING EFFICIENTLY TO PROPER OFFICIALS IN
RESPONSE TO TERRORISM.
(a) In General.--Whenever an act of terrorism occurs in the
United States, the Secretary of Homeland Security, the
Attorney General, the Director of the Federal Bureau of
Investigation, and, as appropriate, the head of the National
Counterterrorism Center, shall submit to the appropriate
congressional committees, by not later than one year after
the completion of the investigation concerning such act by
the primary Government agency conducting such investigation,
an unclassified report (which may be accompanied by a
classified annex) concerning such act.
(b) Content of Reports.--A report under this section
shall--
(1) include a statement of the facts of the act of
terrorism referred to in subsection (a), as known at the time
of the report;
(2) identify any gaps in homeland or national security that
could be addressed to prevent future acts of terrorism; and
(3) include any recommendations for additional measures
that could be taken to improve homeland or national security,
including recommendations relating to potential changes in
law enforcement practices or changes in law, with particular
attention to changes that could help prevent future acts of
terrorism.
(c) Exception.--
(1) In general.--If the Secretary of Homeland Security, the
Attorney General, the Director of the Federal Bureau of
Investigation, or, as appropriate, the head of the National
Counterterrorism Center determines any information described
in subsection (b) required to be reported in accordance with
subsection (a) could jeopardize an ongoing investigation or
prosecution, the Secretary, Attorney General, Director, or
head, as the case may be--
(A) may withhold from reporting such information; and
(B) shall notify the appropriate congressional committees
of such determination.
(2) Saving provision.--Withholding of information pursuant
to a determination under paragraph (1) shall not affect in
any manner the responsibility to submit a report required
under subsection (a) containing other information described
in subsection (b) not subject to such determination.
(d) Definitions.--In this section:
(1) Act of terrorism.--The term ``act of terrorism'' has
the meaning given such term in section 3077 of title 18,
United States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) in the House of Representatives--
(i) the Committee on Homeland Security;
(ii) the Committee on the Judiciary; and
(iii) the Permanent Select Committee on Intelligence; and
(B) in the Senate--
(i) the Committee on Homeland Security and Governmental
Affairs;
(ii) the Committee on the Judiciary; and
(iii) the Select Committee on Intelligence.
SEC. 59106. CYBERSECURITY GRANTS FOR SCHOOLS.
(a) In General.--Section 2220 of the Homeland Security Act
of 2002 (6 U.S.C. 665f) is amended by adding at the end the
following new subsection:
``(e) Grants and Cooperative Agreements.--The Director may
award financial assistance in the form of grants or
cooperative agreements to States, local governments,
institutions of higher education (as such term is defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)), nonprofit organizations, and other non-Federal
entities as determined appropriate by the Director for the
purpose of funding cybersecurity and infrastructure security
education and training programs and initiatives to--
``(1) carry out the purposes of CETAP; and
``(2) enhance CETAP to address the national shortfall of
cybersecurity professionals.''.
(b) Briefings.--Paragraph (2) of subsection (c) of section
2220 of the Homeland Security Act of 2002 (6 U.S.C. 665f) is
amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E) respectively; and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) information on any grants or cooperative agreements
made pursuant to subsection (e), including how any such
grants or cooperative agreements are being used to enhance
cybersecurity education for underserved populations or
communities;''.
Subtitle B--Enhancing DHS Acquisitions and Supply Chain
SEC. 59121. HOMELAND PROCUREMENT REFORM.
(a) In General.--Subtitle D of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by
adding at the end the following new section:
``SEC. 836. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED TO
NATIONAL SECURITY INTERESTS.
``(a) Definitions.--In this section:
``(1) Covered item.--The term `covered item' means any of
the following:
``(A) Footwear provided as part of a uniform.
``(B) Uniforms.
``(C) Holsters and tactical pouches.
``(D) Patches, insignia, and embellishments.
``(E) Chemical, biological, radiological, and nuclear
protective gear.
``(F) Body armor components intended to provide ballistic
protection for an individual, consisting of 1 or more of the
following:
``(i) Soft ballistic panels.
``(ii) Hard ballistic plates.
``(iii) Concealed armor carriers worn under a uniform.
``(iv) External armor carriers worn over a uniform.
``(G) Any other item of clothing or protective equipment as
determined appropriate by the Secretary.
``(2) Frontline operational component.-- The term
`frontline operational component' means any of the following
organizations of the Department:
``(A) U.S. Customs and Border Protection.
``(B) U.S. Immigration and Customs Enforcement.
``(C) The United States Secret Service.
``(D) The Transportation Security Administration.
``(E) The Coast Guard.
``(F) The Federal Protective Service.
``(G) The Federal Emergency Management Agency.
``(H) The Federal Law Enforcement Training Centers.
``(I) The Cybersecurity and Infrastructure Security Agency.
``(b) Requirements.--
``(1) In general.--The Secretary shall ensure that any
procurement of a covered item for a frontline operational
component meets the following criteria:
``(A)(i) To the maximum extent possible, not less than one-
third of funds obligated in a specific fiscal year for the
procurement of such covered items shall be covered items that
are manufactured or supplied in the United States by entities
that qualify as small business concerns, as such term is
described under section 3 of the Small Business Act (15
U.S.C. 632).
``(ii) Covered items may only be supplied pursuant to
subparagraph (A) to the extent that United States entities
that qualify as small business concerns--
``(I) are unable to manufacture covered items in the United
States; and
``(II) meet the criteria identified in subparagraph (B).
``(B) Each contractor with respect to the procurement of
such a covered item, including the end-item manufacturer of
such a covered item--
``(i) is an entity registered with the System for Award
Management (or successor system) administered by the General
Services Administration; and
``(ii) is in compliance with ISO 9001:2015 of the
International Organization for Standardization (or successor
standard) or a standard determined appropriate by the
Secretary to ensure the quality of products and adherence to
applicable statutory and regulatory requirements.
``(C) Each supplier of such a covered item with an insignia
(such as any patch, badge, or emblem) and each supplier of
such an insignia, if such covered item with such insignia or
such insignia, as the case may be, is not produced, applied,
or assembled in the United States, shall--
``(i) store such covered item with such insignia or such
insignia in a locked area;
``(ii) report any pilferage or theft of such covered item
with such insignia or such insignia occurring at any stage
before delivery of such covered item with such insignia or
such insignia; and
``(iii) destroy any such defective or unusable covered item
with insignia or insignia
[[Page H6383]]
in a manner established by the Secretary, and maintain
records, for three years after the creation of such records,
of such destruction that include the date of such
destruction, a description of the covered item with insignia
or insignia destroyed, the quantity of the covered item with
insignia or insignia destroyed, and the method of
destruction.
``(2) Waiver.--
``(A) In general.--In the case of a national emergency
declared by the President under the National Emergencies Act
(50 U.S.C. 1601 et seq.) or a major disaster declared by the
President under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170), the Secretary may waive a requirement in subparagraph
(A), (B) or (C) of paragraph (1) if the Secretary determines
there is an insufficient supply of a covered item that meets
the requirement.
``(B) Notice.--Not later than 60 days after the date on
which the Secretary determines a waiver under subparagraph
(A) is necessary, the Secretary shall provide to the
Committee on Homeland Security and Governmental Affairs and
the Committee on Appropriations of the Senate and the
Committee on Homeland Security, the Committee on Oversight
and Reform, and the Committee on Appropriations of the House
of Representatives notice of such determination, which shall
include--
``(i) identification of the national emergency or major
disaster declared by the President;
``(ii) identification of the covered item for which the
Secretary intends to issue the waiver; and
``(iii) a description of the demand for the covered item
and corresponding lack of supply from contractors able to
meet the criteria described in subparagraph (B) or (C) of
paragraph (1).
``(c) Pricing.--The Secretary shall ensure that covered
items are purchased at a fair and reasonable price,
consistent with the procedures and guidelines specified in
the Federal Acquisition Regulation.
``(d) Report.--Not later than 1 year after the date of
enactment of this section and annually thereafter, the
Secretary shall provide to the Committee on Homeland
Security, the Committee on Oversight and Reform, and the
Committee on Appropriations of the House of Representatives,
and the Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the Senate a
briefing on instances in which vendors have failed to meet
deadlines for delivery of covered items and corrective
actions taken by the Department in response to such
instances.
``(e) Effective Date.--This section applies with respect to
a contract entered into by the Department or any frontline
operational component on or after the date that is 180 days
after the date of enactment of this section.''.
(b) Study.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a study of
the adequacy of uniform allowances provided to employees of
frontline operational components (as defined in section 836
of the Homeland Security Act of 2002, as added by subsection
(a)).
(2) Requirements.--The study conducted under paragraph (1)
shall--
(A) be informed by a Department-wide survey of employees
from across the Department of Homeland Security who receive
uniform allowances that seeks to ascertain what, if any,
improvements could be made to the current uniform allowances
and what, if any, impacts current allowances have had on
employee morale and retention;
(B) assess the adequacy of the most recent increase made to
the uniform allowance for first year employees; and
(C) consider increasing by 50 percent, at minimum, the
annual allowance for all other employees.
(c) Additional Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall provide a report with recommendations on how the
Department of Homeland Security could procure additional
items from domestic sources and bolster the domestic supply
chain for items related to national security to--
(A) the Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the Senate;
and
(B) the Committee on Homeland Security, the Committee on
Oversight and Reform, and the Committee on Appropriations of
the House of Representatives.
(2) Contents.--The report required under paragraph (1)
shall include the following:
(A) A review of the compliance of the Department of
Homeland Security with the requirements under section 604 of
title VI of division A of the American Recovery and
Reinvestment Act of 2009 (6 U.S.C. 453b) to buy certain items
related to national security interests from sources in the
United States.
(B) An assessment of the capacity of the Department of
Homeland Security to procure the following items from
domestic sources:
(i) Personal protective equipment and other items necessary
to respond to a pandemic such as that caused by COVID-19.
(ii) Helmets that provide ballistic protection and other
head protection and components.
(iii) Rain gear, cold weather gear, and other environmental
and flame resistant clothing.
(d) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by inserting after the item
relating to section 835 the following:
``Sec. 836. Requirements to buy certain items related to national
security interests.''.
SEC. 59122. DHS SOFTWARE SUPPLY CHAIN RISK MANAGEMENT.
(a) Guidance.--The Secretary of Homeland Security, acting
through the Under Secretary, shall issue guidance with
respect to new and existing covered contracts.
(b) New Covered Contracts.--In developing guidance under
subsection (a), with respect to each new covered contract, as
a condition on the award of such a contract, each contractor
responding to a solicitation for such a contract shall submit
to the covered officer--
(1) a planned bill of materials when submitting a bid
proposal; and
(2) the certification and notifications described in
subsection (e).
(c) Existing Covered Contracts.--In developing guidance
under subsection (a), with respect to each existing covered
contract, each contractor with an existing covered contract
shall submit to the covered officer--
(1) the bill of materials used for such contract, upon the
request of such officer; and
(2) the certification and notifications described in
subsection (e).
(d) Updating Bill of Materials.--With respect to a covered
contract, in the case of a change to the information included
in a bill of materials submitted pursuant to subsections
(b)(1) and (c)(1), each contractor shall submit to the
covered officer the update to such bill of materials, in a
timely manner.
(e) Certification and Notifications.--The certification and
notifications referred to in subsections (b)(2) and (c)(2),
with respect to a covered contract, are the following:
(1) A certification that each item listed on the submitted
bill of materials is free from all known vulnerabilities or
defects affecting the security of the end product or service
identified in--
(A) the National Institute of Standards and Technology
National Vulnerability Database; and
(B) any database designated by the Under Secretary, in
coordination with the Director of the Cybersecurity and
Infrastructure Security Agency, that tracks security
vulnerabilities and defects in open source or third-party
developed software.
(2) A notification of each vulnerability or defect
affecting the security of the end product or service, if
identified, through--
(A) the certification of such submitted bill of materials
required under paragraph (1); or
(B) any other manner of identification.
(3) A notification relating to the plan to mitigate,
repair, or resolve each security vulnerability or defect
listed in the notification required under paragraph (2).
(f) Enforcement.--In developing guidance under subsection
(a), the Secretary shall instruct covered officers with
respect to--
(1) the processes available to such officers enforcing
subsections (b) and (c); and
(2) when such processes should be used.
(g) Effective Date.--The guidance required under subsection
(a) shall take effect on the date that is 180 days after the
date of the enactment of this section.
(h) GAO Report.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Secretary, the Committee on
Homeland Security of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report that includes--
(1) a review of the implementation of this section;
(2) information relating to the engagement of the
Department of Homeland Security with industry;
(3) an assessment of how the guidance issued pursuant to
subsection (a) complies with Executive Order 14208 (86 Fed.
Reg. 26633; relating to improving the nation's
cybersecurity); and
(4) any recommendations relating to improving the supply
chain with respect to covered contracts.
(i) Definitions.--In this section:
(1) Bill of materials.--The term ``bill of materials''
means a list of the parts and components (whether new or
reused) of an end product or service, including, with respect
to each part and component, information relating to the
origin, composition, integrity, and any other information as
determined appropriate by the Under Secretary.
(2) Covered contract.--The term ``covered contract'' means
a contract relating to the procurement of covered information
and communications technology or services for the Department
of Homeland Security.
(3) Covered information and communications technology or
services.--The term ``covered information and communications
technology or services'' means the terms--
(A) ``information technology'' (as such term is defined in
section 11101(6) of title 40, United States Code);
(B) ``information system'' (as such term is defined in
section 3502(8) of title 44, United States Code);
[[Page H6384]]
(C) ``telecommunications equipment'' (as such term is
defined in section 3(52) of the Communications Act of 1934
(47 U.S.C. 153(52))); and
(D) ``telecommunications service'' (as such term is defined
in section 3(53) of the Communications Act of 1934 (47 U.S.C.
153(53))).
(4) Covered officer.--The term ``covered officer'' means--
(A) a contracting officer of the Department; and
(B) any other official of the Department as determined
appropriate by the Under Secretary.
(5) Software.--The term ``software'' means computer
programs and associated data that may be dynamically written
or modified during execution.
(6) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Management of the Department of
Homeland Security.
SEC. 59123. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTEGE
PROGRAM.
(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. 890C. MENTOR-PROTEGE PROGRAM.
``(a) Establishment.--There is established in the
Department a mentor-protege program (in this section referred
to as the `Program') under which a mentor firm enters into an
agreement with a protege firm for the purpose of assisting
the protege firm to compete for prime contracts and
subcontracts of the Department.
``(b) Eligibility.--The Secretary shall establish criteria
for mentor firms and protege firms to be eligible to
participate in the Program, including a requirement that a
firm is not included on any list maintained by the Federal
Government of contractors that have been suspended or
debarred.
``(c) Program Application and Approval.--
``(1) Application.--The Secretary, acting through the
Office of Small and Disadvantaged Business Utilization of the
Department, shall establish a process for submission of an
application jointly by a mentor firm and the protege firm
selected by the mentor firm. The application shall include
each of the following:
``(A) A description of the assistance to be provided by the
mentor firm, including, to the extent available, the number
and a brief description of each anticipated subcontract to be
awarded to the protege firm.
``(B) A schedule with milestones for achieving the
assistance to be provided over the period of participation in
the Program.
``(C) An estimate of the costs to be incurred by the mentor
firm for providing assistance under the Program.
``(D) Attestations that Program participants will submit to
the Secretary reports at times specified by the Secretary to
assist the Secretary in evaluating the protege firm's
developmental progress.
``(E) Attestations that Program participants will inform
the Secretary in the event of a change in eligibility or
voluntary withdrawal from the Program.
``(2) Approval.--Not later than 60 days after receipt of an
application pursuant to paragraph (1), the head of the Office
of Small and Disadvantaged Business Utilization shall notify
applicants of approval or, in the case of disapproval, the
process for resubmitting an application for reconsideration.
``(3) Rescission.--The head of the Office of Small and
Disadvantaged Business Utilization may rescind the approval
of an application under this subsection if it determines that
such action is in the best interest of the Department.
``(d) Program Duration.--A mentor firm and protege firm
approved under subsection (c) shall enter into an agreement
to participate in the Program for a period of not less than
36 months.
``(e) Program Benefits.--A mentor firm and protege firm
that enter into an agreement under subsection (d) may receive
the following Program benefits:
``(1) With respect to an award of a contract that requires
a subcontracting plan, a mentor firm may receive evaluation
credit for participating in the Program.
``(2) With respect to an award of a contract that requires
a subcontracting plan, a mentor firm may receive credit for a
protege firm performing as a first tier subcontractor or a
subcontractor at any tier in an amount equal to the total
dollar value of any subcontracts awarded to such protege
firm.
``(3) A protege firm may receive technical, managerial,
financial, or any other mutually agreed upon benefit from a
mentor firm, including a subcontract award.
``(f) Reporting.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the head
of the Office of Small and Disadvantaged Business Utilization
shall submit to the Committee on Homeland Security and
Governmental Affairs and the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Homeland
Security and the Committee on Small Business of the House of
Representatives a report that--
``(1) identifies each agreement between a mentor firm and a
protege firm entered into under this section, including the
number of protege firm participants that are--
``(A) small business concerns;
``(B) small business concerns owned and controlled by
veterans;
``(C) small business concerns owned and controlled by
service-disabled veterans;
``(D) qualified HUBZone small business concerns;
``(E) small business concerns owned and controlled by
socially and economically disadvantaged individuals;
``(F) small business concerns owned and controlled by
women;
``(G) historically Black colleges and universities; and
``(H) minority-serving institutions;
``(2) describes the type of assistance provided by mentor
firms to protege firms;
``(3) identifies contracts within the Department in which a
mentor firm serving as the prime contractor provided
subcontracts to a protege firm under the Program; and
``(4) assesses the degree to which there has been--
``(A) an increase in the technical capabilities of protege
firms; and
``(B) an increase in the quantity and estimated value of
prime contract and subcontract awards to protege firms for
the period covered by the report.
``(g) Rule of Construction.--Nothing in this section may be
construed to limit, diminish, impair, or otherwise affect the
authority of the Department to participate in any program
carried out by or requiring approval of the Small Business
Administration or adopt or follow any regulation or policy
that the Administrator of the Small Business Administration
may promulgate, except that, to the extent that any provision
of this section (including subsection (h)) conflicts with any
other provision of law, regulation, or policy, this section
shall control.
``(h) Definitions.--In this section:
``(1) Historically black college or university.--The term
`historically Black college or university' has the meaning
given the term `part B institution' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
``(2) Mentor firm.--The term `mentor firm' means a for-
profit business concern that is not a small business concern
that--
``(A) has the ability to assist and commits to assisting a
protege to compete for Federal prime contracts and
subcontracts; and
``(B) satisfies any other requirements imposed by the
Secretary.
``(3) Minority-serving institution.--The term `minority-
serving institution' means an institution of higher education
described in section 317 of the Higher Education Act of 1965
(20 U.S.C. 1067q(a)).
``(4) Protege firm.--The term `protege firm' means a small
business concern, a historically Black college or university,
or a minority-serving institution that--
``(A) is eligible to enter into a prime contract or
subcontract with the Department; and
``(B) satisfies any other requirements imposed by the
Secretary.
``(5) Small business act definitions.--The terms `small
business concern', `small business concern owned and
controlled by veterans', `small business concern owned and
controlled by service-disabled veterans', `qualified HUBZone
small business concern', `and small business concern owned
and controlled by women' have the meanings given such terms,
respectively, under section 3 of the Small Business Act (15
U.S.C. 632). The term `small business concern owned and
controlled by socially and economically disadvantaged
individuals' has the meaning given such term in section
8(d)(3)(C) of the Small Business Act (15 U.S.C.
637(d)(3)(C)).''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 890B the
following new item:
``Sec. 890C. Mentor-protege program.''.
SEC. 59124. DHS TRADE AND ECONOMIC SECURITY COUNCIL.
(a) DHS Trade and Economic Security Council.--
(1) In general.--Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.) is further
amended by adding at the end the following new section:
``SEC. 890D. DHS TRADE AND ECONOMIC SECURITY COUNCIL.
``(a) Establishment.--There is established in the
Department the DHS Trade and Economic Security Council
(referred to in this section as the `Council').
``(b) Duties of the Council.--The Council shall provide to
the Secretary advice and recommendations on matters of trade
and economic security, including--
``(1) identifying concentrated risks for trade and economic
security;
``(2) setting priorities for securing the Nation's trade
and economic security;
``(3) coordinating Department-wide activity on trade and
economic security matters;
``(4) with respect to the President's continuity of the
economy plan under section 9603 of the William M. (Mac)
Thornberry National Defense Authorization Act of Fiscal Year
2021;
``(5) proposing statutory and regulatory changes impacting
trade and economic security; and
``(6) any other matters the Secretary considers
appropriate.
``(c) Membership.--
``(1) In general.--The Council shall be composed of the
following members:
``(A) The Assistant Secretary for Trade and Economic
Security of the Office of Strategy, Policy, and Plans of the
Department.
``(B) An officer or an employee, selected by the Secretary,
from each of the following components and offices of the
Department:
``(i) The Cybersecurity and Infrastructure Security Agency.
[[Page H6385]]
``(ii) The Federal Emergency Management Agency.
``(iii) The Office of Intelligence and Analysis.
``(iv) The Science and Technology Directorate.
``(v) United States Citizenship and Immigration Services.
``(vi) The Coast Guard.
``(vii) U.S. Customs and Border Protection.
``(viii) U.S. Immigration and Customs Enforcement.
``(ix) The Transportation Security Administration.
``(2) Chair and vice chair.--The Assistant Secretary for
Trade and Economic Security shall serve as Chair of the
Council. The Assistant Secretary for Trade and Economic
Security may designate a Council member as a Vice Chair.
``(d) Meetings.--The Council shall meet not less frequently
than quarterly, as well as--
``(1) at the call of the Chair; or
``(2) at the direction of the Secretary.
``(e) Briefings.--Not later than 180 days after the date of
the enactment of this section and every six months thereafter
for four years, the Council shall brief the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate on the actions and activities of the Council.
``(f) Definition.--In this section, 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 protect core national values.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 890C the
following new item:
``Sec. 890D. DHS Trade and Economic Security Council.''.
(b) Assistant Secretary for Trade and Economic Security.--
Section 709 of the Homeland Security Act of 2002 (6 U.S.C.
349) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Assistant Secretary for Trade and Economic
Security.--
``(1) In general.--There is within the Office of Strategy,
Policy, and Plans an Assistant Secretary for Trade and
Economic Security.
``(2) Duties.--The Assistant Secretary for Trade and
Economic Security shall be responsible for policy formulation
regarding matters relating to economic security and trade, as
such matters relate to the mission and the operations of the
Department.
``(3) Additional responsibilities.--In addition to the
duties specified in paragraph (2), the Assistant Secretary
for Trade and Economic Security shall--
``(A) oversee--
``(i) the activities and enhancements of requirements for
supply chain mapping not otherwise assigned by law or by the
Secretary to another officer; and
``(ii) assessments and reports to Congress related to
critical economic security domains;
``(B) serve as the executive for the Department on the
Committee on Foreign Investment in the United States (CFIUS),
the Committee for the Assessment of Foreign Participation in
the United States Telecommunications Services Sector, and the
Federal Acquisition Security Council (in addition to any
position on such Council occupied by a representative of the
Cybersecurity and Infrastructure Security Agency of the
Department);
``(C) coordinate with stakeholders in other Federal
departments and agencies and non-governmental entities with
trade and economic security interests, authorities, and
responsibilities; and
``(D) perform such additional duties as the Secretary or
the Under Secretary of Strategy, Policy, and Plans may
prescribe.
``(4) Definitions.--In this subsection:
``(A) Critical economic security domain.--The term
`critical economic security domain' means any infrastructure,
industry, technology, or intellectual property (or
combination thereof) that is essential for the economic
security of the United States.
``(B) Economic security.--The term `economic security' has
the meaning given such term in section 890B.''.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security
$3,000,000 for each of fiscal years 2023 through 2027 to
carry out section 890B and subsection (g) of section 709 of
the Homeland Security Act of 2002, as added and inserted,
respectively, by subsections (a) and (b) of this Act.
SEC. 59125. DHS ACQUISITION REFORM.
(a) Acquisition Authorities for the Under Secretary of
Management of the Department of Homeland Security.--Section
701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is
amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting ``and acquisition
management'' after ``Procurement''; and
(B) in paragraph (6), by inserting ``(including firearms
and other sensitive assets)'' after ``equipment'';
(2) by redesignating subsections (d), the first subsection
(e) (relating to the system for award management
consultation), and the second subsection (e) (relating to the
definition of interoperable communications) as subsections
(e), (f), and (g), respectively; and
(3) by inserting after subsection (c) the following new
subsection:
``(d) Acquisition and Related Responsibilities.--
``(1) In general.--Notwithstanding section 1702(a) of title
41, United States Code, the Under Secretary for Management is
the Chief Acquisition Officer of the Department. As Chief
Acquisition Officer, the Under Secretary shall have the
authorities and perform the functions specified in section
1702(b) of such title, and perform all other functions and
responsibilities delegated by the Secretary or described in
this subsection.
``(2) Functions and responsibilities.--In addition to the
authorities and functions specified in section 1702(b) of
title 41, United States Code, the functions and
responsibilities of the Under Secretary for Management
related to acquisition (as such term is defined in section
131 of such title) include the following:
``(A) Advising the Secretary regarding acquisition
management activities, considering risks of failure to
achieve cost, schedule, or performance parameters, to ensure
that the Department achieves its mission through the adoption
of widely accepted program management best practices (as such
term is defined in section 837) and standards and, where
appropriate, acquisition innovation best practices.
``(B) Leading the Department's acquisition oversight body,
the Acquisition Review Board.
``(C) Synchronizing interagency coordination relating to
acquisition programs and acquisition management efforts of
the Department.
``(D) Exercising the acquisition decision authority (as
such term is defined in section 837) to approve, pause,
modify (including the rescission of approvals of program
milestones), or cancel major acquisition programs (as such
term is defined in section 837), unless the Under Secretary
delegates such authority to a Component Acquisition Executive
(as such term is defined in section 837) pursuant to
paragraph (3).
``(E) Providing additional scrutiny and oversight for an
acquisition that is not a major acquisition if--
``(i) the acquisition is for a program that is important to
the strategic and performance plans of the Department;
``(ii) the acquisition is for a program with significant
program or policy implications; and
``(iii) the Secretary determines that such scrutiny and
oversight for the acquisition is proper and necessary.
``(F) Establishing policies for managing acquisitions
across the Department that promote best practices (as such
term is defined in section 837).
``(G) Establishing policies for acquisition that implement
an approach that considers risks of failure to achieve cost,
schedule, or performance parameters that all components of
the Department shall comply with, including outlining
relevant authorities for program managers to effectively
manage acquisition programs (as such term is defined in
section 837).
``(H) Ensuring that each major acquisition program has a
Department-approved acquisition program baseline (as such
term is defined in section 837), pursuant to the Department's
acquisition management policy that is traceable to the life-
cycle cost estimate of the program, integrated master
schedule, and operational requirements.
``(I) Assisting the heads of components and Component
Acquisition Executives in efforts to comply with Federal law,
the Federal Acquisition Regulation, and Department
acquisition management directives.
``(J) Ensuring that grants and financial assistance are
provided only to individuals and organizations that are not
suspended or debarred.
``(K) Distributing guidance throughout the Department to
ensure that contractors involved in acquisitions,
particularly contractors that access the Department's
information systems and technologies, adhere to relevant
Department policies related to physical and information
security as identified by the Under Secretary.
``(L) Overseeing the Component Acquisition Executive
organizational structure to ensure Component Acquisition
Executives have sufficient capabilities and comply with
Department acquisition policies.
``(M) Developing and managing a professional acquisition
workforce to ensure the goods and services acquired by the
Department meet the needs of the mission and are at the best
value for the expenditure of public resources.
``(3) Delegation of certain acquisition decision
authority.--The Under Secretary for Management may delegate
acquisition decision authority, in writing, to the relevant
Component Acquisition Executive for a major capital asset,
service, or hybrid acquisition program that has a life-cycle
cost estimate of at least $300,000,000 but not more than
$1,000,000,000, based on fiscal year 2022 constant dollars,
if--
``(A) the component concerned possesses working policies,
processes, and procedures that are consistent with Department
acquisition policy;
``(B) the Component Acquisition Executive concerned has
adequate, experienced, and
[[Page H6386]]
dedicated professional employees with program management
training; and
``(C) each major acquisition program has a Department-
approved acquisition program baseline, and it is meeting
agreed-upon cost, schedule, and performance thresholds.''.
(b) Office of Test and Evaluation of the Department of
Homeland Security.--
(1) In general.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.) is amended by adding at the end
the following new section:
``SEC. 323. OFFICE OF TEST AND EVALUATION.
``(a) Establishment of Office.--There is established in the
Directorate of Science and Technology of the Department an
Office of Test and Evaluation (in this section referred to as
the `Office'). The Office shall--
``(1) serve as the principal advisory office for test and
evaluation support across the Department; and
``(2) serve as the test and evaluation liaison with--
``(A) Federal agencies and foreign, State, local, Tribal,
and territorial governments;
``(B) the private sector;
``(C) institutions of higher education; and
``(D) other relevant entities.
``(b) Director.--The Office shall be led by a Director. The
Director shall oversee the duties specified in subsection (a)
and carry out the following responsibilities:
``(1) Serve as a member of the Department's Acquisition
Review Board.
``(2) Establish and update, as necessary, test and
evaluation policies, procedures, and guidance for the
Department.
``(3) Ensure, in coordination with the Chief Acquisition
Officer, the Joint Requirements Council, the Under Secretary
for Science and Technology, and relevant component heads,
that acquisition programs (as such term is defined in section
837)--
``(A) complete reviews of operational requirements to
ensure such requirements--
``(i) are informed by threats, including physical and
cybersecurity threats;
``(ii) are operationally relevant; and
``(iii) are measurable, testable, and achievable within the
constraints of cost and schedule;
``(B) complete independent testing and evaluation of a
system or service throughout development of such system or
service;
``(C) complete operational testing and evaluation that
includes all system components and incorporates operators
into such testing and evaluation to ensure that a system or
service satisfies the mission requirements in the operational
environment of such system or service as intended in the
acquisition program baseline;
``(D) use independent verification and validation of test
and evaluation implementation and results, as appropriate;
and
``(E) document whether such programs meet all operational
requirements.
``(4) Provide oversight of test and evaluation activities
for major acquisition programs throughout the acquisition
life cycle by--
``(A) approving program test and evaluation master plans,
plans for individual test and evaluation events, and other
related documentation, determined appropriate by the
Director;
``(B) approving which independent test and evaluation agent
or third-party tester is selected for each program; and
``(C) providing an independent assessment to the
acquisition decision authority (as such term is defined in
section 837) that assesses a program's progress in meeting
operational requirements and operational effectiveness,
suitability, and resilience to inform production and
deployment decisions.
``(5) Determine if testing of a system or service conducted
by other Federal agencies, entities, or institutions of
higher education are relevant and sufficient in determining
whether such system or service performs as intended.
``(c) Annual Report.--
``(1) In general.--Not later than one year after the date
of the enactment of this section and annually thereafter, the
Director of the Office shall submit to the Secretary, the
Under Secretary for Management, component heads, and the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs a report relating to the test and
evaluation activities of the major acquisition programs of
the Department for the previous fiscal year.
``(2) Elements.--Each report required under paragraph (1)
shall include the following:
``(A) An assessment of--
``(i) test and evaluation activities conducted for each
major acquisition program with respect to demonstrating
operational requirements and operational effectiveness,
suitability, and resilience for each such program;
``(ii) any waivers of, or deviations from, approved program
test and evaluation master plans referred to in subsection
(b)(3)(A);
``(iii) any concerns raised by the independent test and
evaluation agent or third-party tester selected and approved
under subsection (b)(3)(B) relating to such waivers or
deviations; and
``(iv) any actions that have been taken or are planned to
be taken to address such concerns.
``(B) Recommendations with respect to resources,
facilities, and levels of funding made available for test and
evaluation activities referred to in subparagraph (A).
``(3) Form.--Each report required under paragraph (1) shall
be submitted in unclassified form but may include a
classified annex.
``(d) Relationship to Under Secretary for Science and
Technology.--
``(1) In general.--The Under Secretary for Management and
the Under Secretary for Science and Technology shall
coordinate in matters related to Department-wide acquisitions
so that investments of the Directorate of Science and
Technology are able to support current and future
requirements of the components of the Department.
``(2) Rule of construction.--Nothing in this subsection may
be construed as affecting or diminishing the authority of the
Under Secretary for Science and Technology.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 322 the
following new item:
``Sec. 323. Office of Test and Evaluation.''.
(c) Acquisition Authorities for Chief Financial Officer of
the Department of Homeland Security.--Paragraph (2) of
section 702(b) of the Homeland Security Act of 2002 (6 U.S.C.
342(b)) is amended by--
(1) redesignating subparagraph (I) as subparagraph (J); and
(2) inserting after subparagraph (H) the following new
subparagraph:
``(I) Oversee the costs of acquisition programs (as such
term is defined in section 837) and related activities to
ensure that actual and planned costs are in accordance with
budget estimates and are affordable, or can be adequately
funded, over the life cycle of such programs and
activities.''.
(d) Acquisition Authorities for Chief Information Officer
of the Department of Homeland Security.--Section 703 of the
Homeland Security Act of 2002 (6 U.S.C. 343) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Acquisition Responsibilities.--In addition to the
responsibilities specified in section 11315 of title 40,
United States Code, the acquisition responsibilities of the
Chief Information Officer, in consultation with the Under
Secretary for Management, shall include the following:
``(1) Overseeing the management of the Homeland Security
Enterprise Architecture and ensuring that, before each
acquisition decision event (as such term is defined in
section 837), approved information technology acquisitions
comply with any departmental information technology
management requirements, security protocols, and the Homeland
Security Enterprise Architecture, and in any case in which
information technology acquisitions do not so comply, making
recommendations to the Department's Acquisition Review Board
regarding such noncompliance.
``(2) Providing recommendations to the Acquisition Review
Board regarding information technology programs and
developing information technology acquisition strategic
guidance.''.
(e) Acquisition Authorities for Under Secretary of
Strategy, Policy, and Plans of the Department of Homeland
Security.--Subsection (c) of section 709 of the Homeland
Security Act of 2002 (6 U.S.C. 349) is amended by--
(1) redesignating paragraphs (4) through (7) as (5) through
(8), respectively; and
(2) inserting after paragraph (3) the following new
paragraph:
``(4) ensure acquisition programs (as such term is defined
in section 837) support the DHS Quadrennial Homeland Security
Review Report, the DHS Strategic Plan, the DHS Strategic
Priorities, and other appropriate successor documents;''.
(f) Acquisition Authorities for Program Accountability and
Risk Management (PARM) of the Department of Homeland
Security.--
(1) In general.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.), as amended by this Act, is
further amended by adding at the end the following new
section:
``SEC. 715. PROGRAM ACCOUNTABILITY AND RISK MANAGEMENT
OFFICE.
``(a) Establishment of Office.--There is established in the
Management Directorate of the Department a Program
Accountability and Risk Management office. Such office
shall--
``(1) provide consistent accountability, standardization,
and transparency of major acquisition programs of the
Department;
``(2) serve as the central oversight function for all
Department major acquisition programs; and
``(3) provide review and analysis of Department acquisition
programs, as appropriate.
``(b) Executive Director.--The Program Accountability and
Risk Management office shall be led by an Executive Director.
The Executive Director shall oversee the duties specified in
subsection (a), report directly to the Under Secretary for
Management, and carry out the following responsibilities:
``(1) Regularly monitor the performance of Department major
acquisition programs between acquisition decision events to
identify problems with cost, performance, or schedule that
components may need to address to prevent cost overruns,
performance issues, or schedule delays.
``(2) Assist the Under Secretary for Management in managing
the Department's acquisition programs, acquisition workforce,
and related activities of the Department.
``(3) Conduct oversight of individual acquisition programs
to implement Department
[[Page H6387]]
acquisition program policy, procedures, and guidance, with a
priority on ensuring the data the office collects and
maintains from Department components is accurate and
reliable.
``(4) Serve as the focal point and coordinator for the
acquisition life-cycle review process and as the executive
secretariat for the Department's Acquisition Review Board.
``(5) Advise the persons having acquisition decision
authority to--
``(A) make acquisition decisions consistent with all
applicable laws; and
``(B) establish clear lines of authority, accountability,
and responsibility for acquisition decision-making within the
Department.
``(6) Develop standardized certification standards, in
consultation with the Component Acquisition Executives, for
all acquisition program managers.
``(7) Assess the results of major acquisition programs'
post-implementation reviews, and identify opportunities to
improve performance throughout the acquisition process.
``(8) Provide technical support and assistance to
Department acquisition programs and acquisition personnel,
and coordinate with the Chief Procurement Officer regarding
workforce training and development activities.
``(9) Assist, as appropriate, with the preparation of the
Future Years Homeland Security Program, and make such
information available to the congressional homeland security
committees.
``(10) In coordination with the Component Acquisition
Executives, maintain the Master Acquisition Oversight List,
updated quarterly, that shall serve as an inventory of all
major acquisition programs and non-major acquisition programs
within the Department, including for each such program--
``(A) the component sponsoring the acquisition;
``(B) the name of the acquisition;
``(C) the acquisition level as determined by the
anticipated life-cycle cost of the program and other criteria
pursuant to the Department-level acquisition policy;
``(D) the acquisition decision authority for the
acquisition; and
``(E) the current acquisition phase.
``(c) Responsibilities of Components.--Each head of a
component shall comply with Federal law, the Federal
Acquisition Regulation, and Department acquisition management
directives established by the Under Secretary for Management.
For each major acquisition program, each head of a component
shall--
``(1) establish an organizational structure for conducting
acquisitions within the component, to be managed by a
Component Acquisition Executive;
``(2) obtain the resources necessary to operate such an
organizational structure that are aligned with the number,
type, size, and complexity of the acquisition programs of the
component; and
``(3) oversee sustainment of capabilities deployed by major
acquisition programs and non-major acquisition programs after
all planned deployments are completed until such capabilities
are retired or replaced.
``(d) Responsibilities of Component Acquisition
Executives.--Each Component Acquisition Executive shall--
``(1) establish and implement policies and guidance for
managing and conducting oversight for major acquisition
programs and non-major acquisition programs within the
component at issue that comply with Federal law, the Federal
Acquisition Regulation, and Department acquisition management
directives established by the Under Secretary for Management;
``(2) for each major acquisition program--
``(A) define baseline requirements and document changes to
such requirements, as appropriate;
``(B) establish a complete life cycle cost estimate with
supporting documentation that is consistent with cost
estimating best practices as identified by the Comptroller
General of the United States;
``(C) verify each life cycle cost estimate against
independent cost estimates or assessments, as appropriate,
and reconcile any differences;
``(D) complete a cost-benefit analysis with supporting
documentation; and
``(E) develop and maintain a schedule that is consistent
with scheduling best practices as identified by the
Comptroller General of the United States, including, in
appropriate cases, an integrated master schedule;
``(3) ensure that all acquisition program documentation
provided by the component demonstrates the knowledge required
for successful program execution prior to final approval and
is complete, accurate, timely, and valid;
``(4) in such cases where it is appropriate, exercise the
acquisition decision authority to approve, pause, modify
(including the rescission of approvals of program
milestones), or cancel major acquisition programs or non-
major acquisition programs when delegated by the Under
Secretary for Management pursuant to section 701(d)(3); and
``(5) review, oversee, and direct activities between
acquisition decision events for major acquisition programs
within the component for which the Under Secretary for
Management is the acquisition decision authority.
``(e) Definitions.--In this section:
``(1) Acquisition.--The term `acquisition' has the meaning
given such term in section 131 of title 41, United States
Code.
``(2) Acquisition decision authority.--The term
`acquisition decision authority' means the authority, in
addition to the authorities and functions specified in
subsection (b) of section 1702 of title 41, United States
Code, held by the Secretary acting through the Under
Secretary for Management to--
``(A) ensure compliance with Federal law, the Federal
Acquisition Regulation, and Department acquisition management
directives;
``(B) review (including approving, pausing, modifying, or
canceling) an acquisition program throughout the life cycle
of such program;
``(C) ensure that acquisition program managers have the
resources necessary to successfully execute an approved
acquisition program;
``(D) ensure appropriate acquisition program management of
cost, schedule, risk, and system or service performance of
the acquisition program at issue, including assessing
acquisition program baseline breaches and directing any
corrective action for such breaches;
``(E) ensure that acquisition program managers, on an
ongoing basis, monitor cost, schedule, and performance
against established baselines and use tools to assess risks
to an acquisition program at all phases of the life-cycle of
such program; and
``(F) establish policies and procedures for major
acquisition programs of the Department.
``(3) Acquisition decision event.--The term `acquisition
decision event', with respect to an acquisition program,
means a predetermined point within the acquisition life-cycle
at which the acquisition decision authority determines
whether such acquisition program shall proceed to the next
acquisition phase.
``(4) Acquisition program.--The term `acquisition program'
means the conceptualization, initiation, design, development,
test, contracting, production, deployment, logistics support,
modification, or disposal of systems, supplies, or services
(including construction) to satisfy the Department's needs.
``(5) Acquisition program baseline.--The term `acquisition
program baseline', with respect to an acquisition program,
means the cost, schedule, and performance parameters,
expressed in standard, measurable, quantitative terms, which
must be met to accomplish the goals of such program.
``(6) Best practices.--The term `best practices', with
respect to acquisition, means a knowledge-based approach to
capability development, procurement, and support that
includes the following:
``(A) Identifying and validating needs.
``(B) Assessing alternatives to select the most appropriate
solution.
``(C) Establishing well-defined requirements.
``(D) Developing realistic cost assessments and schedules
that account for the entire life-cycle of an acquisition.
``(E) Demonstrating technology, design, and manufacturing
maturity before initiating production.
``(F) Using milestones and exit criteria or specific
accomplishments that demonstrate the attainment of knowledge
to support progress throughout the acquisition phases.
``(G) Regularly assessing and managing risks to achieve
requirements and cost and schedule goals.
``(H) To the maximum extent possible, adopting and
executing standardized processes.
``(I) Establishing a workforce that is qualified to perform
necessary acquisition roles.
``(J) Integrating into the Department's mission and
business operations the capabilities described in
subparagraphs (A) through (I).
``(7) Breach.--The term `breach', with respect to a major
acquisition program, means a failure to meet any cost,
schedule, or performance threshold specified in the most
recently approved acquisition program baseline.
``(8) Congressional homeland security committees.--The term
`congressional homeland security committees' means--
``(A) the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(B) the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the
Senate.
``(9) Component acquisition executive.--The term `Component
Acquisition Executive' means the senior acquisition official
within a component who is designated in writing by the Under
Secretary for Management, in consultation with the component
head, with authority and responsibility for leading a process
and staff to provide acquisition and program management
oversight, policy, and guidance to ensure that statutory,
regulatory, and higher level policy requirements are
fulfilled, including compliance with Federal law, the Federal
Acquisition Regulation, and Department acquisition management
directives established by the Under Secretary.
``(10) Life-cycle cost.--The term `life-cycle cost' means
the total cost to the Government of acquiring, operating,
supporting, and (if applicable) disposing of the items being
acquired.
``(11) Major acquisition program.--The term `major
acquisition program' means a Department capital asset,
services, or hybrid acquisition program that is estimated by
the Secretary to require an eventual total expenditure of at
least $300,000,000 (based on fiscal year 2022 constant
dollars) over its life
[[Page H6388]]
cycle or a program identified by the Chief Acquisition
Officer as a program of special interest.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 714 the
following new item:
``Sec. 715. Program Accountability and Risk Management office.''.
(g) Acquisition Documentation.--
(1) In general.--Subtitle D of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 391 et seq.), as amended by
this Act, is further amended by adding at the end the
following new section:
``SEC. 837. ACQUISITION DOCUMENTATION.
``For each major acquisition program (as such term is
defined in section 714), the Secretary, acting through the
Under Secretary for Management, shall require the head of
each relevant component or office of the Department to--
``(1) maintain acquisition documentation that is complete,
accurate, timely, and valid, and that includes--
``(A) operational requirements that are validated
consistent with departmental policy;
``(B) a complete life-cycle cost estimate with supporting
documentation;
``(C) verification of such life-cycle cost estimate against
independent cost estimates, and reconciliation of any
differences;
``(D) a cost-benefit analysis with supporting
documentation;
``(E) an integrated master schedule with supporting
documentation;
``(F) plans for conducting systems engineering reviews and
test and evaluation activities throughout development to
support production and deployment decisions;
``(G) an acquisition plan that outlines the procurement
approach, including planned contracting vehicles;
``(H) a logistics and support plan for operating and
maintaining deployed capabilities until such capabilities are
disposed of or retired; and
``(I) an acquisition program baseline that is traceable to
the operational requirements of the program required under
subparagraphs (A), (B), and (E);
``(2) prepare cost estimates and schedules for major
acquisition programs pursuant to subparagraphs (B) and (E) of
paragraph (1) in a manner consistent with best practices as
identified by the Comptroller General of the United States;
and
``(3) ensure any revisions to the acquisition documentation
maintained pursuant to paragraph (1) are reviewed and
approved in accordance with departmental policy.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
adding after the item relating to section 836 the following
new item:
``Sec. 837. Acquisition documentation.''.
SEC. 59126. DHS ACQUISITION REVIEW BOARD.
(a) In General.--Subtitle D of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 391 et seq.) is further
amended by adding at the end the following new section:
``SEC. 838. ACQUISITION REVIEW BOARD.
``(a) In General.--There is established in the Department
an Acquisition Review Board (in this section referred to as
the `Board') to support the Under Secretary for Management in
managing the Department's acquisitions.
``(b) Composition.--
``(1) Chair.--The Under Secretary for Management shall
serve as chair of the Board.
``(2) Oversight.--The Under Secretary for Management may
designate an employee of the Department to oversee the
operations of the Board.
``(3) Participation.-- The Under Secretary for Management
shall ensure participation by other relevant Department
officials with responsibilities related to acquisitions as
permanent members of the Board, including the following:
``(A) The Chair of the Joint Requirements Council.
``(B) The Chief Financial Officer.
``(C) The Chief Human Capital Officer.
``(D) The Chief Information Officer.
``(E) The Chief Procurement Officer.
``(F) The Chief Readiness Support Officer.
``(G) The Chief Security Officer.
``(H) The Director of the Office of Test and Evaluation.
``(I) Other relevant senior Department officials, as
designated by the Under Secretary for Management.
``(c) Meetings.--The Board shall meet regularly for
purposes of evaluating the progress and status of an
acquisition program. The Board shall convene at the Under
Secretary for Management's discretion, and at such time as--
``(1) a new acquisition program is initiated;
``(2) a major acquisition program--
``(A) requires authorization to proceed from one
acquisition decision event to another throughout the
acquisition life-cycle;
``(B) is in breach of its approved acquisition program
baseline; or
``(C) requires additional review, as determined by the
Under Secretary for Management; or
``(3) a non-major acquisition program requires review, as
determined by the Under Secretary for Management.
``(d) Responsibilities.--The responsibilities of the Board
are as follows:
``(1) Determine the appropriate acquisition level and
acquisition decision authority for new acquisition programs
based on the estimated eventual total expenditure of each
such program to satisfy the mission need of the Department
over the life-cycle of such acquisition regardless of funding
source.
``(2) Determine whether a proposed acquisition has met the
requirements of key phases of the acquisition life-cycle
framework and is able to proceed to the next phase and
eventual full production and deployment.
``(3) Oversee whether a proposed acquisition's business
strategy, resources, management, and accountability is
executable and is aligned with the mission and strategic
goals of the Department.
``(4) Support the person with acquisition decision
authority for an acquisition in determining the appropriate
direction for such acquisition at key acquisition decision
events.
``(5) Conduct systematic reviews of acquisitions to ensure
that such acquisitions are progressing in accordance with
best practices and in compliance with the most recently
approved documents for such acquisitions' current acquisition
phases.
``(6) Review the acquisition documents of each major
acquisition program, including the acquisition program
baseline and documentation reflecting consideration of
tradeoffs among cost, schedule, and performance objectives,
to ensure the reliability of underlying data.
``(7) Ensure that practices are adopted and implemented to
require consideration of trade-offs among cost, schedule, and
performance objectives as part of the process for developing
requirements for major acquisition programs prior to the
initiation of the second acquisition decision event,
including, at a minimum, the following practices:
``(A) Department officials responsible for acquisition,
budget, and cost estimating functions are provided with the
appropriate opportunity to develop estimates and raise cost
and schedule concerns before performance objectives are
established for capabilities when feasible.
``(B) Full consideration is given to possible trade-offs
among cost, schedule, and performance objectives for each
alternative.
``(e) Documentation.--
``(1) In general.--The chair of the Board shall ensure that
all actions and decisions made pursuant to the
responsibilities of the Board under subsection (d) are
documented in an acquisition decision memorandum that
includes--
``(A) a summary of the action at issue or purpose for
convening a meeting under subsection (c);
``(B) the decision with respect to actions discussed during
such meeting;
``(C) the rationale for such a decision, including
justifications for any such decision made to allow
acquisition programs to deviate from the acquisition
management policy of the Department;
``(D) any assigned items for further action; and
``(E) the signature of the chair verifying the contents of
such memorandum.
``(2) Submission of memorandum.--Not later than seven days
after the date on which the acquisition decision memorandum
is signed by the chair pursuant to paragraph (1)(E), the
chair shall submit to the Secretary, the Committee on
Homeland Security of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of
the Senate a copy of such memorandum.
``(f) Definitions.--In this section:
``(1) Acquisition.--The term `acquisition' has the meaning
given such term in section 131 of title 41, United States
Code.
``(2) Acquisition decision authority.--The term
`acquisition decision authority' means the authority, held by
the Secretary to--
``(A) ensure acquisition programs are in compliance with
Federal law, the Federal Acquisition Regulation, and
Department acquisition management directives;
``(B) review (including approving, pausing, modifying, or
cancelling) an acquisition program through the life-cycle of
such program;
``(C) ensure that acquisition program managers have the
resources necessary to successfully execute an approved
acquisition program;
``(D) ensure appropriate acquisition program management of
cost, schedule, risk, and system performance of the
acquisition program at issue, including assessing acquisition
program baseline breaches and directing any corrective action
for such breaches; and
``(E) ensure that acquisition program managers, on an
ongoing basis, monitor cost, schedule, and performance
against established baselines and use tools to assess risks
to an acquisition program at all phases of the life-cycle of
such program to avoid and mitigate acquisition program
baseline breaches.
``(3) Acquisition decision event.--The term `acquisition
decision event', with respect to an acquisition program,
means a predetermined point within each of the acquisition
phases at which the acquisition decision authority determines
whether such acquisition program shall proceed to the next
acquisition phase.
``(4) Acquisition decision memorandum.--The term
`acquisition decision memorandum' means the official
documented record of decisions, including the rationale for
such decisions and any assigned actions, for the acquisition
at issue, as determined by the person exercising acquisition
decision authority for such acquisition.
[[Page H6389]]
``(5) Acquisition program baseline.--The term `acquisition
program baseline', with respect to an acquisition program,
means a summary of the cost, schedule, and performance
parameters, expressed in standard, measurable, quantitative
terms, which must be satisfied to accomplish the goals of
such program.
``(6) Best practices.--The term `best practices', with
respect to acquisition, means a knowledge-based approach to
capability development that includes--
``(A) identifying and validating needs;
``(B) assessing alternatives to select the most appropriate
solution;
``(C) clearly establishing well-defined requirements;
``(D) developing realistic cost estimates and schedules
that account for the entire life-cycle of such an
acquisition;
``(E) securing stable funding that matches resources to
requirements before initiating such development;
``(F) demonstrating technology, design, and manufacturing
maturity before initiating production of the item that is the
subject of such acquisition;
``(G) using milestones and exit criteria or specific
accomplishments that demonstrate the attainment of knowledge
to support progress;
``(H) regularly assessing and managing risks to achieving
requirements and cost and schedule goals;
``(I) adopting and executing standardized processes with
known success across programs;
``(J) establishing an adequate workforce that is qualified
and sufficient to perform necessary functions; and
``(K) integrating the capabilities described in
subparagraphs (A) through (J).
``(7) Major acquisition program.--The term `major
acquisition program' means--
``(A) a Department capital asset, service, or hybrid
acquisition program that is estimated by the Secretary to
require an eventual total expenditure of at least $300
million (based on fiscal year 2022 constant dollars) over its
life-cycle cost; or
``(B) a program identified by the Under Secretary for
Management as a program of special interest.
``(8) Non-major acquisition program.--The term `non-major
acquisition program' means a Department capital asset,
service, or hybrid acquisition program that is estimated by
the Secretary to require an eventual total expenditure of
less than $300,000,000 (based on fiscal year 2022 constant
dollars) over its life-cycle.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to
section 837 the following new item:
``Sec. 838. Acquisition Review Board.''.
SEC. 59127. DHS CONTRACT REPORTING.
(a) Daily Public Report of Covered Contract Awards.--
(1) In general.--The Secretary shall post, maintain, and
update in accordance with paragraph (2), on a publicly
available website of the Department, a daily report of all
covered contract awards. Each reported covered contract award
shall include information relating to--
(A) the contract number, modification number, or delivery
order number;
(B) the contract type;
(C) the amount obligated for such award;
(D) the total contract value for such award, including all
options;
(E) the description of the purpose for such award;
(F) the number of proposals or bids received;
(G) the name and address of the vendor, and whether such
vendor is considered a small business;
(H) the period and each place of performance for such
award;
(I) whether such award is multiyear;
(J) whether such award requires a small business
subcontracting plan; and
(K) the contracting office and the point of contact for
such office.
(2) Update.--Updates referred to in paragraph (1) shall
occur not later than two business days after the date on
which the covered contract is authorized or modified.
(3) Subscribing to alerts.--The website referred to in
paragraph (1) shall provide the option to subscribe to an
automatic notification of the publication of each report
required under such paragraph.
(4) Effective date.--Paragraph (1) shall take effect on the
date that is 180 days after the date of the enactment of this
section.
(b) Undefinitized Contract Action or Definitized Amount.--
If a covered contract award reported pursuant to subsection
(a) includes an undefinitized contract action, the Secretary
shall--
(1) report the estimated total contract value for such
award and the amount obligated upon award; and
(2) once such award is definitized, update the total
contract value and amount obligated.
(c) Exemption.--Each report required under subsection (a)
shall not include covered contract awards relating to
classified products, programs, or services.
(d) Definitions.--In this section:
(1) Covered contract award.--The term ``covered contract
award''--
(A) means a contract action of the Department with the
total authorized dollar amount of $4,000,000 or greater,
including unexercised options; and
(B) includes--
(i) contract awards governed by the Federal Acquisition
Regulation;
(ii) modifications to a contract award that increase the
total value, expand the scope of work, or extend the period
of performance;
(iii) orders placed on a multiple award or multiple-agency
contract that includes delivery or quantity terms that are
indefinite;
(iv) other transaction authority agreements; and
(v) contract awards made with other than full and open
competition.
(2) Definitized amount.--The term ``definitized amount''
means the final amount of a covered contract award after
agreement between the Department and the contractor at issue.
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(5) Small business.--The term ``small business'' means an
entity that qualifies as a small business concern, as such
term is described under section 3 of the Small Business Act
(15 U.S.C. 632).
(6) Total contract value.--The term ``total contract
value'' means the total amount of funds expected to be
provided to the contractor at issue under the terms of the
contract through the full period of performance.
(7) Undefinitized contract action.--The term
``undefinitized contract action'' means any contract action
for which the contract terms, specifications, or price is not
established prior to the start of the performance of a
covered contract award.
SEC. 59128. UNMANNED AERIAL SECURITY.
(a) Prohibition on Agency Operation or Procurement.--Except
as provided in subsection (b) and subsection (c)(3), the
Secretary of Homeland Security may not operate, provide
financial assistance for, or enter into or renew a contract
for the procurement of--
(1) an unmanned aircraft system (UAS) that--
(A) is manufactured in a covered foreign country or by a
corporation domiciled in a covered foreign country;
(B) uses flight controllers, radios, data transmission
devices, cameras, or gimbals manufactured in a covered
foreign country or by a corporation domiciled in a covered
foreign country;
(C) uses a ground control system or operating software
developed in a covered foreign country or by a corporation
domiciled in a covered foreign country; or
(D) uses network connectivity or data storage located in a
covered foreign country or administered by a corporation
domiciled in a covered foreign country;
(2) a software operating system associated with a UAS that
uses network connectivity or data storage located in a
covered foreign country or administered by a corporation
domiciled in a covered foreign country; or
(3) a system for the detection or identification of a UAS,
which system is manufactured in a covered foreign country or
by a corporation domiciled in a covered foreign country.
(b) Waiver.--
(1) In general.--The Secretary of Homeland Security is
authorized to waive the prohibition under subsection (a) if
the Secretary certifies in writing to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate that a UAS, a software operating system associated
with a UAS, or a system for the detection or identification
of a UAS referred to in any of subparagraphs (A) through (C)
of such subsection that is the subject of such a waiver is
required--
(A) in the national interest of the United States;
(B) for counter-UAS surrogate research, testing,
development, evaluation, or training; or
(C) for intelligence, electronic warfare, or information
warfare operations, testing, analysis, and or training.
(2) Notice.--The certification described in paragraph (1)
shall be submitted to the Committees specified in such
paragraph by not later than the date that is 14 days after
the date on which a waiver is issued under such paragraph.
(c) Effective Dates.--
(1) In general.--This Act shall take effect on the date
that is 120 days after the date of the enactment of this Act.
(2) Waiver process.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Homeland
Security shall establish a process by which the head of an
office or component of the Department of Homeland Security
may request a waiver under subsection (b).
(3) Exception.--Notwithstanding the prohibition under
subsection (a), the head of an office or component of the
Department of Homeland Security may continue to operate a
UAS, a software operating system associated with a UAS, or a
system for the detection or identification of a UAS described
in any of subparagraphs (1) through (3) of such subsection
that was in the inventory of such office or component on the
day before the effective date of this Act until--
(A) such time as the Secretary of Homeland Security has--
(i) granted a waiver relating thereto under subsection (b);
or
(ii) declined to grant such a waiver; or
[[Page H6390]]
(B) one year after the date of the enactment of this Act,
whichever is later.
(d) Drone Origin Security Report to Congress.--Not later
than 180 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a terrorism threat
assessment and report that contains information relating to
the following:
(1) The extent to which the Department of Homeland Security
has previously analyzed the threat that a UAS, a software
operating system associated with a UAS, or a system for the
detection or identification of a UAS from a covered foreign
country operating in the United States poses, and the results
of such analysis.
(2) The number of UAS, software operating systems
associated with a UAS, or systems for the detection or
identification of a UAS from a covered foreign country in
operation by the Department, including an identification of
the component or office of the Department at issue, as of
such date.
(3) The extent to which information gathered by such a UAS,
a software operating system associated with a UAS, or a
system for the detection or identification of a UAS from a
covered foreign country could be employed to harm the
national or economic security of the United States.
(e) Definitions.--In this section:
(1) Covered foreign country.--The term ``covered foreign
country'' means a country that--
(A) the intelligence community has identified as a foreign
adversary in its most recent Annual Threat Assessment; or
(B) the Secretary of Homeland Security, in coordination
with the Director of National Intelligence, has identified as
a foreign adversary that is not included in such Annual
Threat Assessment.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)).
(3) Unmanned aircraft system; uas.--The terms ``unmanned
aircraft system'' and ``UAS'' have the meaning given the term
``unmanned aircraft system'' in section 44801 of title 49,
United States Code.
Subtitle C--Enhancing DHS Operations
SEC. 59131. QUADRENNIAL HOMELAND SECURITY REVIEW TECHNICAL
CORRECTIONS.
(a) In General.--Section 707 of the Homeland Security Act
of 2002 (6 U.S.C. 347) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (B), by striking ``and'' after the
semicolon at the end;
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following new
subparagraph:
``(C) representatives from appropriate advisory committees
established pursuant to section 871, including the Homeland
Security Advisory Council and the Homeland Security Science
and Technology Advisory Committee, or otherwise established,
including the Aviation Security Advisory Committee
established pursuant to section 44946 of title 49, United
States Code; and'';
(2) in subsection (b)--
(A) in paragraph (2), by inserting before the semicolon at
the end the following: ``based on the risk assessment
required pursuant to subsection (c)(2)(B)'';
(B) in paragraph (3)--
(i) by inserting ``, to the extent practicable,'' after
``describe''; and
(ii) by striking ``budget plan'' and inserting ``resources
required'';
(C) in paragraph (4)--
(i) by inserting ``, to the extent practicable,'' after
``identify'';
(ii) by striking ``budget plan required to provide
sufficient resources to successfully'' and inserting
``resources required to''; and
(iii) by striking the semicolon at the end and inserting
the following: ``, including any resources identified from
redundant, wasteful, or unnecessary capabilities or
capacities that may be redirected to better support other
existing capabilities or capacities, as the case may be;
and'';
(D) in paragraph (5), by striking ``; and'' and inserting a
period; and
(E) by striking paragraph (6);
(3) in subsection (c)--
(A) in paragraph (1), by striking ``December 31 of the
year'' and inserting ``60 days after the date of the
submission of the President's budget for the fiscal year
after the fiscal year'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking ``description of the
threats to'' and inserting ``risk assessment of'';
(ii) in subparagraph (C), by inserting ``, as required
under subsection (b)(2)'' before the semicolon at the end;
(iii) in subparagraph (D)--
(I) by inserting ``to the extent practicable,'' before ``a
description''; and
(II) by striking ``budget plan'' and inserting ``resources
required'';
(iv) in subparagraph (F)--
(I) by inserting ``to the extent practicable,'' before ``a
discussion''; and
(II) by striking ``the status of'';
(v) in subparagraph (G)--
(I) by inserting ``to the extent practicable,'' before ``a
discussion'';
(II) by striking ``the status of'';
(III) by inserting ``and risks'' before ``to national
homeland''; and
(IV) by inserting ``and'' after the semicolon at the end;
(vi) by striking subparagraph (H); and
(vii) by redesignating subparagraph (I) as subparagraph
(H);
(C) by redesignating paragraph (3) as paragraph (4); and
(D) by inserting after paragraph (2) the following new
paragraph:
``(3) Documentation.--The Secretary shall retain and, upon
request, provide to Congress the following documentation
regarding each quadrennial homeland security review:
``(A) Records regarding the consultation carried out
pursuant to subsection (a)(3), including the following:
``(i) All written communications, including communications
sent out by the Secretary and feedback submitted to the
Secretary through technology, online communications tools,
in-person discussions, and the interagency process.
``(ii) Information on how feedback received by the
Secretary informed each such quadrennial homeland security
review.
``(B) Information regarding the risk assessment required
pursuant to subsection (c)(2)(B), including the following:
``(i) The risk model utilized to generate such risk
assessment.
``(ii) Information, including data used in the risk model,
utilized to generate such risk assessment.
``(iii) Sources of information, including other risk
assessments, utilized to generate such risk assessment.
``(iv) Information on assumptions, weighing factors, and
subjective judgments utilized to generate such risk
assessment, together with information on the rationale or
basis thereof.'';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following new
subsection:
``(d) Review.--Not later than 90 days after the submission
of each report required under subsection (c)(1), the
Secretary shall provide to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate information
on the degree to which the findings and recommendations
developed in the quadrennial homeland security review that is
the subject of such report were integrated into the
acquisition strategy and expenditure plans for the
Department.''.
(b) Effective Date.--The amendments made by this Act shall
apply with respect to a quadrennial homeland security review
conducted after December 31, 2021.
SEC. 59132. BOMBING PREVENTION.
(a) Office for Bombing Prevention.--
(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 new subtitle:
``Subtitle E--Bombing Prevention
``SEC. 2251. OFFICE FOR BOMBING PREVENTION.
``(a) Establishment.--There is established within the
Department an Office for Bombing Prevention (in this section
referred to as the `Office').
``(b) Activities.--The Office shall have the primary
responsibility within the Department for enhancing the
ability and coordinating the efforts of the United States to
deter, detect, prevent, protect against, mitigate, and
respond to terrorist explosive threats and attacks in the
United States, including by carrying out the following:
``(1) Advising the Secretary on matters related to
terrorist explosive threats and attacks in the United States.
``(2) Coordinating the efforts of the Department to counter
terrorist explosive threats and attacks in the United States,
including by carrying out the following:
``(A) Developing, in coordination with the Under Secretary
for Strategy, Policy, and Plans, the Department's strategy
against terrorist explosives threats and attacks, including
efforts to support the security and preparedness of critical
infrastructure and the public sector and private sector.
``(B) Leading the prioritization of the Department's
efforts against terrorist explosive threats and attacks,
including preparedness and operational requirements.
``(C) Ensuring, in coordination with the Under Secretary
for Science and Technology and the Administrator of the
Federal Emergency Management Agency, the identification,
evaluation, and availability of effective technology
applications through field pilot testing and acquisition of
such technology applications by the public sector to deter,
detect, prevent, protect against, mitigate, and respond to
terrorist explosive threats and attacks in the United States.
``(D) Providing advice and recommendations to the
Administrator of the Federal Emergency Management Agency
regarding the effective use of grants authorized under
section 2002.
``(E) In coordination with the Assistant Secretary for
Countering Weapons of Mass Destruction, aligning Department
efforts related to terrorist explosive threats and attacks in
the United States and weapons of mass destruction.
``(3) Engaging other Federal departments and agencies,
including Sector Risk Management Agencies, regarding
terrorist explosive threats and attacks in the United States.
``(4) Facilitating information sharing and decision support
of the public and private sector involved in deterrence,
detection, prevention, protection against, mitigation of,
[[Page H6391]]
and response to terrorist explosive threats and attacks in
the United States. Such sharing and support may include the
following:
``(A) Operating and maintaining a secure information
sharing system that allows the sharing of critical
information and data relating to terrorist explosive attack
tactics, techniques, procedures, and security capabilities,
including information and data described in paragraph (6) and
section 2242.
``(B) Working with international partners, in coordination
with the Office for International Affairs of the Department,
to develop and share effective practices to deter, prevent,
detect, protect against, mitigate, and respond to terrorist
explosive threats and attacks in the United States.
``(5) Promoting security awareness among the public and
private sector and the general public regarding the risks
posed by the misuse of explosive precursor chemicals and
other bomb-making materials.
``(6) Providing training, guidance, assessments, and
planning assistance to the public and private sector, as
appropriate, to help counter the risk of terrorist explosive
threats and attacks in the United States.
``(7) Conducting analysis and planning for the capabilities
and requirements necessary for the public and private sector,
as appropriate, to deter, detect, prevent, protect against,
mitigate, and respond to terrorist explosive threats and
attacks in the United States by carrying out the following:
``(A) Maintaining a database on capabilities and
requirements, including capabilities and requirements of
public safety bomb squads, explosive detection canine teams,
special tactics teams, public safety dive teams, and
recipients of services described in section 2242.
``(B) Applying the analysis derived from the database
described in subparagraph (A) with respect to the following:
``(i) Evaluating progress toward closing identified gaps
relating to national strategic goals and standards related to
deterring, detecting, preventing, protecting against,
mitigating, and responding to terrorist explosive threats and
attacks in the United States.
``(ii) Informing decisions relating to homeland security
policy, assistance, training, research, development efforts,
testing and evaluation, and related requirements regarding
deterring, detecting, preventing, protecting against,
mitigating, and responding to terrorist explosive threats and
attacks in the United States.
``(8) Promoting secure information sharing of sensitive
material and promoting security awareness, including by
carrying out the following:
``(A) Operating and maintaining a secure information
sharing system that allows the sharing among and between the
public and private sector of critical information relating to
explosive attack tactics, techniques, and procedures.
``(B) Educating the public and private sectors about
explosive precursor chemicals.
``(C) Working with international partners, in coordination
with the Office for International Affairs of the Department,
to develop and share effective practices to deter, detect,
prevent, protect against, mitigate, and respond to terrorist
explosive threats and attacks in the United States.
``(D) Executing national public awareness and vigilance
campaigns relating to terrorist explosive threats and attacks
in the United States, preventing explosive attacks, and
activities and measures underway to safeguard the United
States.
``(E) Working with relevant stakeholder organizations.
``(9) Providing any other assistance the Secretary
determines necessary.
``SEC. 2252. COUNTERING EXPLOSIVE DEVICES TECHNICAL
ASSISTANCE.
``(a) Establishment.--Upon request, the Secretary shall, to
the extent practicable, provide to the public and private
sector technical assistance services to support the security
and preparedness of such sectors, as appropriate, to counter
terrorist explosive threats and attacks that pose a risk in
certain jurisdictions, including vulnerable and disadvantaged
communities, to critical infrastructure facilities, or to
special events, as appropriate.
``(b) Elements.--Technical assistance services provided
pursuant to subsection (a) shall--
``(1) support the planning and implementation of effective
measures to deter, detect, prevent, protect against,
mitigate, and respond to terrorist explosive threats and
attacks in the United States, including effective strategic
risk management and emergency operations plans;
``(2) support the security of explosive precursor chemicals
and other bomb-making materials outside of regulatory
control;
``(3) support efforts to prepare for and respond to bomb
threats or other acts involving the malicious conveyance of
false information concerning terrorist explosive threats and
attacks in the United States;
``(4) make available resources to enhance deterrence,
prevention, detection, protection, mitigation, and response
capabilities for terrorist explosive threats and attacks in
the United States, including coordination and communication,
to better integrate State, local, Tribal, and territorial and
private sector capabilities and assets, as appropriate, with
Federal operations;
``(5) make available augmenting resources, as appropriate,
to enable State, local, Tribal, and territorial governments
to sustain and refresh their capabilities;
``(6) track performance in meeting the goals and associated
plans of the provision of such technical assistance; and
``(7) include any other assistance the Secretary determines
necessary.
``SEC. 2253. RELATIONSHIP TO OTHER DEPARTMENT COMPONENTS AND
FEDERAL AGENCIES.
``(a) In General.--The authority of the Secretary under
this subtitle shall not affect or diminish the authority or
the responsibility of any officer of any other Federal agency
with respect to the command, control, or direction of the
functions, personnel, funds, assets, or liabilities of any
other such Federal agency.
``(b) Department Components.--Nothing in this subtitle or
any other provision of law may be construed to affect or
reduce the responsibilities of--
``(1) the Countering Weapons of Mass Destruction Office or
the Assistant Secretary of the Office, including with respect
to any asset, function, or mission of the Office or the
Assistant Secretary, as the case may be;
``(2) the Federal Emergency Management Agency or the
Administrator of the Agency, including the diversion of any
asset, function, or mission of the Agency or the
Administrator as the case may be; or
``(3) the Transportation Security Administration or the
Administrator of the Administration, including the diversion
of any asset, function, or mission of the Administration or
the Administrator, as the case may be.''.
(2) Strategy and reports.--
(A) Strategy.--Not later than one year after the date of
the enactment of this section, the head of the Office for
Bombing Prevention of the Department of Homeland Security
(established pursuant to section 2241 of the Homeland
Security Act of 2002, as added by paragraph (1)), in
consultation with the heads of other components of the
Department and the heads of other Federal agencies, as
appropriate, shall develop a strategy to align the Office's
activities with the threat environment and stakeholder needs,
and make the public and private sector aware of the Office's
capabilities. Such strategy shall include the following
elements:
(i) Information on terrorist explosive threats, tactics,
and attacks in the United States.
(ii) Information, by region of the United States, regarding
public and private sector entities likely to be targeted by
terrorist explosive threats and attacks in the United States,
including historically black colleges and universities and
minority serving institutions, places of worship, health care
facilities, transportation systems, commercial facilities,
and government facilities.
(iii) Guidance on how outreach to owners and operators of
critical infrastructure (as such term is defined in section
1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e))) in a
region should be prioritized.
(iv) A catalogue of the services and training currently
offered by the Office, and a description of how such services
and trainings assist the public and private sector to deter,
detect, prevent, protect against, mitigate, and respond to
terrorist explosive threats and attacks in the United States.
(v) Long-term objectives of the Office, including future
service and training offerings.
(vi) Metrics for measuring the effectiveness of services
and trainings offered by the Office.
(vii) An assessment of resource requirements necessary to
implement such strategy.
(viii) A description of how the Office partners with other
components of the Department and other Federal agencies to
carry out its mission.
(B) Reports.--Not later than one year after the date of the
enactment of this section and annually thereafter, the
Secretary of Homeland Security shall submit to the Committee
on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report describing the activities of the Office
for Bombing Prevention of the Department of Homeland Security
(established pursuant to section 2241 of the Homeland
Security Act of 2002, as added by paragraph (1)). Each such
report shall include information on the following:
(i) Changes to terrorist explosive threats, tactics, and
attacks in the United States.
(ii) Changes to the types of public and private sector
entities likely to be targeted by terrorist explosive threats
and attacks in the United States.
(iii) The number of trainings, assessments, and other
engagements carried out by the Office within each region of
the United States, including a description of the critical
infrastructure sector or stakeholder served.
(iv) The number of trainings, assessments, or other
engagements the Office was asked to conduct but did not, and
an explanation relating thereto.
(v) The effectiveness of the trainings, assessments, or
other engagements provided by the Office based on the metrics
described in subparagraph (A)(vi).
(vi) Any changes or anticipated changes in the trainings,
assessments, and other engagements, or any other services,
offered by the Office, and an explanation relating thereto.
(3) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 2246 the
following new items:
``Subtitle E--Bombing Prevention
``Sec. 2251. Office for Bombing Prevention.
[[Page H6392]]
``Sec. 2252. Countering explosive devices technical assistance.
``Sec. 2253. Relationship to other Department components and Federal
agencies.''.
(b) Explosives Technology Development.--
(1) In general.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.) is further amended by adding at
the end the following new section:
``SEC. 324. EXPLOSIVES RESEARCH AND DEVELOPMENT.
``(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, and in coordination
with the head of the Office for Bombing Prevention and the
Assistant Secretary for the Countering Weapons of Mass
Destruction Office, and in consultation with the Attorney
General, the Secretary of Defense, and the head of any other
relevant Federal department or agency, including Sector Risk
Management Agencies, shall ensure coordination and
information sharing regarding nonmilitary research,
development, testing, and evaluation activities of the
Federal Government relating to the deterrence, detection,
prevention, protection against, mitigation of, and response
to terrorist explosive threats and attacks in the United
States.
``(b) Leveraging Military Research.--The Secretary, acting
through the Under Secretary for Science and Technology, and
in coordination with the head of the Office for Bombing
Prevention and the Assistant Secretary for the Countering of
Weapons of Mass Destruction Office, shall consult with the
Secretary of Defense and the head of any other relevant
Federal department or agency, including Sector Risk
Management Agencies, to ensure that, to the maximum extent
possible, military policies and procedures, and research,
development, testing, and evaluation activities relating to
the deterrence, detection, prevention, protection against,
mitigation of, and response to terrorist explosive threats
and attacks in the United States are adapted to nonmilitary
uses.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 323 the
following new item:
``Sec. 324. Explosives research and development.''.
SEC. 59133. DHS BASIC TRAINING ACCREDITATION IMPROVEMENT.
(a) Reporting on Basic Training Programs of the Department
of Homeland Security.--
(1) Annual reporting.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act and annually thereafter, the
Secretary of Homeland Security shall report to the relevant
congressional committees on the accreditation status for each
basic training program within the Department of Homeland
Security, including information relating to the following:
(i) The date on which each such program achieved initial
accreditation, or in the case of a program that is not
currently accredited, the reasons for not obtaining or
maintaining accreditation, the activities, if any, taken to
achieve accreditation, and an anticipated timeline for
accreditation of such program.
(ii) The date each such program most recently received
accreditation or reaccreditation, if applicable.
(iii) Each such program's anticipated accreditation or next
reaccreditation date.
(iv) The name of the accreditation manager for each such
program.
(B) Termination of reporting requirement.--Annual reports
under subparagraph (A) shall terminate when all basic
training programs of the Department of Homeland Security are
accredited.
(2) Lapse in accreditation.--
(A) In general.--If a basic training program of the
Department of Homeland Security loses accreditation, the head
of the relevant component of the Department shall notify the
Secretary of Homeland Security not later than 30 days after
such loss.
(B) Notice to congress.--Not later than 30 days after
receiving a notification pursuant to subparagraph (A), the
Secretary of Homeland Security shall notify the relevant
congressional committees of the lapse in accreditation at
issue, the reason for such lapse, and the activities underway
and planned to regain accreditation.
(3) Definitions.--In this section:
(A) Accreditation.--The term ``accreditation'' means the
recognition by a board that a basic training program is
administered, developed, and delivered according to an
applicable set of standards.
(B) Accreditation manager.--The term ``accreditation
manager'' means the individual assigned by the component of
the Department of Homeland Security to manage accreditation
activities for a basic training program.
(C) Basic training program.--The term ``basic training
program'' means an entry level program of the Department of
Homeland Security that is transitional to law enforcement
service, provides training on critical competencies and
responsibilities, and is typically a requirement for
appointment to a law enforcement service job or job series.
(D) Reaccreditation.--The term ``reaccreditation'' means
the assessment of a basic training program after initial
accreditation to ensure the continued compliance with an
applicable set of standards.
(E) Relevant congressional committees.--The term ``relevant
congressional committees'' means the Committee on Homeland
Security and the Committee on the Judiciary of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee of the Judiciary of
the Senate.
(b) Research and Development.--The Under Secretary for
Science and Technology of the Department of Homeland Security
shall carry out research and development of systems and
technologies to enhance access to training offered by the
Federal Law Enforcement Training Centers to State, local,
Tribal, and territorial law enforcement, with particular
attention to law enforcement in rural and remote communities,
for the purpose of enhancing domestic preparedness for and
collective response to terrorism and other homeland security
threats.
SEC. 59134. DEPARTMENT OF HOMELAND SECURITY INSPECTOR GENERAL
TRANSPARENCY.
(a) In General.--Subtitle B of title VIII of the Homeland
Security Act of 2002 is amended by inserting before section
812 the following new section:
``SEC. 811. OFFICE OF INSPECTOR GENERAL.
``(a) Publication of Reports.--
``(1) In general.--Beginning not later than 30 days after
the date of the enactment of this section, the Inspector
General of the Department shall submit to the appropriate
congressional committees any report finalized on and after
such date that substantiates--
``(A) a violation of paragraph (8) or (9) of section
2302(b) of title 5, United States Code, section 1034 of title
10, United States Code, or Presidential Personnel Directive-
19; or
``(B) an allegation of misconduct, waste, fraud, abuse, or
violation of policy within the Department involving a member
of the Senior Executive Service or politically appointed
official of the Department.
``(2) Public availability.--
``(A) In general.--Concurrent with the submission to the
appropriate congressional committees of reports pursuant to
paragraph (1), the Inspector General shall, consistent with
privacy, civil rights, and civil liberties protections,
publish on a publicly available website of the Inspector
General each such report.
``(B) Exception.--The requirement pursuant to subparagraph
(A) to publish reports does not apply if section (5)(e)(1) of
the Inspector General Act of 1978 applies to any such report.
``(3) Requirement.--
``(A) In general.--The Inspector General of the Department
may not redact any portion of a report submitted pursuant to
paragraph (1).
``(B) Exception.--The requirement under subparagraph (A)
shall not apply with respect to the name or any other
identifying information, including any contextual details not
relevant to the audit, inspection, or evaluation at issue
that may be used by other employees or officers of the
Department to determine the identity of a whistleblower
complainant, of a whistleblower complainant who does not
consent to the inclusion of such in a report of the Inspector
General.
``(b) Semiannual Reporting.--Beginning with the first
semiannual report transmitted to the appropriate committees
or subcommittees of the Congress pursuant to section 5(b) of
the Inspector General Act of 1978 that is transmitted after
the date of the enactment of this section, each such report
shall be accompanied by a list of ongoing audits,
inspections, and evaluations of the Department, together with
a narrative description relating to each such audit,
inspection, or evaluation that identifies the scope of such
audit, inspection, or evaluation, as the case may be, as well
as the subject office, component, or directorate of the
Department. For each such ongoing audit, inspection, or
evaluation such narrative description shall include the
following:
``(1) Information relating to the source of each such
audit, inspection, or evaluation.
``(2) Information regarding whether each such audit,
inspection, or evaluation is being conducted independently,
jointly, concurrently, or in some other manner.
``(3) In the event each such audit, inspection, or
evaluation was initiated due to a referral, the date on which
the Inspector General notified the originator of a referral
of the Inspector General's intention to carry out such audit,
inspection, or evaluation.
``(4) Information relating to the dates on which--
``(A) each such audit, inspection, or evaluation was
initiated;
``(B) a draft report relating to each such audit,
inspection, or evaluation is scheduled to be submitted to the
Secretary for review; and
``(C) a final report relating to each such audit,
inspection, or evaluation is scheduled to be submitted to the
appropriate congressional committees and published on the
website of the Inspector General in accordance with
paragraphs (1) and (2), respectively, of subsection (a).
``(5) An explanation for--
``(A) any significant changes to the narrative description
of each such audit, inspection, or evaluation, including the
identification of the subject office, component, or
directorate of the Department; or
``(B) a delay of more than 30 days in the scheduled date
for submitting to the Secretary a draft report for review or
publishing
[[Page H6393]]
on the website of the Inspector General of the Department the
final report relating to each such audit, inspection, or
evaluation.
``(6) Data regarding tips and complaints made to the
Inspector General Hotline of the Department or otherwise
referred to the Department, including--
``(A) the number and type of tips and complaints regarding
fraud, waste, abuse, corruption, financial crimes, civil
rights and civil liberty abuse, or other complaints regarding
criminal or non-criminal activity associated with fraud,
waste, or abuse;
``(B) actions taken by the Department to address or resolve
each substantiated tip or complaint;
``(C) the total amount of time it took the Department to so
address or resolve each such substantiated tip or complaint;
``(D) the total number of tips and complaints that are
substantiated compared with the number of tips and complaints
that are unsubstantiated; and
``(E) the percentage of audits, inspections, and
evaluations that are initiated as a result of tips and
complaints made to the Inspector General Hotline.
``(c) Notification to Congress.--The Inspector General of
the Department shall notify the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate if
the head of an office or component of the Department does not
provide in a timely manner to the Inspector General
information or assistance that is requested by the Inspector
General to conduct an audit, inspection, or evaluation.
``(d) Definition.--In this section, the term `appropriate
congressional committees' means the Committee on Homeland
Security of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, and
any committee of the House of Representatives or the Senate,
respectively, having legislative or oversight jurisdiction
under the Rules of the House of Representatives or the
Senate, respectively, over the matter concerned.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
amending the item relating to section 811 to read as follows:
``Sec. 811. Office of Inspector General.''.
(c) Reports.--
(1) Inspector general of dhs.--Not later than one year
after the date of the enactment of this Act, the Inspector
General of the Department of Homeland Security shall submit
to the Committee on Homeland Security of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Comptroller
General of the United States a report on the policies,
procedures, and internal controls established that ensure
compliance with the Quality Standards for Federal Offices of
Inspector General from the Council of Inspectors General on
Integrity and Efficiency.
(2) Comptroller general.--Not later than one year after
receipt of the report required under paragraph (1), the
Comptroller General of the United States shall submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate an evaluation of such
report.
SEC. 59135. PRESIDENT'S CUP CYBERSECURITY COMPETITION.
(a) In General.--The Director of the Cybersecurity and
Infrastructure Security Agency (in this section referred to
as the ``Director'') of the Department of Homeland Security
is authorized to hold an annual cybersecurity competition to
be known as the ``Department of Homeland Security
Cybersecurity and Infrastructure Security Agency's
President's Cup Cybersecurity Competition'' (in this section
referred to as the ``competition'') for the purpose of
identifying, challenging, and competitively awarding prizes,
including cash prizes, to the United States Government's best
cybersecurity practitioners and teams across offensive and
defensive cybersecurity disciplines.
(b) Competition Design.--
(1) In general.--Notwithstanding section 1342 of title 31,
United States Code, the Director, in carrying out the
competition, may consult with, and consider advice from, any
person who has experience or expertise in the development,
design, or execution of cybersecurity competitions.
(2) Limitation.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to consultations pursuant to
this section.
(3) Prohibition.--A person with whom the Director consults
under paragraph (1) may not--
(A) receive pay by reason of being so consulted; or
(B) be considered an employee of the Federal Government by
reason of so consulting.
(c) Eligibility.--To be eligible to participate in the
competition, an individual shall be a Federal civilian
employee or member of the uniformed services (as such term is
defined in section 2101(3) of title 5, United States Code)
and shall comply with any rules promulgated by the Director
regarding the competition.
(d) Competition Administration.--The Director may enter
into a grant, contract, cooperative agreement, or other
agreement with a private sector for-profit or nonprofit
entity or State or local government agency to administer the
competition.
(e) Competition Parameters.--Each competition shall
incorporate the following elements:
(1) Cybersecurity skills outlined in the National
Initiative for Cybersecurity Education Framework, or any
successor framework.
(2) Individual and team events.
(3) Categories demonstrating offensive and defensive cyber
operations, such as software reverse engineering and
exploitation, network operations, forensics, big data
analysis, cyber analysis, cyber defense, cyber exploitation,
secure programming, obfuscated coding, or cyber-physical
systems.
(4) Any other elements related to paragraphs (1), (2), or
(3) as determined necessary by the Director.
(f) Use of Funds.--
(1) In general.--Notwithstanding any other provision of
law, the Director may use amounts made available to the
Director for the competition for the following:
(A) Advertising, marketing, and promoting the competition.
(B) Meals for participants and organizers of the
competition if attendance at the meal during the competition
is necessary to maintain the integrity of the competition.
(C) Promotional items, including merchandise and apparel.
(D) Monetary and nonmonetary awards for competition
participants, including members of the uniformed services.
(E) Necessary expenses for the honorary recognition of
competition participants, including members of the uniformed
services.
(F) Any other appropriate activity necessary to carry out
the competition, as determined by the Director.
(2) Application.--This subsection shall apply to amounts
appropriated on or after the date of the enactment of this
Act.
(g) Prize Limitation.--The Director may make one or more
awards per competition, except that the amount or value of
each shall not exceed $10,000. The Secretary of Homeland
Security may make one or more awards per competition, except
the amount or the value of each shall not to exceed $25,000.
A monetary award under this section shall be in addition to
the regular pay of the recipient.
(h) Reporting Requirements.--The Director shall annually
provide to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report that includes the
following:
(1) A description of available funds under subsection (f)
for each competition conducted in the preceding year.
(2) A description of expenditures authorized in subsection
(g) for each competition.
(3) Information relating to the participation of each
competition.
(4) Information relating to lessons learned from each
competition and how such lessons may be applied to improve
cybersecurity operations and recruitment of the Cybersecurity
and Infrastructure Security Agency of the Department of
Homeland Security.
SEC. 59136. INDUSTRIAL CONTROL SYSTEMS CYBERSECURITY
TRAINING.
(a) In General.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by
adding at the end the following new section:
``SEC. 2220E. INDUSTRIAL CONTROL SYSTEMS CYBERSECURITY
TRAINING INITIATIVE.
``(a) Establishment.--
``(1) In general.--The Industrial Control Systems
Cybersecurity Training Initiative (in this section referred
to as the `Initiative') is established within the Agency.
``(2) Purpose.--The purpose of the Initiative is to develop
and strengthen the skills of the cybersecurity workforce
related to securing industrial control systems.
``(b) Requirements.--In carrying out the Initiative, the
Director shall--
``(1) ensure the Initiative includes--
``(A) virtual and in-person trainings and courses provided
at no cost to participants;
``(B) trainings and courses available at different skill
levels, including introductory level courses;
``(C) trainings and courses that cover cyber defense
strategies for industrial control systems, including an
understanding of the unique cyber threats facing industrial
control systems and the mitigation of security
vulnerabilities in industrial control systems technology; and
``(D) appropriate consideration regarding the availability
of trainings and courses in different regions of the United
States; and
``(2) engage in--
``(A) collaboration with the National Laboratories of the
Department of Energy in accordance with section 309;
``(B) consultation with Sector Risk Management Agencies;
and
``(C) as appropriate, consultation with private sector
entities with relevant expertise, such as vendors of
industrial control systems technologies.
``(c) Reports.--
``(1) In general.--Not later than one year after the date
of the enactment of this section and annually thereafter, the
Director shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on
the Initiative.
``(2) Contents.--Each report under paragraph (1) shall
include the following:
``(A) A description of the courses provided under the
Initiative.
[[Page H6394]]
``(B) A description of outreach efforts to raise awareness
of the availability of such courses.
``(C) Information on the number and demographics of
participants in such courses, including by gender, race, and
place of residence.
``(D) Information on the participation in such courses of
workers from each critical infrastructure sector.
``(E) Plans for expanding access to industrial control
systems education and training, including expanding access to
women and underrepresented populations, and expanding access
to different regions of the United States.
``(F) Recommendations on how to strengthen the state of
industrial control systems cybersecurity education and
training.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 2220D the
following new item:
``Sec. 2220E. Industrial Control Systems Cybersecurity Training
Initiative.''.
SEC. 59137. TSA REACHING ACROSS NATIONALITIES, SOCIETIES, AND
LANGUAGES TO ADVANCE TRAVELER EDUCATION.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of the
Transportation Security Administration (TSA) shall submit to
the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a plan to ensure that TSA
material disseminated in major airports can be better
understood by more people accessing such airports.
(b) Contents.--The plan required under subsection (a) shall
include the following:
(1) An identification of the most common languages other
than English that are the primary languages of individuals
that travel through or work in each major airport.
(2) A plan to improve--
(A) TSA materials to communicate information in languages
identified pursuant to paragraph (1); and
(B) the communication of TSA material to individuals with
vision or hearing impairments or other possible barriers to
understanding such material.
(c) Considerations.--In developing the plan required under
subsection (a), the Administrator of the TSA, acting through
the Office of Civil Rights and Liberties, Ombudsman, and
Traveler Engagement of the TSA, shall take into consideration
data regarding the following:
(1) International enplanements.
(2) Local populations surrounding major airports.
(3) Languages spoken by members of Indian Tribes within
each service area population in which a major airport is
located.
(d) Implementation.--Not later than 180 days after the
submission of the plan required under subsection (a), the
Administrator of the TSA, in consultation with the owner or
operator of each major airport, shall implement such plan.
(e) GAO Review.--Not later than one year after the
implementation pursuant to subsection (d) of the plan
required under subsection (a), the Comptroller General of the
United States shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a review
of such implementation.
(f) Definitions.--In this section:
(1) Airport.--The term ``airport'' has the meaning given
such term in section 40102 of title 49, United States Code.
(2) Indian tribe.--The term ``Indian Tribe'' means an
Indian Tribe, as such term is defined in section 102 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5130), individually identified (including parenthetically) in
the list published most recently as of the date of the
enactment of this Act pursuant to section 104 of that Act (25
U.S.C. 5131).
(3) Major airports.--The term ``major airports'' means
Category X and Category I airports.
(4) Non-traveling individual.--The term ``non-traveling
individual'' has the meaning given such term in section
1560.3 of title 49, Code of Federal Regulations.
(5) TSA material.--The term ``TSA material'' means signs,
videos, audio messages, websites, press releases, social
media postings, and other communications published and
disseminated by the Administrator of the TSA in Category X
and Category I airports for use by both traveling and non-
traveling individuals.
SEC. 59138. BEST PRACTICES RELATED TO CERTAIN INFORMATION
COLLECTED BY RENTAL COMPANIES AND DEALERS
(DARREN DRAKE).
(a) Development and Dissemination.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Homeland Security
shall develop and disseminate best practices for rental
companies and dealers to report suspicious behavior to law
enforcement agencies at the point of sale of a covered rental
vehicle.
(2) Consultation; updates.--The Secretary shall develop
and, as necessary, update the best practices described in
paragraph (1) after consultation with Federal, State, local,
and Tribal law enforcement agencies and relevant
transportation security stakeholders.
(3) Guidance on suspicious behavior.--The Secretary shall
include, in the best practices developed under paragraph (1),
guidance on defining and identifying suspicious behavior in a
manner that protects civil rights and civil liberties.
(b) Report to Congress.--Not later than one year after the
date of the enactment of this Act, the Secretary of Homeland
Security shall submit to Congress a report on the
implementation of this section, including an assessment of--
(1) the impact of the best practices described in
subsection (a) on efforts to protect the United States
against terrorist attacks; and
(2) ways to improve and expand cooperation and engagement
between--
(A) the Department of Homeland Security;
(B) Federal, State, local, and Tribal law enforcement
agencies; and
(C) rental companies, dealers, and other relevant rental
industry stakeholders.
(c) Definitions.--In this section:
(1) The terms ``dealer'' and ``rental company'' have the
meanings given those terms in section 30102 of title 49,
United States Code.
(2) The term ``covered rental vehicle'' means a motor
vehicle that--
(A) is rented without a driver for an initial term of less
than 4 months; and
(B) is part of a motor vehicle fleet of 35 or more motor
vehicles that are used for rental purposes by a rental
company.
SEC. 59139. ONE-STOP PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security of the House of
Representatives; and
(B) the Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science, and
Transportation of the Senate.
(3) TSA.--The term ``TSA'' means the Transportation
Security Administration of the Department of Homeland
Security.
(b) Establishment.--Notwithstanding 44901(a) of title 49,
United States Code, the Administrator, in coordination with
the Commissioner of U.S. Customs and Border Protection, may
establish a pilot program at not more than six foreign last
point of departure airports to permit passengers and their
accessible property arriving on direct flights or flight
segments originating at such participating foreign airports
to continue on additional flights or flight segments
originating in the United States without additional security
re-screening if--
(1) the initial screening was conducted in accordance with
an aviation security screening agreement described in
subsection (e);
(2) passengers arriving from participating foreign airports
are unable to access their checked baggage until the arrival
at their final destination; and
(3) upon arrival in the United States, passengers arriving
from participating foreign airports do not come into contact
with other arriving international passengers, those
passengers' property, or other persons who have not been
screened or subjected to other appropriate security controls
required for entry into the airport's sterile area.
(c) Requirements for Pilot Program.--In carrying out this
section, the Administrator shall ensure that there is no
reduction in the level of security or specific TSA aviation
security standards or requirements for screening passengers
and their property prior to boarding an international flight
bound for the United States, including specific aviation
security standards and requirements regarding--
(1) high risk passengers and their property;
(2) weapons, explosives, and incendiaries;
(3) screening passengers and property transferring at a
foreign last point of departure airport from another airport
and bound for the United States, and addressing any
commingling of such passengers and property with passengers
and property screened under the pilot program described in
subsection (b); and
(4) insider risk at foreign last point of departure
airports.
(d) Re-screening of Checked Baggage.--Subject to subsection
(f), the Administrator may determine whether checked baggage
arriving from participating foreign airports referenced in
subsection (b) that screen using an explosives detection
system must be re-screened in the United States by an
explosives detection system before such baggage continues on
any additional flight or flight segment.
(e) Aviation Security Screening Agreement.--An aviation
security screening agreement described in this subsection is
a treaty, executive agreement, or other international
arrangement that--
(1)(A) in the case of a treaty or executive agreement, is
signed by the President; and
(B) in the case of an international agreement, is signed by
only the President, Secretary of Homeland Security, or
Administrator, without delegating such authority; and
(2) is entered into with a foreign country that delineates
and implements security standards and protocols utilized at a
foreign last point of departure airport that are determined
by the Administrator--
(A) to be comparable to those of the United States; and
[[Page H6395]]
(B) sufficiently effective to enable passengers and their
accessible property to deplane into sterile areas of airports
in the United States without the need for re-screening.
(f) Re-screening Requirement.--
(1) In general.--If the Administrator determines that a
foreign country participating in the aviation security
screening agreement has not maintained and implemented
security standards and protocols comparable to those of the
United States at foreign last point of departure airports at
which a pilot program has been established in accordance with
this section, the Administrator shall ensure that passengers
and their property arriving from such airports are re-
screened in the United States, including by using explosives
detection systems in accordance with section 44901(d)(1) of
title 49, United States Code, and implementing regulations
and directives, before such passengers and their property are
permitted into sterile areas of airports in the United
States.
(2) Consultation.--If the Administrator has reasonable
grounds to believe that the other party to an aviation
security screening agreement has not complied with such
agreement, the Administrator shall request immediate
consultation with such party.
(3) Suspension or termination of agreement.--If a
satisfactory resolution between TSA and a foreign country is
not reached within 45 days after a consultation request under
paragraph (2) or in the case of the foreign country's
continued or egregious failure to maintain the security
standards and protocols described in paragraph (1), the
President, Secretary of Homeland Security, or Administrator,
as appropriate, shall suspend or terminate the aviation
security screening agreement with such country, as determined
appropriate by the President, Secretary of Homeland Security,
or Administrator. The Administrator shall notify the
appropriate congressional committees of such consultation and
suspension or termination, as the case may be, not later than
seven days after such consultation and suspension or
termination.
(g) Briefings to Congress.--Not later than 45 days before
an aviation security screening agreement described in
subsection (e) enters into force, the Administrator shall
submit to the appropriate congressional committees--
(1) an aviation security threat assessment for the country
in which such foreign last point of departure airport is
located;
(2) information regarding any corresponding mitigation
efforts to address any security issues identified in such
threat assessment, including any plans for joint covert
testing;
(3) information on potential security vulnerabilities
associated with commencing a pilot program at such foreign
last point of departure airport pursuant to subsection (b)
and mitigation plans to address such potential security
vulnerabilities;
(4) an assessment of the impacts such pilot program will
have on aviation security;
(5) an assessment of the screening performed at such
foreign last point of departure airport, including the
feasibility of TSA personnel monitoring screening, security
protocols, and standards;
(6) information regarding identifying the entity or
entities responsible for screening passengers and property at
such foreign last point of departure airport;
(7) the name of the entity or local authority and any
contractor or subcontractor;
(8) information regarding the screening requirements
relating to such aviation security screening agreement;
(9) details regarding information sharing mechanisms
between the TSA and such foreign last point of departure
airport, screening authority, or entity responsible for
screening provided for under such aviation security screening
agreement; and
(10) a copy of the aviation security screening agreement,
which shall identify the foreign last point of departure
airport or airports at which a pilot program under this
section is to be established.
(h) Certifications Relating to the Pilot Program for One-
stop Security.--For each aviation security screening
agreement described in subsection (e), the Administrator
shall submit to the appropriate congressional committees--
(1)(A) a certification that such agreement satisfies all of
the requirements specified in subsection (c); or
(B) in the event that one or more of such requirements are
not so satisfied, a description of the unsatisfied
requirement and information on what actions the Administrator
will take to ensure that such remaining requirements are
satisfied before such agreement enters into force;
(2) a certification that TSA and U.S. Customs and Border
Protection have ensured that any necessary physical
modifications or appropriate mitigations exist in the
domestic one-stop security pilot program airport prior to
receiving international passengers from a last point of
departure airport under the aviation security screening
agreement;
(3) a certification that a foreign last point of departure
airport covered by an aviation security screening agreement
has an operation to screen all checked bags as required by
law, regulation, or international agreement, including the
full utilization of explosives detection systems to the
extent applicable; and
(4) a certification that the Administrator consulted with
stakeholders, including air carriers, aviation nonprofit
labor organizations, airport operators, relevant interagency
partners, and other stakeholders that the Administrator
determines appropriate.
(i) Report to Congress.--Not later than five years after
the date of the enactment of this Act, the Secretary of
Homeland Security, in coordination with the Administrator,
shall submit a report to the appropriate congressional
committees regarding the implementation of the pilot program
authorized under this section, including information relating
to--
(1) the impact of such program on homeland security and
international aviation security, including any benefits and
challenges of such program;
(2) the impact of such program on passengers, airports, and
air carriers, including any benefits and challenges of such
program; and
(3) the impact and feasibility of continuing such program
or expanding it into a more permanent program, including any
benefits and challenges of such continuation or expansion.
(j) Rule of Construction.--Nothing in this section may be
construed as limiting the authority of U.S. Customs and
Border Protection to inspect persons and baggage arriving in
the United States in accordance with applicable law.
(k) Sunset.--The pilot program authorized under this
section shall terminate on the date that is six years after
the date of the enactment of this Act.
SEC. 59140. DHS ILLICIT CROSS-BORDER TUNNEL DEFENSE.
(a) Counter Illicit Cross-border Tunnel Operations
Strategic Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Commissioner of U.S. Customs
and Border Protection, in coordination with the Under
Secretary for Science and Technology, and, as appropriate,
other officials of the Department of Homeland Security, shall
develop a counter illicit cross-border tunnel operations
strategic plan (in this section referred to as the
``strategic plan'') to address the following:
(A) Risk-based criteria to be used to prioritize the
identification, breach, assessment, and remediation of
illicit cross-border tunnels.
(B) Promote the use of innovative technologies to identify,
breach, assess, and remediate illicit cross-border tunnels in
a manner that, among other considerations, reduces the impact
of such activities on surrounding communities.
(C) Processes to share relevant illicit cross-border tunnel
location, operations, and technical information.
(D) Indicators of specific types of illicit cross-border
tunnels found in each U.S. Border Patrol sector identified
through operations to be periodically disseminated to U.S.
Border Patrol sector chiefs to educate field personnel.
(E) A counter illicit cross-border tunnel operations
resource needs assessment that includes consideration of the
following:
(i) Technology needs.
(ii) Staffing needs, including the following:
(I) A position description for counter illicit cross-border
tunnel operations personnel.
(II) Any specialized skills required of such personnel.
(III) The number of such full time personnel, disaggregated
by U.S. Border Patrol sector.
(2) Report to congress on strategic plan.--Not later than
one year after the development of the strategic plan, the
Commissioner of U.S. Customs and Border Protection shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the
implementation of the strategic plan.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Commissioner of U.S. Customs and
Border Protection $1,000,000 for each of fiscal years 2023
and 2024 to carry out--
(1) the development of the strategic plan; and
(2) remediation operations of illicit cross-border tunnels
in accordance with the strategic plan to the maximum extent
practicable.
SEC. 59141. PREVENT EXPOSURE TO NARCOTICS AND TOXICS.
(a) Training for U.S. Customs and Border Protection
Personnel on the Use of Containment Devices to Prevent
Secondary Exposure to Fentanyl and Other Potentially Lethal
Substances.--Paragraph (1) of section 416(b) of the Homeland
Security Act of 2002 (6 U.S.C. 216(b)) is amended by adding
at the end the following new subparagraph:
``(C) How to use containment devices to prevent secondary
exposure to fentanyl and other potentially lethal
substances.''.
(b) Availability of Containment Devices.--Section 416(c) of
the Homeland Security Act of 2002 (6 U.S.C. 216(c)) is
amended--
(1) by striking ``and'' after ``equipment'' and inserting a
comma; and
(2) by inserting ``and containment devices'' after
``naloxone,''.
Subtitle D--Technical, Conforming, and Clerical Amendments
SEC. 59151. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.
The table of contents in section 1(b) of the Homeland
Security Act of 2002 is amended by--
[[Page H6396]]
(1) amending the items relating to sections 435 and 436 to
read as follows:
``Sec. 435. Maritime operations coordination plan.
``Sec. 436. Maritime security capabilities assessments.'';
(2) amending the item relating to section 1617 to read as
follows:
``Sec. 1617. Diversified security technology industry marketplace.'';
(3) amending the item relating to section 1621 to read as
follows:
``Sec. 1621. Maintenance validation and oversight.''; and
(4) amending the item relating to section 2103 to read as
follows:
``Sec. 2103. Protection and sharing of information.''.
amendment no. 421 offered by mr. courtney of connecticut
At the end of title LIV of division E, add the following:
SEC. 54__. ADDITION OF UNITED KINGDOM AND AUSTRALIA AS DPA
DOMESTIC SOURCES.
Section 702(7)(A) of the Defense Production Act of 1950 (50
U.S.C. 4552(7)(A)) is amended by striking ``United States or
Canada'' and inserting ``United States, the United Kingdom of
Great Britain and Northern Ireland, Australia, or Canada''.
amendment no. 422 offered by mr. tenney of new york
At the end of subtitle E of title XII of division A, add
the following:
SEC. ___. RESTRICTION OF ENTITIES FROM USING FEDERAL FUNDS
FROM ENGAGING, ENTERING INTO, AND AWARDING
PUBLIC WORKS CONTRACTS.
(a) In General.--Chapter 33 of title 40, United States
Code, is amended by adding at the end the following:
``Sec. 3320. Restriction of entities from using Federal funds
to engage, enter into, and award public works contracts
``(a) In General.--Notwithstanding any other provision of
law, Federal funds may not be provided to any covered entity
for any covered public works project.
``(b) Requirements.--Any entity receiving funds for any
covered public works project shall be free from any
obligations, influences, or connections to any covered
entity.
``(c) Exception.--This section shall only apply to projects
that are located in the United States.
``(d) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity' means any
entity that--
``(A) is headquartered in China;
``(B) is owned, directed, controlled, financed, or
influenced directly or indirectly by the Government of the
People's Republic of China, the CCP, or the Chinese military,
including any entity for which the Government of the People's
Republic of China, the CCP, or the Chinese military have the
ability, through ownership of a majority or a dominant
minority of the total outstanding voting interest in an
entity, board representation, proxy voting, a special share,
contractual arrangements, formal or informal arrangements to
act in concert, or other means, to determine, direct, or
decide for an entity in an important manner; or
``(C) is a parent, subsidiary, or affiliate of any entity
described in subparagraph (B).
``(2) Covered public works project.--The term `covered
public works project' means any project of the construction,
repair, renovation, or maintenance of public buildings,
structures, sewers, water works, roads, bridges, docks,
underpasses and viaducts, as well as any other improvement to
be constructed, repaired or renovated or maintained on public
property to be paid, in whole or in part, with public funds
or with financing to be retired with public funds in the form
of lease payments or otherwise.''.
(b) Clerical Amendment.--The analysis for chapter 33 of
title 40, United States Code, is amended by adding at the end
the following:
``3320. Restriction of entities from using Federal funds to engage,
enter into, and award public works contracts.''.
(c) Non-Federal Public Works.--Chapter 35 of title 40,
United States Code, is amended by adding at the end the
following:
``Sec. 3506. Restriction of States and local governments from
using Federal funds to engage, enter into, and award public
works contracts
``(a) In General.--A State or local government receiving
Federal funds may not provide such funds to any covered
entity for any covered public works project.
``(b) Requirements.--A State or local government shall
verify that any entity receiving funds for any covered public
works project is free from any obligations, influences, or
connections to any covered entity.
``(c) Exception.--This section shall only apply to projects
that are located in a State.
``(d) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity' means any
entity that--
``(A) is headquartered in China;
``(B) is owned, directed, controlled, financed, or
influenced directly or indirectly by the Government of the
People's Republic of China, the CCP, or the Chinese military,
including any entity for which the Government of the People's
Republic of China, the CCP, or the Chinese military have the
ability, through ownership of a majority or a dominant
minority of the total outstanding voting interest in an
entity, board representation, proxy voting, a special share,
contractual arrangements, formal or informal arrangements to
act in concert, or other means, to determine, direct, or
decide for an entity in an important manner; or
``(C) is a parent, subsidiary, or affiliate of any entity
described in subparagraph (B).
``(2) Covered public works project.--The term `covered
public works project' means any project of the construction,
repair, renovation, or maintenance of public buildings,
structures, sewers, water works, roads, bridges, docks,
underpasses and viaducts, as well as any other improvement to
be constructed, repaired or renovated or maintained on public
property to be paid, in whole or in part, with public funds
or with financing to be retired with public funds in the form
of lease payments or otherwise.''.
(d) Clerical Amendment.--The analysis for chapter 35 of
title 40, United States Code, is amended by adding at the end
the following:
``3506. Restriction of States and local governments from using Federal
funds to engage, enter into, and award public works
contracts.''.
(e) Updating Regulations.--The Federal Acquisition
Regulation and the Defense Federal Acquisition Regulation
shall be revised to implement the provisions of this Act.
(f) Rule of Applicability.--The amendments made by this
section shall take effect, and shall apply to projects
beginning on or after, 180 days after the date of enactment
of this Act.
amendment no. 423 offered by ms. garcia of texas
Add at the end of subtitle B of title VII the following:
SEC. ___ AFFILIATES SHARING PILOT PROGRAM.
Section 5318(g)(8)(B)(iii) of title 31, United States Code,
is amended by striking ``3 years after the date of enactment
of this paragraph'' and inserting ``3 years after the date
that the Secretary of the Treasury issues rules pursuant to
subparagraph (A)''.
amendment no. 424 offered by mrs. demings of florida
At the end of title LVIII, add the following:
SEC. 58_. OPEN TECHNOLOGY FUND GRANTS.
(a) In General.--In addition to grants made to the Open
Technology Fund of the United States Agency for Global Media
pursuant to section 305 of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6204) to make grants for
the purposes specified in section 309A of such Act (22 U.S.C.
6208a), the Open Technology Fund may make grants to eligible
entities to surge and sustain support for internet freedom
technologies to counter acute escalations in censorship in
closed countries.
(b) Methodology.--Grants under this section shall be made
competitively, and shall be subject to audits by the Open
Technology Fund to ensure that technologies described in
subsection (a) are secure and have not been compromised in a
manner detrimental to the interests of the United States or
to individuals or organizations benefitting from programs
supported by such grants.
(c) Reporting.--The Open Technology Fund shall annually
submit to the Committee on Foreign Affairs, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives and the
Committee on Foreign Relations, the Committee on
Appropriations, and the Select Committee on Intelligence of
the Senate a report on grants made and activities carried out
pursuant to such grants during the immediately preceding
fiscal year.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$5,000,000 for each of fiscal years 2023 through 2027 to
carry out this section.
(2) Availability.--Amounts authorized to be appropriated
pursuant to this subsection are authorized to remain
available until expended.
(e) Definitions.--In this section:
(1) Closed countries.--The term ``closed countries'' means
countries in which democratic participation, free expression,
freedom of movement, or access to information is suppressed
or explicitly prohibited through political, judicial, social,
or technical means, or as otherwise determined by the
Secretary of State, the Chief Executive Officer for the
United States Agency for Global Media, or the President of
the Open Technology Fund.
(2) Eligible entities.--The term ``eligible entities''
means public or private sector entities with proven and
already-deployed technology relating to surging and
sustaining support for internet freedom technologies to
counter acute escalations in censorship in closed countries.
amendment no. 425 offered by mr. torres of new york
Add at the end of title LII of division E the following:
SEC. 5206. BUILDING CYBER RESILIENCE AFTER SOLARWINDS.
(a) Definitions.--In this section:
(1) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given such term in section
1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)).
(2) Director.--The term ``Director'' shall refer to the
Director of the Cybersecurity and Infrastructure Security
Agency.
[[Page H6397]]
(3) Information system.--The term ``information system''
has the meaning given such term in section 2240 of the
Homeland Security Act of 2002 (6 U.S.C. 681).
(4) Significant cyber incident.--The term ``significant
cyber incident'' has the meaning given such term in section
2240 of the Homeland Security Act of 2002.
(5) Solarwinds incident.--The term ``SolarWinds incident''
refers to the significant cyber incident that prompted the
establishment of a Unified Cyber Coordination Group, as
provided by section V(B)(2) of Presidential Policy Directive
41, in December 2020.
(b) SolarWinds Investigation and Report.--
(1) Investigation.--The Director, in consultation with the
National Cyber Director and the heads of other relevant
Federal departments and agencies, shall carry out an
investigation to evaluate the impact of the SolarWinds
incident on information systems owned and operated by Federal
departments and agencies, and, to the extent practicable,
other critical infrastructure.
(2) Elements.--In carrying out subsection (b), the Director
shall review the following:
(A) The extent to which Federal information systems were
accessed, compromised, or otherwise impacted by the
SolarWinds incident, and any potential ongoing security
concerns or consequences arising from such incident.
(B) The extent to which information systems that support
other critical infrastructure were accessed, compromised, or
otherwise impacted by the SolarWinds incident, where such
information is available to the Director.
(C) Any ongoing security concerns or consequences arising
from the SolarWinds incident, including any sensitive
information that may have been accessed or exploited in a
manner that poses a threat to national security.
(D) Implementation of Executive Order 14028 (Improving the
Nation's Cybersecurity (May 12, 2021)).
(E) Efforts taken by the Director, the heads of Federal
departments and agencies, and critical infrastructure owners
and operators to address cybersecurity vulnerabilities and
mitigate risks associated with the SolarWinds incident.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Director shall submit to the
Committee on Homeland Security in the House of
Representatives and Committee on Homeland Security and
Government Affairs in the Senate a report that includes the
following:
(1) Findings for each of the elements specified in
subsection (b).
(2) Recommendations to address security gaps, improve
incident response efforts, and prevent similar cyber
incidents.
(3) Any areas where the Director lacked the information
necessary to fully review and assessment such elements, the
reason the information necessary was unavailable, and
recommendations to close such informational gaps.
(d) GAO Report on Cyber Safety Review Board.--Not later
than one year after the date of the enactment of this Act,
the Comptroller General of the United States shall evaluate
the activities of the Cyber Safety Review Board established
pursuant to Executive Order 14028 (Improving the Nation's
Cybersecurity (May 12, 2021)), with a focus on the Board's
inaugural review announced in February 2022, and assess
whether the Board has the authorities, resources, and
expertise necessary to carry out its mission of reviewing and
assessing significant cyber incidents.
amendment no. 427 offered by mr. garbarino of new york
Add at the end of title LII of division E the following:
SEC. 5206. CISA DIRECTOR APPOINTMENT AND TERM.
Subsection (b) of section 2202 of the Homeland Security Act
of 2002 (6 U.S.C. 652) is amended--
(1) in paragraph (1), by adding at the end the following
new sentence: ``The Director shall be appointed by the
President, by and with the advice and consent of the
Senate.'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) Term.--Effective with respect to an individual
appointed pursuant to paragraph (1) after the date of the
enactment of this paragraph, the term of office of such an
individual so appointed shall be five years. The term of
office of the individual serving as the Director on the day
before such date of enactment shall be five years beginning
from the date on which such Director began serving.''.
amendment no. 428 offered by mr. lamb of pennsylvania
At the end of title LVIII of division E, insert the
following:
SEC. __. STRATEGIC TRANSFORMER RESERVE AND RESILIENCE.
(a) Plan and Report.--Not later than 18 months after the
date of enactment of this section, the Secretary shall submit
to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report containing--
(1) a plan for reducing the vulnerability of the electric
grid to physical attack, cyber attack, electromagnetic pulse,
geomagnetic disturbances, severe weather, climate change, and
seismic events, including by--
(A) establishing a strategic transformer reserve that
ensures that large power transformers, generator step-up
transformers, power conversion equipment, and other critical
electric grid equipment are strategically located to ensure
timely replacement of such equipment as may be necessary to
restore electric grid function rapidly in the event of severe
damage to the electric grid due to physical attack, cyber
attack, electromagnetic pulse, geomagnetic disturbances,
severe weather, climate change, or seismic events; and
(B) establishing a coordinated plan to facilitate
transportation of large power transformers, generator step-up
transformers, power conversion equipment, and other critical
electric grid equipment; and
(2) an evaluation of the benefits of establishing such a
strategic transformer reserve, including the benefits of
purchasing critical electric grid equipment that is made of
iron and steel products produced in the United States.
(b) Transformer Resilience.--The Secretary shall--
(1) improve large power transformers, generator step-up
transformers, power conversion equipment, and other critical
electric grid equipment by reducing their vulnerabilities;
(2) develop, test, and deploy innovative equipment designs
that are more flexible and offer greater resiliency of
electric grid functions;
(3) coordinate with industry and manufacturers to
standardize large power transformers, generator step-up
transformers, power conversion equipment, and other critical
electric grid equipment;
(4) monitor and test large power transformers, generator
step-up transformers, power conversion equipment, and other
critical electric grid equipment that the Secretary
determines may pose a risk to the bulk-power system or
national security; and
(5) facilitate the domestic manufacturing of large power
transformers, generator step-up transformers, power
conversion equipment, and other critical electric grid
equipment through the issuance of grants and loans, and
through the provision of technical support.
(c) Consultation.--In carrying out this section, the
Secretary shall consult with the Federal Energy Regulatory
Commission, the Electricity Subsector Coordinating Council,
the Electric Reliability Organization, manufacturers, and
owners and operators of critical electric infrastructure and
defense and military installations.
(d) Prevailing Wages.--Any laborer or mechanic employed by
any contractor or subcontractor in the performance of work
funded directly, or assisted in whole or in part, by the
Federal Government pursuant to this section shall be paid
wages at rates not less than those prevailing on work of a
similar character in the locality, as determined by the
Secretary of Labor under subchapter IV of chapter 31 of title
40, United States Code (commonly referred to as the Davis-
Bacon Act). With respect to the labor standards in this
subsection, the Secretary of Labor shall have the authority
and functions set forth in Reorganization Plan Numbered 14 of
1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title
40, United States Code.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $75,000,000 for
each of fiscal years 2022 through 2026, and such amounts
shall remain available until expended.
(f) Definitions.--In this section:
(1) The terms ``bulk-power system'' and ``Electric
Reliability Organization'' have the meaning given such terms
in section 215 of the Federal Power Act (16 U.S.C. 824o).
(2) The term ``critical electric infrastructure'' has the
meaning given such term in section 215A of the Federal Power
Act (16 U.S.C. 824o-1).
(3) The term ``iron and steel products'' includes
electrical steel used in the manufacture of--
(A) transformers; and
(B) laminations, cores, and other transformer components.
(4) The term ``produced in the United States'' means, with
respect to iron and steel products, that all manufacturing
processes, from the initial melting stage through the
application of coatings, occurred in the United States.
(1) The terms ``Regional Transmission Organization'',
``Independent System Operator'', and ``State regulatory
authority'' have the meaning given such terms in section 3 of
the Federal Power Act (16 U.S.C. 796).
(2) The term ``Secretary'' means the Secretary of Energy.
amendment no. 429 offered by mrs. carolyn b. maloney of new york
At the end of division E, insert the following:
SEC. 5806. AI IN COUNTERTERRORISM OVERSIGHT ENHANCEMENT.
(a) Short Title.--This section may be cited as the ``AI in
Counterterrorism Oversight Enhancement Act''.
(b) Oversight of Use of Artificial Intelligence-enabled
Technologies by Executive Branch for Counterterrorism
Purposes.--
[[Page H6398]]
(1) Amendments to authorities and responsibilities of
privacy and civil liberties officers.--Section 1062 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42
U.S.C. 2000ee-1) is amended--
(A) in subsection (a)--
(i) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5);
(ii) by inserting after paragraph (2) the following new
paragraph:
``(3) provide to the Privacy and Civil Liberties Oversight
Board, with respect to covered artificial intelligence-
enabled technologies--
``(A) not later than 180 days after the date on which this
paragraph takes effect, and every 6 months thereafter,
written notice of the use of such technologies or the planned
evaluation, use, development, acquisition, retention of
services for, or repurposing of such technologies;
``(B) access to associated impact statements, including
system of record notices, privacy impact assessments, and
civil liberties impact assessments;
``(C) access to associated information and materials
documenting--
``(i) the processes for data collection related to such
technologies, for obtaining consent related to the use of
such technologies, or for the disclosure of the use of such
technologies;
``(ii) the algorithms and models of such technologies;
``(iii) the data resources used, or to be used, in the
training of such technologies, including a comprehensive
listing of any data assets or public data assets (or any
combination thereof) used, or to be used, in the training of
such technologies;
``(iv) data governance processes and procedures, including
acquisition, protection, retention, sharing, and access,
related to data resources associated with such technologies;
and
``(v) processes for training and testing, evaluating,
validating, and modifying such technologies; and
``(D) access to all other associated information and
materials.'';
(B) in subsection (d)(1), by inserting ``(including as
described under subsection (a)(3))'' after ``officer''; and
(C) by adding at the end the following:
``(i) Definitions.--In this section:
``(1) Artificial intelligence.--The term `artificial
intelligence' has the meaning given that term in section
238(g) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2358
note).
``(2) Covered artificial intelligence-enabled technology.--
The term `covered artificial intelligence-enabled technology'
means an artificial intelligence-enabled technology
(including a classified technology)--
``(A) in use by the applicable department, agency, or
element to protect the Nation from terrorism; or
``(B) that the applicable department, agency, or element
plans to evaluate, develop, acquire, retain, or repurpose to
protect the Nation from terrorism.
``(3) Data asset; public data asset.--The terms `data
asset' and `public data asset' have the meaning given those
terms in section 3502 of title 44, United States Code.''.
(2) Self-assessment by privacy and civil liberties
oversight board.--Not later than one year after the date of
the enactment of this Act, the Privacy and Civil Liberties
Oversight Board under section 1061 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee) shall
provide to the appropriate committees (as described in
subsection (e) of such section) a self-assessment of any
change in authorities, resources, or organizational structure
that may be necessary to carry out the functions described in
subsection (d) of such section related to artificial
intelligence-enabled technologies.
(3) Definition.--In this section, the term ``artificial
intelligence'' has the meaning given that term in section
238(g) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2358
note).
(4) Effective date.--Paragraphs (1) and (2), and the
amendments made by such paragraphs, shall take effect on the
date that is one year after the date of the enactment of this
Act.
Amendment No. 430 Offered by Mr. Cicilline of Rhode Island
Insert in the appropriate place in title LVIII the
following:
SEC. __. ELIMINATION OF TERMINATION CLAUSE FOR GLOBAL
ENGAGEMENT CENTER.
Section 1287 of Public Law 114-328 is amended by striking
subsection (j).
AMENDMENT NO. 431 OFFERED BY MR. CICILLINE OF RHODE ISLAND
At the end of title LVIII of division E, add the following:
SEC. 58___. RESOLUTION OF CONTROVERSIES UNDER SERVICEMEMBERS
CIVIL RELIEF ACT.
(a) In General.--Section 102 of the Servicemembers Civil
Relief Act (50 U.S.C. 3912) is amended by adding at the end
the following new subsection:
``(d) Written Consent Required for Arbitration.--
Notwithstanding any other provision of law, whenever a
contract with a servicemember, or a servicemember and the
servicemember's spouse jointly, provides for the use of
arbitration to resolve a controversy subject to a provision
of this Act and arising out of or relating to such contract,
arbitration may be used to settle such controversy only if,
after such controversy arises, all parties to such
controversy consent in writing to use arbitration to settle
such controversy.''.
(b) Applicability.--Subsection (d) of such section, as
added by subsection (a), shall apply with respect to
contracts entered into, amended, altered, modified, renewed,
or extended after the date of the enactment of this Act.
SEC. 58___. LIMITATION ON WAIVER OF RIGHTS AND PROTECTIONS
UNDER SERVICEMEMBERS CIVIL RELIEF ACT.
(a) In General.--Section 107(a) of the Servicemembers Civil
Relief Act (50 U.S.C. 3918(a)) is amended--
(1) in the second sentence, by inserting ``and if it is
made after a specific dispute has arisen and the dispute is
identified in the waiver'' after ``to which it applies''; and
(2) in the third sentence, by inserting ``and if it is made
after a specific dispute has arisen and the dispute is
identified in the waiver'' after ``period of military
service''.
(b) Applicability.--The amendment made by subsection (a)
shall apply with respect to waivers made on or after the date
of the enactment of this Act.
SEC. 58___. CLARIFICATION OF PRIVATE RIGHT OF ACTION UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
Section 802(a) of the Servicemembers Civil Relief Act (50
U.S.C. 4042(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
notwithstanding any previous agreement to the contrary,''
after ``may''; and
(2) in paragraph (3), by striking ``, notwithstanding any
previous agreement to the contrary''.
Amendment No. 432 Offered by Ms. Tlaib of Michigan
Add at the end of title LIV of division E the following:
SEC. 5403. SERVICEMEMBER PROTECTIONS FOR MEDICAL DEBT
COLLECTIONS.
(a) Amendments to the Fair Debt Collection Practices Act.--
(1) Definition.--Section 803 of the Fair Debt Collection
Practices Act (15 U.S.C. 1692a) is amended by adding at the
end the following:
``(9) The term `medical debt' means a debt arising from the
receipt of medical services, products, or devices.''.
(2) Unfair practices.--Section 808 of the Fair Debt
Collection Practices Act (15 U.S.C. 1692f) is amended by
adding at the end the following:
``(9) Engaging in activities to collect or attempting to
collect a medical debt owed or due or asserted to be owed or
due by a consumer who was a member of the Armed Forces at the
time such debt was incurred, before the end of the 2-year
period beginning on the date that the first payment with
respect to such medical debt is due.''.
(b) Prohibition on Consumer Reporting Agencies Reporting
Certain Medical Debt With Respect to Members of the Armed
Forces.--
(1) Definition.--Section 603 of the Fair Credit Reporting
Act (15 U.S.C. 1681a) is amended by adding at the end the
following:
``(bb) Medical Debt.--The term `medical debt' means a debt
arising from the receipt of medical services, products, or
devices.
``(cc) Medically Necessary Procedure.--The term `medically
necessary procedure' means--
``(1) health care services or supplies needed to diagnose
or treat an illness, injury, condition, disease, or its
symptoms and that meet accepted standards of medicine; and
``(2) health care to prevent illness or detect illness at
an early stage, when treatment is likely to work best
(including preventive services such as pap tests, flu shots,
and screening mammograms).''.
(2) In general.--Section 605(a) of the Fair Credit
Reporting Act (15 U.S.C. 1681c(a)) is amended--
(A) in paragraph (7), by adding at the end the following:
``This paragraph shall not be subject to section
625(b)(1)(E).'';
(B) in paragraph (8), by adding at the end the following:
``This paragraph shall not be subject to section
625(b)(1)(E).''; and
(C) by adding at the end the following new paragraphs:
``(9) Any information related to a debt arising from a
medically necessary procedure that occurred when the consumer
was a member of the Armed Forces. This paragraph shall not be
subject to section 625(b)(1)(E).
``(10) Any information related to a medical debt of a
consumer that was incurred when the consumer was a member of
the Armed Forces, if the date on which such debt was placed
for collection, charged to profit or loss, or subjected to
any similar action antedates the report by less than 365
calendar days. This paragraph shall not be subject to section
625(b)(1)(E).''.
(c) Requirements for Furnishers of Medical Debt Information
With Respect to Members of the Armed Forces.--
(1) Additional notice requirements for medical debt of
members of the armed forces.--Section 623 of the Fair Credit
Reporting Act (15 U.S.C. 1681s-2) is amended by adding at the
end the following:
``(f) Additional Notice Requirements for Medical Debt of
Members of the Armed Forces.--Before furnishing information
regarding a medical debt of a consumer that
[[Page H6399]]
was incurred when the consumer was a member of the Armed
Forces to a consumer reporting agency, the person furnishing
the information shall send a statement to the consumer that
includes the following:
``(1) A notification that the medical debt--
``(A) may not be included on a consumer report made by a
consumer reporting agency until the later of the date that is
365 days after--
``(i) the date on which the person sends the statement;
``(ii) with respect to the medical debt of a borrower
demonstrating hardship, a date determined by the Director of
the Bureau; or
``(iii) the date described under section 605(a)(10); and
``(B) may not ever be included on a consumer report made by
a consumer reporting agency, if the medical debt arises from
a medically necessary procedure.
``(2) A notification that, if the debt is settled or paid
by the consumer or an insurance company before the end of the
period described under paragraph (1)(A), the debt may not be
reported to a consumer reporting agency.
``(3) A notification that the consumer may--
``(A) communicate with an insurance company to determine
coverage for the debt; or
``(B) apply for financial assistance.''.
(2) Furnishing of medical debt information with respect to
members of the armed forces.--Section 623 of the Fair Credit
Reporting Act (15 U.S.C. 1681s-2), as amended by paragraph
(1), is further amended by adding at the end the following:
``(g) Furnishing of Medical Debt Information With Respect
to Members of the Armed Forces.--
``(1) Prohibition on reporting debt related to medically
necessary procedures.--No person shall furnish any
information to a consumer reporting agency regarding a debt
arising from a medically necessary procedure that occurred
when the consumer was a member of the Armed Forces.
``(2) Treatment of other medical debt information.--With
respect to a medical debt of a consumer that was incurred
when the consumer was a member of the Armed Forces and that
is not described under paragraph (1), no person shall furnish
any information to a consumer reporting agency regarding such
debt before the end of the 365-day period beginning on the
later of--
``(A) the date on which the person sends the statement
described under subsection (f) to the consumer;
``(B) with respect to the medical debt of a borrower
demonstrating hardship, a date determined by the Director of
the Bureau; or
``(C) the date described in section 605(a)(10).
``(3) Treatment of settled or paid medical debt.--With
respect to a medical debt of a consumer that was incurred
when the consumer was a member of the Armed Forces and that
is not described under paragraph (1), no person shall furnish
any information to a consumer reporting agency regarding such
debt if the debt is settled or paid by the consumer or an
insurance company before the end of the 365-day period
described under paragraph (2).
``(4) Borrower demonstrating hardship defined.--In this
subsection, and with respect to a medical debt, the term
`borrower demonstrating hardship' means a borrower or a class
of borrowers who, as determined by the Director of the
Bureau, is facing or has experienced unusual extenuating life
circumstances or events that result in severe financial or
personal barriers such that the borrower or class of
borrowers does not have the capacity to repay the medical
debt.''.
(d) Effective Date.--Except as otherwise provided under
subsection (e), this section and the amendments made by this
section shall take effect on the date that is 180 days after
the date of enactment of this Act.
(e) Discretionary Surplus Funds.--
(1) In general.--The dollar amount specified under section
7(a)(3)(A) of the Federal Reserve Act (12 U.S.C.
289(a)(3)(A)) is reduced by $1,000,000.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on September 30, 2032.
Amendment No. 433 Offered by Ms. Sanchez of California
At the end of title LIV of division E, add the following:
SEC. 54__. PROTECTIONS FOR ACTIVE DUTY UNIFORMED CONSUMER.
(a) Definitions.--Section 603 of the Fair Credit Reporting
Act (15 U.S.C. 1681a) is amended--
(1) in subsection (q), by amending paragraph (1) to read as
follows:
``(1) Uniformed consumer.--The term `uniformed consumer'
means a consumer who is--
``(A) a member of the--
``(i) uniformed services (as such term is defined in
section 101(a)(5) of title 10, United States Code); or
``(ii) National Guard (as such term is defined in section
101(c)(1) of title 10, United States Code); and
``(B) in active service (as such term is defined in section
101(d)(3) of title 10, United States Code), including full-
time duty in the commissioned corps of the Public Health
Service or the National Oceanic and Atmospheric
Administration.''; and
(2) by adding at the end the following:
``(bb) Deployed Uniformed Consumer.--The term `deployed
uniformed consumer' means an uniformed consumer who--
``(1) serves--
``(A) in a combat zone (as such term is defined in section
112(c)(2) of title 26, United States Code); or
``(B) aboard a United States combatant, support, or
auxiliary vessel (as such terms are defined in section 231(f)
of title 10, United States Code); or
``(C) in a deployment (as such term is defined in section
991(b) of title 10, United States Code); and
``(2) is on active duty (as such term is defined in section
101(d)(2) of title 10, United States Code) for not less than
30 days during the type of service described in paragraph
(1).''.
(b) Prohibition on Including Certain Adverse Information in
Consumer Reports.--Section 605 of the Fair Credit Reporting
Act (15 U.S.C. 1681c) is amended--
(1) in subsection (a), by adding at the end the following:
``(9) Any item of adverse information about a uniformed
consumer, if the action or inaction that gave rise to the
item occurred while the consumer was a deployed uniformed
consumer.''; and
(2) by adding at the end the following:
``(i) Notice of Status as a Uniformed Consumer.--With
respect to an item of adverse information about a consumer,
if the action or inaction that gave rise to the item occurred
while the consumer was a uniformed consumer, the consumer may
provide appropriate proof, including official orders, to a
consumer reporting agency that the consumer was a deployed
uniformed consumer at the time such action or inaction
occurred. The consumer reporting agency shall promptly delete
that item of adverse information from the file of the
uniformed consumer and notify the consumer and the furnisher
of the information of the deletion.''.
(c) Communications Between the Consumer and Consumer
Reporting Agencies.--Section 605A of the Fair Credit
Reporting Act (15 U.S.C. 1681c-1) is amended--
(1) in subsection (c)--
(A) by striking ``Upon'' and inserting the following:
``(1) In general.--Upon'';
(B) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), and moving such redesignated
subparagraphs 2 ems to the right; and
(C) by adding at the end the following:
``(2) Negative information alert.--Any time a consumer
reporting agency receives an item of adverse information
about a consumer, if the consumer has provided appropriate
proof that the consumer is a uniformed consumer, the consumer
reporting agency shall promptly notify the consumer--
``(A) that the agency has received such item of adverse
information, along with a description of the item; and
``(B) the method by which the consumer can dispute the
validity of the item.
``(3) Contact information for uniformed consumers.--With
respect to any consumer that has provided appropriate proof
to a consumer reporting agency that the consumer is a
deployed uniformed consumer, if the consumer provides the
consumer reporting agency with separate contact information
to be used when communicating with the consumer while the
consumer is a deployed uniformed consumer, the consumer
reporting agency shall use such contact information for all
communications while the consumer is a deployed uniformed
consumer.''; and
(2) in subsection (e), by amending paragraph (3) to read as
follows:
``(3) subparagraphs (A) and (B) of subsection (c)(1), in
the case of a referral under subsection (c)(1)(C).''.
(d) Conforming Amendment.--The Fair Credit Reporting Act
(15 U.S.C. 1681 et seq.) is amended by striking ``active duty
military'' each place such term appears and inserting
``uniformed consumer''.
(e) Sense of Congress.--It is the sense of Congress that
any person making use of a consumer report containing an item
of adverse information should, if the action or inaction that
gave rise to the item occurred while the consumer was a
uniformed consumer, take such fact into account when
evaluating the creditworthiness of the consumer.
Amendment No. 434 Offered by Ms. Dean of Pennsylvania
Add at the end of title LIV of division E the following:
SEC. 54__. FAIR DEBT COLLECTION PRACTICES FOR SERVICEMEMBERS.
(a) Enhanced Protection Against Debt Collector Harassment
of Servicemembers.--
(1) Communication in connection with debt collection.--
Section 805 of the Fair Debt Collection Practices Act (15
U.S.C. 1692c) is amended by adding at the end the following:
``(e) Communications Concerning Servicemember Debts.--
``(1) Definition.--In this subsection, the term `covered
member' means--
``(A) a covered member or a dependent as defined in section
987(i) of title 10, United States Code; and
``(B)(i) an individual who was separated, discharged, or
released from duty described in such section 987(i)(1), but
only during the 365-day period beginning on the date of
separation, discharge, or release; or
``(ii) a person, with respect to an individual described in
clause (i), described in subparagraph (A), (D), (E), or (I)
of section 1072(2) of title 10, United States Code.
[[Page H6400]]
``(2) Prohibitions.--A debt collector may not, in
connection with the collection of any debt of a covered
member--
``(A) threaten to have the covered member reduced in rank;
``(B) threaten to have the covered member's security
clearance revoked; or
``(C) threaten to have the covered member prosecuted under
chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice).''.
(2) Unfair practices.--Section 808 of the Fair Debt
Collection Practices Act (15 U.S.C. 1692f) is amended by
adding at the end the following:
``(9) The representation to any covered member (as defined
under section 805(e)(1)) that failure to cooperate with a
debt collector will result in--
``(A) a reduction in rank of the covered member;
``(B) a revocation of the covered member's security
clearance; or
``(C) prosecution under chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice).''.
(b) GAO Study.--The Comptroller General of the United
States shall conduct a study and submit a report to Congress
on the impact of this section on--
(1) the timely delivery of information to a covered member
(as defined in section 805(e) of the Fair Debt Collection
Practices Act, as added by this section);
(2) military readiness; and
(3) national security, including the extent to which
covered members with security clearances would be impacted by
uncollected debt.
(c) Determination of Budgetary Effects.--The budgetary
effects of this section, for the purpose of complying with
the Statutory Pay-As-You-Go Act of 2010, shall be determined
by reference to the latest statement titled ``Budgetary
Effects of PAYGO Legislation'' for this section, 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.
Amendment No. 435 Offered by Mrs. Beatty of Ohio
At the end title LIV add the following:
SEC. 54__. FAIR HIRING IN BANKING.
(a) Federal Deposit Insurance Act.--Section 19 of the
Federal Deposit Insurance Act (12 U.S.C. 1829) is amended--
(1) by inserting after subsection (b) the following:
``(c) Exceptions.--
``(1) Certain older offenses.--
``(A) In general.--With respect to an individual,
subsection (a) shall not apply to an offense if--
``(i) it has been 7 years or more since the offense
occurred; or
``(ii) the individual was incarcerated with respect to the
offense and it has been 5 years or more since the individual
was released from incarceration.
``(B) Offenses committed by individuals 21 or younger.--For
individuals who committed an offense when they were 21 years
of age or younger, subsection (a) shall not apply to the
offense if it has been more than 30 months since the
sentencing occurred.
``(C) Limitation.--This paragraph shall not apply to an
offense described under subsection (a)(2).
``(2) Expungement and sealing.--With respect to an
individual, subsection (a) shall not apply to an offense if--
``(A) there is an order of expungement, sealing, or
dismissal that has been issued in regard to the conviction in
connection with such offense; and
``(B) it is intended by the language in the order itself,
or in the legislative provisions under which the order was
issued, that the conviction shall be destroyed or sealed from
the individual's State or Federal record, even if exceptions
allow the record to be considered for certain character and
fitness evaluation purposes.
``(3) De minimis exemption.--
``(A) In general.--Subsection (a) shall not apply to such
de minimis offenses as the Corporation determines, by rule.
``(B) Confinement criteria.--In issuing rules under
subparagraph (A), the Corporation shall include a requirement
that the offense was punishable by a term of three years or
less confined in a correctional facility, where such
confinement--
``(i) is calculated based on the time an individual spent
incarcerated as a punishment or a sanction, not as pretrial
detention; and
``(ii) does not include probation or parole where an
individual was restricted to a particular jurisdiction or was
required to report occasionally to an individual or a
specific location.
``(C) Bad check criteria.--In setting the criteria for de
minimis offenses under subparagraph (A), if the Corporation
establishes criteria with respect to insufficient funds
checks, the Corporation shall require that the aggregate
total face value of all insufficient funds checks across all
convictions or program entries related to insufficient funds
checks is $2,000 or less.
``(D) Designated lesser offenses.--Subsection (a) shall not
apply to certain lesser offenses (including the use of a fake
ID, shoplifting, trespass, fare evasion, driving with an
expired license or tag, and such other low-risk offenses as
the Corporation may designate) if 1 year or more has passed
since the applicable conviction or program entry.''; and
(2) by adding at the end the following:
``(f) Consent Applications.--
``(1) In general.--The Corporation shall accept consent
applications from an individual and from an insured
depository institution or depository institution holding
company on behalf of an individual that are filed separately
or contemporaneously with a regional office of the
Corporation.
``(2) Sponsored applications filed with regional offices.--
Consent applications filed at a regional office of the
Corporation by an insured depository institution or
depository institution holding company on behalf of an
individual--
``(A) shall be reviewed by such office;
``(B) may be approved or denied by such office, if such
authority has been delegated to such office by the
Corporation; and
``(C) may only be denied by such office if the general
counsel of the Corporation (or a designee) certifies that the
denial is consistent with this section.
``(3) Individual applications filed with regional
offices.--Consent applications filed at a regional office by
an individual--
``(A) shall be reviewed by such office; and
``(B) may be approved or denied by such office, if such
authority has been delegated to such office by the
Corporation, except with respect to--
``(i) cases involving an offense described under subsection
(a)(2); and
``(ii) such other high-level security cases as may be
designated by the Corporation.
``(4) National office review.--The national office of the
Corporation shall--
``(A) review any consent application with respect to which
a regional office is not authorized to approve or deny the
application; and
``(B) review any consent application that is denied by a
regional office, if the individual requests a review by the
national office.
``(5) Forms and instructions.--
``(A) Availability.--The Corporation shall make all forms
and instructions related to consent applications available to
the public, including on the website of the Corporation.
``(B) Contents.--The forms and instructions described under
subparagraph (A) shall provide a sample cover letter and a
comprehensive list of items that may accompany the
application, including clear guidance on evidence that may
support a finding of rehabilitation.
``(6) Consideration of criminal history.--
``(A) Regional office consideration.--In reviewing a
consent application, a regional office shall--
``(i) primarily rely on the criminal history record of the
Federal Bureau of Investigation; and
``(ii) provide such record to the applicant to review for
accuracy.
``(B) Certified copies.--The Corporation may not require an
applicant to provide certified copies of criminal history
records unless the Corporation determines that there is a
clear and compelling justification to require additional
information to verify the accuracy of the criminal history
record of the Federal Bureau of Investigation.
``(7) Consideration of rehabilitation.--Consistent with
title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et
seq.), the Corporation shall--
``(A) conduct an individualized assessment when evaluating
consent applications that takes into account evidence of
rehabilitation, the applicant's age at the time of the
conviction or program entry, the time that has elapsed since
conviction or program entry, and the relationship of
individual's offense to the responsibilities of the
applicable position;
``(B) consider the individual's employment history, letters
of recommendation, certificates documenting participation in
substance abuse programs, successful participating in job
preparation and educational programs, and other relevant
mitigating evidence; and
``(C) consider any additional information the Corporation
determines necessary for safety and soundness.
``(8) Scope of employment.--With respect to an approved
consent application filed by an insured depository
institution or depository institution holding company on
behalf of an individual, if the Corporation determines it
appropriate, such approved consent application shall allow
the individual to work for the same employer (without
restrictions on the location) and across positions, except
that the prior consent of the Corporation (which may require
a new application) shall be required for any proposed
significant changes in the individual's security-related
duties or responsibilities, such as promotion to an officer
or other positions that the employer determines will require
higher security screening credentials.
``(9) Coordination with the ncua.--In carrying out this
section, the Corporation shall consult and coordinate with
the National Credit Union Administration as needed to promote
consistent implementation where appropriate.
``(g) Definitions.--In this section:
``(1) Consent application.--The term `consent application'
means an application filed with Corporation by an individual
(or by an insured depository institution or depository
institution holding company on behalf of an individual)
seeking the written consent of the Corporation under
subsection (a)(1).
``(2) Criminal offense involving dishonesty.--The term
`criminal offense involving dishonesty'--
``(A) means an offense under which an individual, directly
or indirectly--
[[Page H6401]]
``(i) cheats or defrauds; or
``(ii) wrongfully takes property belonging to another in
violation of a criminal statute;
``(B) includes an offense that Federal, State, or local law
defines as dishonest, or for which dishonesty is an element
of the offense; and
``(C) does not include--
``(i) a misdemeanor criminal offense committed more than
one year before the date on which an individual files a
consent application, excluding any period of incarceration;
or
``(ii) an offense involving the possession of controlled
substances.
``(3) Pretrial diversion or similar program.--The term
`pretrial diversion or similar program' means a program
characterized by a suspension or eventual dismissal or
reversal of charges or criminal prosecution upon agreement by
the accused to restitution, drug or alcohol rehabilitation,
anger management, or community service.''.
(b) Federal Credit Union Act.--Section 205(d) of the
Federal Credit Union Act (12 U.S.C. 1785(d)) is amended by
adding at the end the following:
``(4) Exceptions.--
``(A) Certain older offenses.--
``(i) In general.--With respect to an individual, paragraph
(1) shall not apply to an offense if--
``(I) it has been 7 years or more since the offense
occurred; or
``(II) the individual was incarcerated with respect to the
offense and it has been 5 years or more since the individual
was released from incarceration.
``(ii) Offenses committed by individuals 21 or younger.--
For individuals who committed an offense when they were 21
years of age or younger, paragraph (1) shall not apply to the
offense if it has been more than 30 months since the
sentencing occurred.
``(iii) Limitation.--This subparagraph shall not apply to
an offense described under paragraph (1)(B).
``(B) Expungement and sealing.--With respect to an
individual, paragraph (1) shall not apply to an offense if--
``(i) there is an order of expungement, sealing, or
dismissal that has been issued in regard to the conviction in
connection with such offense; and
``(ii) it is intended by the language in the order itself,
or in the legislative provisions under which the order was
issued, that the conviction shall be destroyed or sealed from
the individual's State or Federal record, even if exceptions
allow the record to be considered for certain character and
fitness evaluation purposes.
``(C) De minimis exemption.--
``(i) In general.--Paragraph (1) shall not apply to such de
minimis offenses as the Board determines, by rule.
``(ii) Confinement criteria.--In issuing rules under clause
(i), the Board shall include a requirement that the offense
was punishable by a term of three years or less confined in a
correctional facility, where such confinement--
``(I) is calculated based on the time an individual spent
incarcerated as a punishment or a sanction, not as pretrial
detention; and
``(II) does not include probation or parole where an
individual was restricted to a particular jurisdiction or was
required to report occasionally to an individual or a
specific location.
``(iii) Bad check criteria.--In setting the criteria for de
minimis offenses under clause (i), if the Board establishes
criteria with respect to insufficient funds checks, the Board
shall require that the aggregate total face value of all
insufficient funds checks across all convictions or program
entries related to insufficient funds checks is $2,000 or
less.
``(iv) Designated lesser offenses.--Paragraph (1) shall not
apply to certain lesser offenses (including the use of a fake
ID, shoplifting, trespass, fare evasion, driving with an
expired license or tag, and such other low-risk offenses as
the Board may designate) if 1 year or more has passed since
the applicable conviction or program entry.
``(5) Consent applications.--
``(A) In general.--The Board shall accept consent
applications from an individual and from an insured credit
union on behalf of an individual that are filed separately or
contemporaneously with a regional office of the Board.
``(B) Sponsored applications filed with regional offices.--
Consent applications filed at a regional office of the Board
by an insured credit union on behalf of an individual--
``(i) shall be reviewed by such office;
``(ii) may be approved or denied by such office, if such
authority has been delegated to such office by the Board; and
``(iii) may only be denied by such office if the general
counsel of the Board (or a designee) certifies that the
denial is consistent with this section.
``(C) Individual applications filed with regional
offices.--Consent applications filed at a regional office by
an individual--
``(i) shall be reviewed by such office; and
``(ii) may be approved or denied by such office, if such
authority has been delegated to such office by the Board,
except with respect to--
``(I) cases involving an offense described under paragraph
(1)(B); and
``(II) such other high-level security cases as may be
designated by the Board.
``(D) National office review.--The national office of the
Board shall--
``(i) review any consent application with respect to which
a regional office is not authorized to approve or deny the
application; and
``(ii) review any consent application that is denied by a
regional office, if the individual requests a review by the
national office.
``(E) Forms and instructions.--
``(i) Availability.--The Board shall make all forms and
instructions related to consent applications available to the
public, including on the website of the Board.
``(ii) Contents.--The forms and instructions described
under clause (i) shall provide a sample cover letter and a
comprehensive list of items that may accompany the
application, including clear guidance on evidence that may
support a finding of rehabilitation.
``(F) Consideration of criminal history.--
``(i) Regional office consideration.--In reviewing a
consent application, a regional office shall--
``(I) primarily rely on the criminal history record of the
Federal Bureau of Investigation; and
``(II) provide such record to the applicant to review for
accuracy.
``(ii) Certified copies.--The Board may not require an
applicant to provide certified copies of criminal history
records unless the Board determines that there is a clear and
compelling justification to require additional information to
verify the accuracy of the criminal history record of the
Federal Bureau of Investigation.
``(G) Consideration of rehabilitation.--Consistent with
title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et
seq.), the Board shall--
``(i) conduct an individualized assessment when evaluating
consent applications that takes into account evidence of
rehabilitation, the applicant's age at the time of the
conviction or program entry, the time that has elapsed since
conviction or program entry, and the relationship of
individual's offense to the responsibilities of the
applicable position;
``(ii) consider the individual's employment history,
letters of recommendation, certificates documenting
participation in substance abuse programs, successful
participating in job preparation and educational programs,
and other relevant mitigating evidence; and
``(iii) consider any additional information the Board
determines necessary for safety and soundness.
``(H) Scope of employment.--With respect to an approved
consent application filed by an insured credit union on
behalf of an individual, if the Board determines it
appropriate, such approved consent application shall allow
the individual to work for the same employer (without
restrictions on the location) and across positions, except
that the prior consent of the Board (which may require a new
application) shall be required for any proposed significant
changes in the individual's security-related duties or
responsibilities, such as promotion to an officer or other
positions that the employer determines will require higher
security screening credentials.
``(I) Coordination with fdic.--In carrying out this
subsection, the Board shall consult and coordinate with the
Federal Deposit Insurance Corporation as needed to promote
consistent implementation where appropriate.
``(6) Definitions.--In this subsection:
``(A) Consent application.--The term `consent application'
means an application filed with Board by an individual (or by
an insured credit union on behalf of an individual) seeking
the written consent of the Board under paragraph (1)(A).
``(B) Criminal offense involving dishonesty.--The term
`criminal offense involving dishonesty'--
``(i) means an offense under which an individual, directly
or indirectly--
``(I) cheats or defrauds; or
``(II) wrongfully takes property belonging to another in
violation of a criminal statute;
``(ii) includes an offense that Federal, State, or local
law defines as dishonest, or for which dishonesty is an
element of the offense; and
``(iii) does not include--
``(I) a misdemeanor criminal offense committed more than
one year before the date on which an individual files a
consent application, excluding any period of incarceration;
or
``(II) an offense involving the possession of controlled
substances.
``(C) Pretrial diversion or similar program.--The term
`pretrial diversion or similar program' means a program
characterized by a suspension or eventual dismissal or
reversal of charges or criminal prosecution upon agreement by
the accused to restitution, drug or alcohol rehabilitation,
anger management, or community service.''.
(c) Review and Report to Congress.--Not later than the end
of the 2-year period beginning on the date of enactment of
this Act, the Federal Deposit Insurance Corporation and the
National Credit Union Administration shall--
(1) review the rules issued to carry out this Act and the
amendments made by this Act on--
(A) the application of section 19 of the Federal Deposit
Insurance Act (12 U.S.C. 1829) and section 205(d) of the
Federal Credit Union Act (12 U.S.C. 1785(d));
(B) the number of applications for consent applications
under such sections; and
(C) the rates of approval and denial for consent
applications under such sections;
[[Page H6402]]
(2) make the results of the review required under paragraph
(1) available to the public; and
(3) issue a report to Congress containing any legislative
or regulatory recommendations for expanding employment
opportunities for those with a previous minor criminal
offense.
(d) Discretionary Surplus Fund.--
(1) In general.--Subparagraph (A) of section 7(a)(3) of the
Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by
reducing the dollar figure described in such subparagraph by
$1,500,000.
(2) Effective date.--The amendment made by subsection (a)
shall take effect on September 30, 2032.
Amendment No. 436 Offered by Mr. Lieu of California
At the end of title LVIII of division E, add the
following:
SEC. 5806. DEFINITION OF LAND USE REVENUE UNDER WEST LOS
ANGELES LEASING ACT OF 2016.
Section 2(d)(2) of the West Los Angeles Leasing Act of 2016
(Public Law 114-226) is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) to the extent specified in advance in an
appropriations Act for a fiscal year, any funds received as
compensation for an easement described in subsection (e);
and''.
Amendment No. 438 Offered by Mr. Steil of Wisconsin
Add at the end of title LIV of division E the following:
SEC. 5403. BANKING TRANSPARENCY FOR SANCTIONED PERSONS.
Not later than 180 days after the date of the enactment of
this Act, and every 180 days thereafter, the Secretary of the
Treasury shall issue a report to the Committees on Financial
Services and Foreign Affairs of the House of Representatives
and the Committees on Banking, Housing, and Urban Affairs and
Foreign Relations of the Senate that includes a copy of any
license issued by the Secretary in the preceding 180 days
that authorizes a United States financial institution (as
defined under section 561.309 of title 31, Code of Federal
Regulations) to provide financial services benefitting--
(1) a state sponsor of terrorism; or
(2) a person sanctioned pursuant to any of the following:
(A) Section 404 of the Russia and Moldova Jackson-Vanik
Repeal and Sergei Magnitsky Rule of Law Accountability Act of
2012 (Public Law 112-208).
(B) Subtitle F of title XII of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328,
the Global Magnitsky Human Rights Accountability Act).
(C) Executive Order No. 13818.
Amendment No. 439 Offered by Mr. Norcross of New Jersey
At the end of subtitle B of title XIII, add the following:
SEC. 13_. UNPAID PERUVIAN AGRARIAN REFORM BONDS.
To ensure the retirement security of over 5,000,000 United
States pensioners across the Nation, Congress urges the
Secretary of State to take action concerning unpaid Peruvian
agrarian reform bonds by encouraging the Peruvian Government
to negotiate in good faith with United States pension funds
and bondholders regarding payment of the agrarian reform
bonds.
Amendment No. 441 Offered by Mr. Thompson of Mississippi
Add at the end of division E the following:
TITLE LIX--FEDERAL EMERGENCY MANAGEMENT ADVANCEMENT OF EQUITY
SEC. 5901. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Agency.--The term ``Agency'' means the Federal
Emergency Management Agency.
(3) Emergency.--The term ``emergency'' means an emergency
declared by the President under section 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5191).
(4) Equity.--The term ``equity'' means the guarantee of
fair treatment, advancement, equal opportunity, and access
for underserved communities and others, the elimination of
barriers that have prevented full participation for
underserved communities, and the reduction of disparate
outcomes.
(5) Equitable.--The term ``equitable'' means having or
exhibiting equity.
(6) Federal assistance.--The term ``Federal assistance''
means assistance provided pursuant to--
(A) a declaration of a major disaster or emergency under
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act;
(B) sections 203 and 205 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act; and
(C) section 1366 of the National Flood Insurance Act of
1968 (42 U.S.C. 4104c).
(7) Major disaster.--The term ``major disaster'' means a
major disaster declared by the President under section 401 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170).
(8) Underserved community.--The term ``underserved
community'' means--
(A) the Native-American and Alaskan-Native community;
(B) the African-American community;
(C) the Asian community;
(D) the Hispanic community (including individuals of
Mexican, Puerto Rican, Cuban, and Central or South American
origin);
(E) the Pacific Islander community;
(F) the Middle Eastern and North African community;
(G) a rural community;
(H) a low-income community;
(I) individuals with disabilities;
(J) a limited English proficiency community;
(K) other individuals or communities otherwise adversely
affected by persistent poverty or inequality; and
(L) any other disadvantaged community, as determined by the
Administrator.
Subtitle A--Ensuring Equity in Federal Disaster Management
SEC. 5911. DATA COLLECTION, ANALYSIS, AND CRITERIA.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Administrator shall, in
consultation with the Secretary of Housing and Urban
Development and the Administrator of the Small Business
Administration, develop and implement a process to ensure
equity in the provision of Federal assistance and throughout
all programs and policies of the Agency.
(b) Specific Areas for Consultation.--In carrying out
subsection (a), the Administrator shall identify requirements
for ensuring the quality, consistency, accessibility, and
availability of information needed to identify programs and
policies of the Agency that may not support the provision of
equitable Federal assistance, including--
(1) information requirements;
(2) data sources and collection methods; and
(3) strategies for overcoming data or other information
challenges.
(c) Modification of Data Collection Systems.--The
Administrator shall modify the data collection systems of the
Agency based on the process developed under subsection (a) to
ensure the quality, consistency, accessibility, and
availability of information needed to identify any programs
and policies of the Agency that may not support the provision
of equitable Federal assistance.
SEC. 5912. CRITERIA FOR ENSURING EQUITY IN POLICIES AND
PROGRAMS.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Administrator shall develop,
disseminate, and update, as appropriate, criteria to apply to
policies and programs of the Agency to ensure equity in the
provision of Federal assistance and throughout all programs
and policies of the Agency.
(b) Consultation.--In developing and disseminating the
criteria required under subsection (a), the Administrator
shall consult with--
(1) the Office for Civil Rights and Civil Liberties of the
Department of Homeland Security;
(2) the United States Department of Housing and Urban
Development; and
(3) the Small Business Administration.
(c) Integration of Criteria.--
(1) In general.--The Administrator shall, to the maximum
extent possible, integrate the criteria developed under
subsection (a) into existing and future processes related to
the provision of Federal assistance.
(2) Priority.--The Administrator shall prioritize
integrating the criteria under paragraph (1) into processes
related to the provision of--
(A) assistance under sections 402, 403, 406, 407, 428, and
502 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170a et seq.);
(B) Federal assistance to individuals and households under
section 408 of such Act (42 U.S.C. 5174);
(C) hazard mitigation assistance under section 404 of such
Act (42 U.S.C. 5170c); and
(D) predisaster hazard mitigation assistance under section
203 of such Act (42 U.S.C. 5133).
SEC. 5913. METRICS; REPORT.
(a) Metrics.--In carrying out this subtitle, the
Administrator shall--
(1) establish metrics to measure the efficacy of the
process developed under section 5911 and the criteria
developed under section 5912; and
(2) seek input from relevant representatives of State,
regional, local, territorial, and Tribal governments,
representatives of community-based organizations, subject
matter experts, and individuals from underserved communities
impacted by disasters.
(b) Report.--Not later than one year after the
dissemination of the criteria under section 5912(a), and
annually thereafter, the Administrator shall submit to
Congress a report describing how the criteria and processes
developed under this subtitle have impacted efforts to ensure
equity in the provision of Federal assistance and throughout
all programs and policies of the Agency, including--
(1) any obstacles identified or areas for improvement with
respect to implementation of such criteria and processes,
including any recommended legislative changes;
(2) the effectiveness of such criteria and processes, as
measured by the metrics established under subsection (a); and
(3) any impacts of such criteria and processes on the
provision of Federal assistance,
[[Page H6403]]
with specific attention to impacts related to efforts within
the Agency to address barriers to access and reducing
disparate outcomes.
Subtitle B--Operational Enhancement to Improve Equity in Federal
Disaster Management
SEC. 5921. EQUITY ADVISOR.
(a) In General.--The Administrator shall designate a senior
official within the Agency as an equity advisor to the
Administrator to be responsible for advising the
Administrator on Agency efforts to ensure equity in the
provision of Federal assistance and throughout all programs
and policies of the Agency.
(b) Qualifications.--In designating an equity advisor under
subsection (a), the Administrator shall select an individual
who is a qualified expert with significant experience with
respect to equity policy, civil rights policy, or
programmatic reforms.
(c) Duties.--In addition to advising the Administrator, the
equity advisor designated under subsection (a) shall--
(1) participate in the implementation of sections 5911 and
5912;
(2) monitor equity the implementation of equity efforts
within the Agency and within Federal Emergency Management
Agency Regions to ensure consistency in the implementation of
policy or programmatic changes intended to ensure equity in
the provision of Federal assistance and throughout all
programs and policies of the Agency;
(3) identify ways to improve the policies and programs of
the Agency to ensure that such policies and programs are
equitable, including enhancing opportunities to support
underserved populations in preparedness, mitigation,
protection, response, and recovery; and
(4) any other activities the Administrator considers
appropriate.
(d) Consultation.--In carrying out the duties under this
section, the equity advisor shall, on an ongoing basis,
consult with representatives of underserved communities,
including communities directly impacted by disasters, to
evaluate opportunities and develop approaches to advancing
equity within the Agency, including by increasing
coordination, communication, and engagement with--
(1) community-based organizations;
(2) civil rights organizations;
(3) institutions of higher education;
(4) research institutions;
(5) academic organizations specializing in diversity,
equity, and inclusion issues; and
(6) religious and faith-based organizations.
SEC. 5922. EQUITY ENTERPRISE STEERING GROUP.
(a) Establishment.--There is established in the Agency a
steering group to advise the Administrator on how to ensure
equity in the provision of Federal assistance and throughout
all programs and policies of the Agency.
(b) Responsibilities.--In carrying out subsection (a), the
steering group established under this section shall--
(1) review and, as appropriate, recommend changes to
Agency-wide policies, procedures, plans, and guidance;
(2) support the development and implementation of the
processes and criteria developed under subtitle A; and
(3) monitor the integration and establishment of metrics
developed under section 5913.
(c) Composition.--The Administrator shall appoint the
following individuals as members of the steering group
established under subsection (a):
(1) Representatives from each of the following offices of
the Agency:
(A) The Office of Equal Rights.
(B) The Office of Response and Recovery.
(C) FEMA Resilience.
(D) The Office of Disability Integration and Coordination.
(E) The United States Fire Administration.
(F) The mission support office of the Agency.
(G) The Office of Chief Counsel.
(H) The Office of the Chief Financial Officer.
(I) The Office of Policy and Program Analysis.
(J) The Office of External Affairs.
(2) The administrator of each Regional Office, or his or
her designee.
(3) The equity advisor, as designated by the Administrator
under section 5921.
(4) A representative from the Office for Civil Rights and
Civil Liberties of the Department of Homeland Security.
(5) The Superintendent of the Emergency Management
Institute.
(6) The National Tribal Affairs Advisor of the Federal
Emergency Management Agency.
(7) Any other official of the Agency the Administrator
determines appropriate.
(d) Leadership.--The Administrator shall designate one or
more members of the steering group established under
subsection (a) to serve as chair of the steering group.
SEC. 5923. GAO REVIEW OF EQUITY REFORMS.
Not later than three years after the date of enactment of
this Act, the Comptroller General of the United States shall
issue a report to evaluate the implementation of this
subtitle and subtitle A.
Subtitle C--GAO Review of Factors to Determine Assistance
SEC. 5931. GAO REVIEW OF FACTORS TO DETERMINE ASSISTANCE.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Comptroller General of the United
States shall issue a report describing the factors the Agency
considers when evaluating a request from a Governor to
declare that a major disaster or emergency exists and to
authorize assistance under sections 402, 403, 406, 407, 408,
428, and 502 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170a et seq.).
(b) Contents.--The report issued under subsection (a) shall
include--
(1) an assessment of--
(A) the degree to which the factors the Agency considers
when evaluating a request for a major disaster or emergency
declaration--
(i) affect equity for underserved communities, particularly
with respect to major disaster and emergency declaration
requests, approvals of such requests, and the authorization
of assistance described in subsection (a); and
(ii) are designed to deliver equitable outcomes;
(B) how the Agency utilizes such factors or monitors
whether such factors result in equitable outcomes;
(C) the extent to which major disaster and emergency
declaration requests, approvals of such requests, and the
authorization of assistance described in subsection (a), are
more highly correlated with high-income counties compared to
lower-income counties;
(D) whether the process and administrative steps for
conducting preliminary damage assessments are equitable; and
(E) to the extent practicable, whether such factors may
deter a Governor from seeking a major disaster or emergency
declaration for potentially eligible counties; and
(2) a consideration of the extent to which such factors
affect underserved communities--
(A) of varying size;
(B) with varying population density and demographic
characteristics;
(C) with limited emergency management staff and resources;
and
(D) located in urban or rural areas.
(c) Recommendations.--The Comptroller General shall include
in the report issued under subsection (a) any recommendations
for changes to the factors the Agency considers when
evaluating a request for a major disaster or emergency
declaration to account for underserved communities.
Amendment No. 442 Offered by Mr. Phillips of Minnesota
At the appropriate place in title LVIII, insert the
following:
SEC. __. REPORT ON THE USE OF DATA AND DATA SCIENCE AT THE
DEPARTMENT OF STATE AND USAID.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General shall submit to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate a report
containing the results of a study regarding--
(1) the use of data in foreign policy, global issues policy
analysis, and decision-making at the Department of State;
(2) the use of data in development, development assistance
policy, and development program design and execution at the
United States Agency for International Development; and
(3) the use of data in recruitment, hiring, retention, and
personnel decisions at the Department of State and the United
States Agency for International Development, including the
accuracy and use of data for comprehensive strategic
workforce planning across all career and non-career hiring
mechanisms.
Amendment No. 443 Offered by Mr. McGovern of Massachusetts
At the end of title LVIII, add the following:
SEC. _. MODIFICATION OF REPORTS TO CONGRESS UNDER GLOBAL
MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY ACT.
Section 1264(a) of the Global Magnitsky Human Rights
Accountability Act (subtitle F of title XII of Public Law
114-328; 22 U.S.C. 24 2656 note) is amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) a description of additional steps taken by the
President through diplomacy, international engagement, and
assistance to foreign or security sectors to address
persistent underlying causes of conduct that is sanctionable
under section 1263 in countries where those sanctioned are
located; and
``(8) a description of additional steps taken by the
President to ensure the pursuit of judicial accountability in
appropriate jurisdictions with respect to those foreign
persons subject to sanctions under section 1263.''.
Amendment No. 445 Offered by Mrs. Torres of California
At the end of title LVIII, add the following:
SEC. 58_. DEPARTMENT OF STATE FELLOWSHIPS FOR RULE OF LAW
ACTIVITIES IN CENTRAL AMERICA.
(a) Establishment.--The Secretary of State shall establish
a fellowship program, to be known as the ``Central American
Network for Democracy'', to support a regional corps of civil
society activists, lawyers (including members of the
judiciary and prosecutors' offices), journalists, and
investigators.
[[Page H6404]]
(b) Elements.--This fellowship program shall--
(1) provide a temporary respite for members of the regional
corps in a safe environment;
(2) allow the members to continue to work via engagement
with universities, think tanks, government actors, and
international organizations; and
(3) aid the members in leveraging lessons learned in order
to contribute to regional democracy and rule of law
activities in Central America, including electoral and
transition support, institutional reform, anti-corruption
investigations, and local engagement.
(c) Regional and International Support.--The Secretary of
State shall take such steps as may be necessary--
(1) to obtain support for the fellowship program from
international foundations, regional and United States
governmental and nongovernmental organizations, and regional
and United States universities; and
(2) to ensure the fellowship program is well coordinated
with and complementary of existing mechanisms such as the
Lifeline Embattled CSO Assistance Fund.
(d) Focus; Safety.--Activities carried out under the
fellowship program--
(1) should focus on coordination and consultation with key
agencies and international bodies to continue their democracy
efforts, including the Department of State, the United States
Agency for International Development, the Organization of
American States, the Inter-American Court for Human Rights,
the United Nations, the Department of Justice, and the
Department of the Treasury; and
(2) may include strengthened protection for the physical
safety of individuals who must leave their home country to
participate in the program, including assistance for
temporary relocation, English language learning, and mental
health support.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $10,000,000 for
fiscal year 2023.
Amendment No. 449 Offered by Mr. Torres of New York
At the end of title LIII of division E of the bill, add the
following:
SEC. 5306. REPORT ON IMPROVING COUNTERTERRORISM SECURITY AT
PASSENGER RAIL STATIONS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Secretary,
in consultation with the Secretary of Transportation and
State, local, Tribal, and territorial governments, passenger
rail station owners and operators, State and local
transportation entities, and other agencies or stakeholders
as determined appropriate by the Secretary, shall submit to
the appropriate congressional committees a report on the 5
largest passenger rail stations by annual ridership and a
representative sample of 8 other-sized passenger rail
stations that contains the following:
(1) An analysis of the effectiveness of counterterrorism
measures implemented in each passenger rail station to
include prevention systems, including--
(A) surveillance systems, including cameras, and physical
law enforcement presence;
(B) response systems including--
(i) evacuation systems to allow passengers and workers to
egress the stations, mezzanines, and rail cars;
(ii) fire safety measures, including ventilation and fire
suppression systems; and
(iii) public alert systems; and
(C) recovery systems, including coordination with State and
Federal agencies.
(2) A description of any actions taken as a result of the
analysis conducted under paragraph (1).
(3) Recommendations, as appropriate, for passenger rail
station owners and operators, and State and local
transportation entities to improve counterterrorism measures
outlined in paragraph (1).
(4) Proposals, as appropriate, for legislative actions and
funding needed to improve counterterrorism measures.
(b) Report Format.--The report described in subsection (a)
shall be submitted in unclassified form, but information that
is sensitive or classified shall be included as a classified
annex.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the Committee on Homeland Security of the House of
Representatives, the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee
on Commerce, Science, and Transportation of the Senate, and
the Committee on Homeland Security and Governmental Affairs
of the Senate.
amendment no. 450 offered by mr. garcia of illinois
Page 1262, after line 23, insert the following:
SEC. ___. UKRAINE DEBT PAYMENT RELIEF.
(a) Suspension of Multilateral Debt Payments of Ukraine.--
(1) United states position in the international financial
institutions.--The Secretary of the Treasury shall instruct
the United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of
the International Financial Institutions Act) to use the
voice, vote, and influence of the United States to advocate
that the respective institution immediately suspend all debt
service payments owed to the institution by Ukraine.
(2) Official bilateral and commercial debt service payment
relief.--The Secretary of the Treasury, working in
coordination with the Secretary of State, shall commence
immediate efforts with other governments and commercial
creditor groups, through the Paris Club of Official Creditors
and other bilateral and multilateral frameworks, both formal
and informal, to pursue comprehensive debt payment relief for
Ukraine.
(3) Multilateral financial support for ukraine.--The
Secretary of the Treasury shall direct the United States
Executive Director at each international financial
institution (as defined in section 1701(c)(2) of the
International Financial Institutions Act) to use the voice
and vote of the United States to support, to the maximum
extent practicable, the provision of concessional financial
assistance for Ukraine.
(4) Multilateral financial support for refugees.--The
Secretary of the Treasury shall direct the United States
Executive Director at each international financial
institution (as defined in section 1701(c)(2) of the
International Financial Institutions Act) to use the voice
and vote of the United States to seek to provide economic
support for refugees from Ukraine, including refugees of
African descent, and for countries receiving refugees from
Ukraine.
(b) Report to the Congress.--Not later than December 31 of
each year, the President shall--
(1) submit to the Committees on Financial Services, on
Appropriations, and on Foreign Affairs of the House of
Representatives and the Committees on Foreign Relations and
on Appropriations of the Senate, a report on the activities
undertaken under this section; and
(2) make public a copy of the report.
(c) Waiver and Termination.--
(1) Waiver.--The President may waive the preceding
provisions of this section if the President determines that a
waiver is in the national interest of the United States and
reports to the Congress an explanation of the reasons
therefor.
(2) Termination.--The preceding provisions of this section
shall have no force or effect on or after the date that is 7
years after the date of the enactment of this Act.
amendment no. 452 offered by mr. garcia of illinois
At the end of title LVIII, add the following:
SEC. 58_. REPORT ON ALL COMPREHENSIVE SANCTIONS IMPOSED ON
FOREIGN GOVERNMENTS.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States, in consultation with the Secretary of State,
the Secretary of the Treasury, and the head of any other
relevant Federal department or agency that the Comptroller
General determines necessary, shall submit to the appropriate
congressional committees a report on all comprehensive
sanctions imposed on de jure or de facto governments of
foreign countries, and all comprehensive sanctions imposed on
non-state actors that exercise significant de facto
governmental control over a foreign civilian population,
under any provision of law.
(b) Matters to Be Included.--The report required by
subsection (a) shall include--
(1) an assessment of the effect of sanctions imposed on the
government of each foreign country and each non-state actor
that exercises significant de facto governmental control over
a foreign civilian population described in subsection (a)
on--
(A) the ability of civilian population of the country to
access water, food, sanitation, and public health services,
including all humanitarian aid and supplies related to the
prevention, diagnosis, and treatment of COVID-19;
(B) the changes to the general mortality rate, maternal
mortality rate, life expectancy, and literacy;
(C) the extent to which there is an increase in refugees or
migration to or from the country or an increase in internally
displaced people in the country;
(D) the degree of international compliance and non-
compliance of the country; and
(E) the licensing of transactions to allow access to
essential goods and services to vulnerable populations,
including the number of licenses applied for, approved, or
denied and reasons why such licenses were denied, and average
time to receive a decision; and
(2) a description of the purpose of sanctions imposed on
the government of each foreign country and each non-state
actor that exercises significant de facto governmental
control over a foreign civilian population described in
subsection (a) and the required legal or political authority,
including--
(A) an assessment of United States national security;
(B) an assessment of whether the stated foreign policy
goals of the sanctions are being met;
(C) the degree of international support or opposition to
the sanctions; and
(D) an assessment of such sanctions on United States
businesses, consumers, and financial institutions.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex. The unclassified portion of the report shall be
published on a publicly-available website of the Government
of the United States.
[[Page H6405]]
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Ways and Means of
the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Finance of the Senate.
amendment no. 453 offered by mrs. carolyn b. maloney of new york
Add at the end of title XI the following:
Subtitle B--PLUM Act of 2022
SEC. 1121. SHORT TITLE.
This subtitle may be cited as the ``Periodically Listing
Updates to Management Act of 2022'' or the ``PLUM Act of
2022''.
SEC. 1122. ESTABLISHMENT OF PUBLIC WEBSITE ON GOVERNMENT
POLICY AND SUPPORTING POSITIONS.
(a) Establishment.--
(1) In general.--Subchapter I of chapter 33 of title 5,
United States Code, is amended by adding at the end the
following:
``Sec. 3330f. Government policy and supporting position data
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' means--
``(A) any Executive agency, the United States Postal
Service, and the Postal Regulatory Commission; and
``(B) the Executive Office of the President and any
component within that Office (including any successor
component), including--
``(i) the Council of Economic Advisors;
``(ii) the Council on Environmental Quality;
``(iii) the National Security Council;
``(iv) the Office of the Vice President;
``(v) the Office of Policy Development;
``(vi) the Office of Administration;
``(vii) the Office of Management and Budget;
``(viii) the Office of the United States Trade
Representative;
``(ix) the Office of Science and Technology Policy;
``(x) the Office of National Drug Control Policy; and
``(xi) the White House Office, including the White House
Office of Presidential Personnel.
``(2) Appointee.--The term `appointee'--
``(A) means an individual serving in a policy and
supporting position; and
``(B) includes an individual serving in such a position
temporarily in an acting capacity in accordance with--
``(i) sections 3345 through 3349d (commonly referred to as
the `Federal Vacancies Reform Act of 1998');
``(ii) any other statutory provision described in section
3347(a)(1); or
``(iii) a Presidential appointment described in section
3347(a)(2).
``(3) Covered website.--The term `covered website' means
the website established and maintained by the Director under
subsection (b).
``(4) Director.--The term `Director' means the Director of
the Office of Personnel Management.
``(5) Policy and supporting position.--The term `policy and
supporting position'--
``(A) means any position at an agency, as determined by the
Director, that, but for this section and section 2(b)(3) of
the PLUM Act of 2022, would be included in the publication
entitled `United States Government Policy and Supporting
Positions' (commonly referred to as the `Plum Book'); and
``(B) may include--
``(i) a position on any level of the Executive Schedule
under subchapter II of chapter 53, or another position with
an equivalent rate of pay;
``(ii) a general position (as defined in section
3132(a)(9)) in the Senior Executive service;
``(iii) a position in the Senior Foreign Service;
``(iv) a position of a confidential or policy-determining
character under schedule C of subpart C of part 213 of title
5, Code of Federal Regulations, or any successor regulation;
and
``(v) any other position classified at or above level GS-14
of the General Schedule (or equivalent) that is excepted from
the competitive service by law because of the confidential or
policy-determining nature of the position duties.
``(b) Establishment of Website.--Not later than 1 year
after the date of enactment of the PLUM Act of 2022, the
Director shall establish, and thereafter the Director shall
maintain, a public website containing the following
information for the President in office on the date of
establishment and for each subsequent President:
``(1) Each policy and supporting position in the Federal
Government, including any such position that is vacant.
``(2) The name of each individual who--
``(A) is serving in a position described in paragraph (1);
or
``(B) previously served in a position described in such
paragraph under the applicable President.
``(3) Information on--
``(A) any Government-wide or agency-wide limitation on the
total number of positions in the Senior Executive Service
under section 3133 or 3134 or the total number of positions
under schedule C of subpart C of part 213 of title 5, Code of
Federal Regulations; and
``(B) the total number of individuals occupying such
positions.
``(c) Contents.--With respect to any policy and supporting
position listed on the covered website, the Director shall
include--
``(1) the agency, and agency component, (including the
agency and bureau code used by the Office of Management and
Budget) in which the position is located;
``(2) the name of the position;
``(3) the name of the individual occupying the position (if
any);
``(4) the geographic location of the position, including
the city, State or province, and country;
``(5) the pay system under which the position is paid;
``(6) the level, grade, or rate of pay;
``(7) the term or duration of the appointment (if any);
``(8) the expiration date, in the case of a time-limited
appointment;
``(9) a unique identifier for each appointee;
``(10) whether the position is vacant; and
``(11) for any position that is vacant--
``(A) for a position for which appointment is required to
be made by the President, by and with the advice and consent
of the Senate, the name of the acting official; and
``(B) for other positions, the name of the official
performing the duties of the vacant position.
``(d) Current Data.--For each agency, the Director shall
indicate in the information on the covered website the date
that the agency last updated the data.
``(e) Format.--The Director shall make the data on the
covered website available to the public at no cost over the
internet in a searchable, sortable, downloadable, and
machine-readable format so that the data qualifies as an open
Government data asset, as defined in section 3502 of title
44.
``(f) Authority of Director.--
``(1) Information required.--Each agency shall provide to
the Director any information that the Director determines
necessary to establish and maintain the covered website,
including the information uploaded under paragraph (4).
``(2) Requirements for agencies.--Not later than 1 year
after the date of enactment of the PLUM Act of 2022, the
Director shall issue instructions to agencies with specific
requirements for the provision or uploading of information
required under paragraph (1), including--
``(A) specific data standards that an agency shall follow
to ensure that the information is complete, accurate, and
reliable;
``(B) data quality assurance methods; and
``(C) the timeframe during which an agency shall provide or
upload the information, including the timeframe described
under paragraph (4).
``(3) Public accountability.--The Director shall identify
on the covered website any agency that has failed to
provide--
``(A) the information required by the Director;
``(B) complete, accurate, and reliable information; or
``(C) the information during the timeframe specified by the
Director.
``(4) Annual updates.--
``(A) In general.--Not later than 90 days after the date on
which the covered website is established, and not less than
once during each year thereafter, the head of each agency
shall upload to the covered website updated information (if
any) on--
``(i) the policy and supporting positions in the agency;
``(ii) the appointees occupying such positions in the
agency; and
``(iii) the former appointees who served in such positions
in the agency under the President then in office.
``(B) Supplement not supplant.--Information provided under
subparagraph (A) shall supplement, not supplant, previously
provided information under that subparagraph.
``(5) OPM help desk.--The Director shall establish a
central help desk, to be operated by not more than 1 full-
time employee, to assist any agency with implementing this
section.
``(6) Coordination.--The Director may designate 1 or more
agencies to participate in the development, establishment,
operation, and support of the covered website. With respect
to any such designation, the Director may specify the scope
of the responsibilities of the agency so designated.
``(7) Data standards and timing.--The Director shall make
available on the covered website information regarding data
collection standards, quality assurance methods, and time
frames for reporting data to the Director.
``(8) Regulations.--The Director may prescribe regulations
necessary for the administration of this section.
``(g) Responsibility of Agencies.--
``(1) Provision of information.--Each agency shall comply
with the instructions and guidance issued by the Director to
carry out this section, and, upon request of the Director,
shall provide appropriate assistance to the Director to
ensure the successful operation of the covered website in the
manner and within the timeframe specified by the Director
under subsection (f)(2).
``(2) Ensuring completeness, accuracy, and reliability.--
With respect to any submission of information described in
paragraph (1), the head of an agency shall include--
``(A) an explanation of how the agency ensured the
information is complete, accurate, and reliable; and
[[Page H6406]]
``(B) a certification that the information is complete,
accurate, and reliable.
``(h) Information Verification.--
``(1) Confirmation.--
``(A) In general.--On the date that is 90 days after the
date on which the covered website is established, the
Director, in coordination with the White House Office of
Presidential Personnel, shall confirm that the information on
the covered website is complete, accurate, reliable, and up-
to-date.
``(B) Certification.--On the date on which the Director
makes a confirmation under subparagraph (A), the Director
shall publish on the covered website a certification that the
confirmation has been made.
``(2) Authority of director.--In carrying out paragraph
(1), the Director may--
``(A) request additional information from an agency; and
``(B) use any additional information provided to the
Director or the White House Office of Presidential Personnel
for the purposes of verification.
``(3) Public comment.--The Director shall establish a
process under which members of the public may provide
feedback regarding the accuracy of the information on the
covered website.
``(i) Data Archiving.--
``(1) In general.--As soon as practicable after a
transitional inauguration day (as defined in section 3349a),
the Director, in consultation with the Archivist of the
United States, shall archive the data that was compiled on
the covered website for the preceding presidential
administration.
``(2) Public availability.--The Director shall make the
data described in paragraph (1) publicly available over the
internet--
``(A) on, or through a link on, the covered website;
``(B) at no cost; and
``(C) in a searchable, sortable, downloadable, and machine-
readable format.''.
(2) Clerical amendment.--The table of sections for
subchapter I of chapter 33 of title 5, United States Code, is
amended by adding at the end the following:
``3330f. Government policy and supporting position data.''.
(b) Other Matters.--
(1) Definitions.--In this subsection, the terms ``agency'',
``covered website'', ``Director'', and ``policy and
supporting position'' have the meanings given those terms in
section 3330f of title 5, United States Code, as added by
subsection (a).
(2) GAO review and report.--Not later than 1 year after the
date on which the Director establishes the covered website,
the Comptroller General of the United States shall conduct a
review of, and issue a briefing or report on, the
implementation of this subtitle and the amendments made by
this subtitle, which shall include--
(A) the quality of data required to be collected and
whether the data is complete, accurate, timely, and reliable;
(B) any challenges experienced by agencies in implementing
this subtitle and the amendments made by this subtitle; and
(C) any suggestions or modifications to enhance compliance
with this subtitle and the amendments made by this subtitle,
including best practices for agencies to follow.
(3) Sunset of plum book.--Beginning on January 1, 2026--
(A) the covered website shall serve as the public directory
for policy and supporting positions in the Government; and
(B) the publication entitled ``United States Government
Policy and Supporting Positions'', commonly referred to as
the ``Plum Book'', shall no longer be issued or published.
(4) Funding.--
(A) In general.--No additional amounts are authorized to be
appropriated to carry out this subtitle or the amendments
made by this subtitle.
(B) Other funding.--The Director shall carry out this
subtitle and the amendments made by this subtitle using
amounts otherwise available to the Director.
amendment no. 457 offered by mr. neguse of colorado
At the end of title LV of division E, add the following:
SEC. 5505. CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL.
(a) Completion of Trail.--
(1) In general.--Not later than November 10, 2028, the
Secretary and the Secretary of the Interior shall, to the
maximum extent practicable, ensure the completion of the
Continental Divide National Scenic Trail as a contiguous
route, consistent with the following provisions of the
National Trails System Act:
(A) Section 3(a)(2) (16 U.S.C. 1242(a)(2)).
(B) Section 5(a)(5) (16 U.S.C. 1244(a)(5)).
(C) Section 7 (16 U.S.C. 1246).
(2) Priority of actions.--The Secretary and the Secretary
of the Interior shall, to the maximum extent practicable,
take necessary actions to achieve this goal, including the
following steps, listed in order of priority:
(A) Complete the Continental Divide National Scenic Trail
by acquiring land or an interest in land, or by encouraging
States or local governments to enter into cooperative
agreements to acquire interests in land, to eliminate gaps
between sections of the Trail while maintaining the nature
and purposes of the Trail.
(B) Optimize the Trail by relocating incompatible existing
portions of the Trail on Federal land as necessary to provide
for maximum outdoor recreation potential and for the
conservation and enjoyment of the nationally significant
scenic, historic, natural, or cultural qualities of the areas
through which the Trail passes, consistent with the Trail's
nature and purposes.
(C) Publish maps of the completed Trail corridor.
(b) Trail Completion Team.--
(1) In general.--In carrying out subsection (a), not later
than 1 year after the date of the enactment of this section,
the Secretary, in coordination with the Secretary of the
Interior, shall establish a joint Forest Service and Bureau
of Land Management trail completion team to work in
coordination with the Trail Administrator to facilitate the
completion and optimization of the Trail, pursuant to the
purposes of section 3(a)(2) of the National Trails System Act
(16 U.S.C. 1242(a)(2)) and the Trail's nature and purposes.
(2) Duties of the team.--The Team shall:
(A) Implement land and right-of-way acquisitions,
relocations, and trail construction consistent with any
Optimal Location Review for the trail, giving priority to
land that--
(i) eliminates gaps between segments of the Trail;
(ii) may be acquired by the Secretary or the Secretary of
the Interior by purchase from a willing seller, donation,
exchange, or by cooperative agreement;
(iii) is best suited for inclusion in the Trail corridor in
accordance with the purposes, policies, and provisions of the
National Trails System Act (16 U.S.C. 1241 et seq.); and
(iv) has been identified as a segment of the Trail on
Federal land that should be relocated to provide for maximum
outdoor recreation potential and the conservation and
enjoyment of the nationally significant scenic, historic,
natural, or cultural qualities of the areas through which the
Trail passes.
(B) Provide the necessary administrative and technical
support to complete the Trail corridor under subsection (a).
(C) As appropriate, consult with other Federal agencies,
Governors of affected States, Indian Tribes, Land Grants-
Mercedes, Acequias, relevant landowners or land users of an
acequia or land grant-merced, the Continental Divide Trail
Coalition, and other volunteer and nonprofit organizations
that assist in, or whose members may be affected by, the
development, maintenance, and management of the Trail.
(D) Support the Secretary in the development of the
acquisition and development plan under subsection (c) and
annual reports under subsection (f).
(c) Comprehensive Acquisition and Development Plan.--
(1) In general.--Not later than 2 years after the
establishment of the Team under subsection (b), the Secretary
shall submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate a comprehensive acquisition
and development plan for the Trail.
(2) Contents of plan.--The comprehensive acquisition and
development plan should--
(A) identify any gaps in the Trail where the Secretary and
the Secretary of the Interior have not been able to acquire
land or interests in land by purchase from a willing seller,
by donation, by exchange, or by cooperative agreement;
(B) include a plan for closing such gaps by acquiring lands
or interests in land; and
(C) include general and site-specific development plans,
including anticipated costs.
(d) Method of Acquisition.--In carrying out this section,
the Secretary and the Secretary of the Interior--
(1) may acquire land only by purchase from a willing seller
with donated or appropriated funds, by donation, or by
exchange; and
(2) may not acquire land by eminent domain.
(e) Maintaining Existing Partnerships.--In carrying out
this section, the Secretary, the Secretary of the Interior,
and the Team shall continue to maintain and develop working
relationships with volunteer and nonprofit organizations that
assist in the development, maintenance, and management of the
Trail.
(f) Reports.--Not later than September 30, 2024, and at the
close of each fiscal year until the acquisition and
development plan is fully implemented, the Secretary shall
report on the following, in writing, to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate:
(1) The progress in acquiring land or interests in land to
complete the Trail consistent with this section.
(2) The amount of land or interests in land acquired during
the fiscal year and the amount expended for such land or
interests in land.
(3) The amount of land or interests in land planned for
acquisition in the ensuing fiscal year and the estimated cost
of such land or interests in land.
(4) The estimated amount of land or interests in land
remaining to be acquired.
(5) The amount of existing Trail miles on Federal lands
that need to be relocated to provide for maximum outdoor
recreation potential and for conservation and enjoyment of
the nationally significant scenic, historic, natural, or
cultural qualities of the areas through which the Trail
passes.
(g) Definitions.--In this section:
(1) Acequia.--The term ``acequia'' has the meaning of the
term ``community ditch'' as
[[Page H6407]]
such term is defined under section 73-2-27 of the New Mexico
Statutes.
(2) Land grant-merced.--The term ``land grant-merced''
means a community land grant issued under the laws or customs
of the Government of Spain or Mexico that is recognized under
chapter 49 of the New Mexico Statutes (or a successor
statute).
(3) Optimal location review.--The term ``Optimal Location
Review'' means the procedures described in the Continental
Divide National Scenic Trail Optimal Location Review Guide,
dated November 2017.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
(5) Team.--The term ``Team'' means the trail completion
team established under subsection (b).
(6) Trail.--The term ``Trail'' means the Continental Divide
National Scenic Trail established by section 5 of the
National Trails System Act (16 U.S.C. 1244).
amendment no. 458 offered by mr. garamendi of california
At the end of title LV of division E, insert the following:
SEC. 5505. SACRAMENTO-SAN JOAQUIN DELTA NATIONAL HERITAGE
AREA.
Section 6001(a)(4)(A) of the John D. Dingell, Jr.
Conservation, Management, and Recreation Act (Public Law 116-
9) is amended by adding at the end the following: ``In
addition, the Sacramento-San Joaquin Delta National Heritage
Area shall include the area depicted as `Rio Vista/Expansion
Area' on the map entitled `Sacramento-San Joaquin Delta
National Heritage Area Proposed Boundary Expansion' and dated
February 2021.''.
amendment no. 459 offered by mr. mcgovern of massachusetts
Add at the end of title LIV of division E the following:
SEC. 54__. GRANT PROGRAM FOR GRANDFAMILY HOUSING.
(a) In General.--Title II of the LEGACY Act of 2003 (12
U.S.C. 1790q note) is amended by adding at the end the
following:
``SEC. 206. GRANT PROGRAM.
``(a) In General.--The Secretary shall, not later than 180
days after the date of the enactment of this section,
establish a program to provide grants to owners of
intergenerational dwelling units.
``(b) Application.--To be eligible to receive a grant under
this section, an owner of an intergenerational dwelling unit
shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
may reasonably require.
``(c) Use of Grant Amounts.--An owner of an
intergenerational dwelling unit that receives a grant under
this section shall use amounts provided to cover costs
associated with--
``(1) employing a service coordinator to--
``(A) offer onsite services to intergenerational families,
including tutoring, health care services, afterschool care,
and activities that are age appropriate for children of
various ages of development; and
``(B) coordinate with any local kinship navigator program
(as described in section 474(a)(7) of the Social Security Act
(42 U.S.C. 674(a)(7));
``(2) facilitating outreach to intergenerational families
as described in subsection (d);
``(3) planning and offering services to intergenerational
families; and
``(4) retrofitting and maintaining existing spaces within
the property that contains the intergenerational dwelling
unit for the services and programs provided to
intergenerational families.
``(d) Outreach.--
``(1) In general.--An owner of an intergenerational
dwelling unit that receives a grant under this section shall
engage with intergenerational families in the community
surrounding the property that contains the grandfamily
housing owned by the grant recipient by--
``(A) performing periodic informational outreach; and
``(B) planning and executing events for intergenerational
families.
``(2) Coordination.--Outreach under this subsection shall,
where possible, be in coordination with a local kinship
navigator program (as described in section 474(a)(7) of the
Social Security Act (42 U.S.C. 674(a)(7)) or a comparable
program or entity in the State in which the intergenerational
dwelling unit is located.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this section $50,000,000 for each of fiscal years 2023 and
2024.
``(f) Nondiscrimination.--The program established under
this section shall be implemented by the Secretary in a
manner that is consistent with the Fair Housing Act.''.
(b) VAWA Protections.--Section 41411(a)(3) of the Violence
Against Women Act of 1994 (34 U.S.C. 12491(a)(3)) is
amended--
(1) by redesignating subparagraphs (O) and (P) as
subparagraphs (P) and (Q), respectively; and
(2) by inserting after paragraph (N) the following:
``(O) the program established under the Grandfamily Housing
Act of 2022;''.
(c) Report.--Not later than 2 years after the date of
enactment of this section, the Secretary of Housing and Urban
Development shall submit to the Congress a report that--
(1) describes the effectiveness of the grant program
established under section 206 of the LEGACY Act of 2003, as
added by subsection (a); and
(2) makes recommendations for legislative changes that
could allow for the grant program to be more effective.
amendment no. 460 offered by ms. escobar of texas
At the end of title LVIII of division E, insert the
following:
SEC. ___. WASTEWATER ASSISTANCE TO COLONIAS.
Section 307 of the Safe Drinking Water Act Amendments of
1996 (33 U.S.C. 1281 note) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) Covered entity.--The term `covered entity' means each
of the following:
``(A) A border State.
``(B) A local government with jurisdiction over an eligible
community.'';
(2) in subsection (b), by striking ``border State'' and
inserting ``covered entity'';
(3) in subsection (d), by striking ``shall not exceed 50
percent'' and inserting ``may not be less than 80 percent'';
and
(4) in subsection (e)--
(A) by striking ``$25,000,000'' and inserting
``$100,000,000''; and
(B) by striking ``1997 through 1999'' and inserting ``2023
through 2027''.
amendment no. 462 offered by ms. clark of massachusetts
Add at the end of title LVIII of division E the following:
SEC. 58__. CONTRACTS BY THE PRESIDENT, THE VICE PRESIDENT, OR
A CABINET MEMBER.
(a) Amendment.--Section 431 of title 18, United States
Code, is amended--
(1) in the section heading, by inserting ``the President,
the Vice President, a Cabinet Member, or a'' after
``Contracts by''; and
(2) in the first undesignated paragraph, by inserting ``the
President, the Vice President, or any member of the
Cabinet,'' after ``Whoever, being''.
(b) Table of Sections Amendment.--The table of sections for
chapter 23 of title 18, United States Code, is amended by
striking the item relating to section 431 and inserting the
following:
``431. Contracts by the President, the Vice President, a Cabinet
Member, or a Member of Congress.''.
amendment no. 463 offered by mr. tonko of new york
Add at the end of title LV the following:
SEC. 5505. NEW YORK-NEW JERSEY WATERSHED PROTECTION.
(a) Program Establishment.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall establish a
nonregulatory program to be known as the ``New York-New
Jersey Watershed Restoration Program''.
(2) Duties.--In carrying out the program, the Secretary
shall--
(A) draw on existing and new approved plans for the
Watershed, or portions of the Watershed, and work in
consultation with applicable management entities, including
representatives of the New York-New Jersey Harbor and Estuary
Program (HEP), Hudson River Estuary Program, Mohawk River
Basin Program, Sustainable Raritan River Initiative, the
Federal Government, and other State and local governments,
and regional and nonprofit organizations, as appropriate, to
identify, prioritize, and implement restoration and
protection activities within the Watershed; and
(B) adopt a Watershed-wide strategy that--
(i) supports the implementation of a shared set of science-
based restoration and protection activities developed in
accordance with subparagraph (A);
(ii) targets cost-effective projects with measurable
results;
(iii) maximizes conservation outcomes;
(iv) prioritizes the needs of communities lacking in
environmental justice; and
(v) establishes the voluntary grant and technical
assistance programs authorized in this section.
(3) Consultation.--In establishing the program, the
Secretary shall, as appropriate--
(A) consult with--
(i) the heads of Federal agencies, including--
(I) the Administrator of the Environmental Protection
Agency;
(II) the Administrator of the National Oceanic and
Atmospheric Administration;
(III) the Secretary of Agriculture; and
(IV) the Director of the National Park Service; and
(ii) Indian Tribes; and
(B) coordinate with --
(i) the Governors of New York and New Jersey and the
Commissioner of the New York State Department of
Environmental Conservation and the Director of the New Jersey
Division of Fish and Wildlife;
(ii) the New York-New Jersey Harbor & Estuary Program; and
(iii) other public agencies and organizations with
authority for the planning and implementation of conservation
strategies in the Watershed.
(4) Purposes.--The purposes of the program include--
[[Page H6408]]
(A) coordinating restoration and protection activities
among Federal, State, local, and regional entities and
conservation partners throughout the Watershed;
(B) carrying out coordinated restoration and protection
activities, and providing for technical assistance throughout
the Watershed--
(i) to sustain and enhance fish and wildlife habitat
restoration and protection activities;
(ii) to improve and maintain water quality to support fish,
wildlife, and their habitat, as well as to improve
opportunities for public access and recreation in the
Watershed consistent with the ecological needs of fish and
wildlife habitat;
(iii) to advance the use of natural and nature-based
features, living shoreline, and other green infrastructure
techniques to maximize the resilience of communities, natural
systems, and habitats under changing sea levels, storm risks,
and watershed conditions;
(iv) to engage the public, communities experiencing
environmental injustice, through outreach, education, and
community involvement to increase capacity and support for
coordinated restoration and protection activities in the
Watershed;
(v) to increase scientific capacity to support the
planning, monitoring, and research activities necessary to
carry out coordinated restoration and protection activities;
(vi) to provide for feasibility and planning studies for
green infrastructure projects that achieve habitat
restoration and stormwater management goals;
(vii) to support land conservation and management
activities necessary to fulfill the Watershed-wide strategy
adopted under subsection (a)(2)(B);
(viii) to provide technical assistance to carry out
restoration and protection activities in the Watershed;
(ix) to monitor environmental quality to assess progress
toward the goals of this section; and
(x) to improve fish and wildlife habitats, as well as
opportunities for personal recreation, along rivers and shore
fronts within communities lacking in environmental justice;
and
(C) other activities necessary for the implementation of
approved plans.
(b) New York-New Jersey Watershed Restoration Grant
Program.--
(1) Establishment.--The Secretary shall establish a
voluntary grant and technical assistance program, to be known
as the ``New York-New Jersey Watershed Restoration Grant
Program'', to provide competitive matching grants of varying
amounts to State and local governments, nonprofit
organizations, institutions of higher education, and other
eligible entities to carry out activities described in
subsection (a)(4).
(2) Criteria.--The Secretary, in consultation with the
agencies, organizations, and other persons referred to in
section 404(c), shall develop criteria for the grant program
to help ensure that activities funded under this section
accomplish one or more of the purposes identified in
subsection (a)(4) and advance the implementation of priority
actions or needs identified in the Watershed-wide strategy
adopted under subsection (a)(2)(B).
(3) Capacity building.--The Secretary shall include grant
program provisions designed to increase the effectiveness of
organizations that work at the nexus of natural resource and
community health issues within the New York-New Jersey
Watershed by addressing organizational capacity needs.
(4) Cost sharing.--
(A) Department of the interior share.--The Department of
the Interior share of the cost of a project funded under the
grant program shall not exceed 50 percent of the total cost
of the activity, as determined by the Secretary.
(B) Non-department of the interior share.--The non-
Department of the Interior share of the cost of a project
funded under the grant program may be provided in cash or in
the form of an in-kind contribution of services or materials.
(c) Administration.--
(1) In general.--The Secretary may enter into an agreement
to manage the grant program with the National Fish and
Wildlife Foundation or a similar organization that offers
grant management services.
(2) Funding.--If the Secretary enters into an agreement
under paragraph (A), the organization selected shall--
(A) for each fiscal year, receive amounts made available to
carry out this section in an advance payment of the entire
amounts on October 1 of that fiscal year, or as soon as
practicable thereafter;
(B) invest and reinvest those amounts for the benefit of
the grant program; and
(C) otherwise administer the grant program to support
partnerships between the public and private sectors in
accordance with this section.
(3) Requirements.--If the Secretary enters into an
agreement with the Foundation under subparagraph (A), any
amounts received by the Foundation under this section shall
be subject to the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3701 et seq.), excluding section
10(a) of that Act (16 U.S.C. 3709(a)).
(d) Annual Reports.--Not later than 180 days after the date
of enactment of this Act and annually thereafter, the
Secretary shall submit to the Congress a report on the
implementation of this section, including a description of
each project that has received funding under this section in
the preceding fiscal year.
(e) Prohibition on Federal Land Holdings.--The Federal
Government may not maintain ownership of any land acquired
under this section except for the purpose of promptly
transferring ownership to a State or local entity.
(f) Sunset.--This section shall have no force or effect
after September 30, 2030.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary to carry out this section $20,000,000 for each
of fiscal years 2023 through 2028, of which not more than 3
percent shall be used for administrative costs to carry out
this section.
(2) Use for grant program.--Of any amount made available
under this section for each fiscal year, the Secretary shall
use at least 75 percent to carry out the grant program under
subsection (b) and to provide, or provide for, technical
assistance under such program.
(h) Definitions.--In this section:
(1) Approved plans.--The term ``approved plan''--
(A) means any plan for management of the New York-New
Jersey Watershed--
(i) that has been approved by a Federal, regional, State,
or local governmental entity, including State Wildlife Action
Plans, Comprehensive Conservation Management Plans, Watershed
Improvement Plans; or
(ii) that is determined by the Director, in consultation
with such entities, to contribute to the achievement of the
purposes of this section; and
(B) includes the New York-New Jersey Harbor & Estuary
Program (HEP) Action Agenda, the Hudson Raritan Comprehensive
Restoration Plan, the Hudson River Comprehensive Restoration
Plan, the Hudson River Estuary Program Action Agenda, the
Hudson River Park Trust Estuarine Sanctuary Management Plan,
the Mohawk River Action Agenda, the Sustainable Raritan River
Initiative Action Plan, the Lower Passaic and Bronx & Harlem
Federal Urban Waters Partnership Workplans, the New Jersey
Sports and Exhibition Authority Meadowlands Restoration Plan,
as well as other critical conservation projects in the region
that achieve the purposes of this section.
(2) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(3) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all people regardless of race, color, national origin, or
income, with respect to the development, implementation, and
enforcement of environmental laws, regulations, and policies.
(4) Foundation.--The term ``Foundation'' means the National
Fish and Wildlife Foundation.
(5) Grant program.--The term ``grant program'' means the
voluntary New York-New Jersey Watershed Restoration Grant
Program established under section 405.
(6) Program.--The term ``program'' means the New York-New
Jersey Watershed Restoration Program established under
section 404.
(7) Restoration and protection.--The term ``restoration and
protection'' means the conservation, stewardship, and
enhancement of habitat for fish and wildlife and water
quality to preserve and improve ecosystems and ecological
processes on which they depend and for use and enjoyment by
the public.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director.
(9) Service.--The term ``Service'' means the United States
Fish and Wildlife Service.
(10) Watershed.--The term ``Watershed'' means the New York-
New Jersey Watershed, which is comprised of all land area
whose surface water drains into New York-New Jersey Harbor,
the waters contained within that land area, and the estuaries
associated with those watersheds.
amendment no. 464 offered by mr. higgins of new york
At the end of title LV of division E, add the following:
SECTION 5505. AUTHORIZATION OF APPROPRIATIONS FOR THE
NATIONAL MARITIME HERITAGE GRANT PROGRAM.
Section 308703 of title 54, United States Code, is
amended--
(1) in subsection (b)(1), by inserting ``subsection (k)
and'' after ``amounts for that purpose under'';
(2) in subsection (c)(1), by inserting ``subsection (k)
and'' after ``amounts for that purpose under''; and
(3) by adding at the end the following:
``(k) Authorization of Appropriations.--There are hereby
authorized to be appropriated to the Secretary $10,000,000
for each of fiscal years 2023 and 2024 to carry out this
section.''.
amendment no. 466 offered by mrs. axne of iowa
Add at the end of title LIV of division E the following:
SEC. 54__. FLEXIBILITY IN ADDRESSING RURAL HOMELESSNESS.
Subsection (a) of section 423 of subtitle C of title IV of
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11383(a)) is amended by adding at the end the following:
``(13) Projects in rural areas that consist of one or more
of the following activities:
``(A) Payment of short-term emergency lodging, including in
motels or shelters, directly or through vouchers.
``(B) Repairs to units--
[[Page H6409]]
``(i) in which homeless individuals and families will be
housed; or
``(ii) which are currently not fit for human habitation.
``(C) Staff training, professional development, skill
development, and staff retention activities.''.
amendment no. 467 offered by mr. baird of indiana
At the end of title LI, insert the following new section:
SEC. 51__. REQUIREMENT FOR TIMELY SCHEDULING OF APPOINTMENTS
AT MEDICAL FACILITIES OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) Requirement.--Chapter 17 of title 38, United States
Code, is amended--
(1) by redesignating section 1706A as section 1706B; and
(2) by inserting after section 1706 the following new
section:
``Sec. 1706A. Management of health care: timely scheduling of
appointments at Department facilities
``(a) Requirement for Scheduling.--In managing the
provision of hospital care and medical services at medical
facilities of the Department of Veterans Affairs under this
chapter, the Secretary shall ensure that whenever a covered
veteran contacts the Department by telephone to request the
scheduling of an appointment for care or services for the
covered veteran at such a facility, the scheduling for the
appointment occurs during that telephone call (regardless of
the prospective date of the appointment being scheduled).
``(b) Covered Veteran Defined.--In this section, the term
`covered veteran' means a veteran who is enrolled in the
system of patient enrollment of the Department under section
1705(a) of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by striking the item
relating to section 1706A and inserting the following new
items:
``1706A. Management of health care: timely scheduling of appointments
at Department facilities.
``1706B. Remediation of medical service lines.''.
(c) Applicability.--The amendments made by subsection (a)
shall apply with respect to requests for appointment
scheduling occurring on or after the date that is 120 days
after the date of the enactment of this Act.
amendment no. 468 offered by mr. barr of kentucky
At the end of subtitle B of title XIII, add the following:
SEC. 13_. REPORT ON CHINESE SUPPORT TO RUSSIA WITH RESPECT TO
ITS UNPROVOKED INVASION OF AND FULL-SCALE WAR
AGAINST UKRAINE.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act and every 90 days thereafter, the
Secretary of State, in consultation with the Secretary of
Commerce and the Director of National Intelligence as
appropriate, shall submit to the appropriate congressional
committees a report on whether and how the People's Republic
of China, including the Government of the People's Republic
of China, the Chinese Communist Party, any Chinese state-
owned enterprise, and any other Chinese entity, has provided
support to the Russian Federation with respect to its
unprovoked invasion of and full-scale war against Ukraine.
(b) Matters To Be Included.--The report required by
subsection (a) shall include a discussion of the People's
Republic of China support to the Russian Federation with
respect to--
(1) helping the Government of Russia or Russian entities
evade or circumvent United States sanctions or multilateral
sanctions and export controls;
(2) deliberately inhibiting onsite United States Government
export control end-use checks, including interviews and
investigations, in China;
(3) providing Russia with any technology, including
semiconductors classified as EAR99, that supports Russian
intelligence or military capabilities;
(4) establishing economic or financial arrangements that
will have the effect of alleviating the impact of United
States sanctions or multilateral sanctions;
(5) furthering Russia's disinformation and propaganda
efforts;
(6) coordinating to hinder the response of multilateral
organizations, including the United Nations, to provide
assistance to the people or Government of Ukraine, to condemn
Russia's war, to hold Russia accountable for the invasion and
its prosecution of the war, or to hold those complicit
accountable; and
(7) providing any material, technical, or logistical
support, including to Russian military or intelligence
agencies and state-owned or state-linked enterprises.
(c) Form.--
(1) In general.--The report required by subsection (a)
shall be submitted in unclassified form and published on the
Department of State's publicly available website.
(2) Exception.--If the Secretary, in consultation with the
Director of National Intelligence, certifies to the
appropriate congressional committees that the Secretary is
unable to include an element required under paragraphs (1)
through (7) of subsection (b) in an unclassified manner, the
Secretary shall provide in unclassified form an affirmative
or negative determination for each element required under
subsections (b)(1)-(7) whether the People's Republic of China
is supporting the Russian Federation in that manner and
concurrently provide the discussion of that element to the
committees at the lowest possible classification level,
consistent with the protection of sources and methods.
(d) Sunset.--The requirement to submit the report required
by subsection (a) shall terminate on the earlier of--
(1) the date on which the Secretary of State determines the
conflict in Ukraine has ended; or
(2) the date that is 2 years after the date of the
enactment of this Act.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(3) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Select Committee
on Intelligence of the Senate.
amendment no. 469 offered by ms. bass of california
At the appropriate place in title LVIII, insert the
following:
SEC. __. STATEMENT OF POLICY AND REPORT ON ENGAGING WITH
NIGER.
(a) Statement of Policy.--It is the policy of the United
States to--
(1) continue to support Niger's efforts to advance
democracy, good governance, human rights, and regional
security within its borders through bilateral assistance and
multilateral initiatives;
(2) enhance engagement and cooperation with the Nigerien
government at all levels as a key component of stabilizing
the Sahel, where frequent coups and other anti-democratic
movements, food insecurity, violent extremism, and armed
conflict threaten to further weaken governments throughout
the region; and
(3) work closely with partners and allies throughout the
international community to elevate Niger, which experienced
its first democratic transition of power in 2021, as an
example of transitioning from longstanding military
governance and a cycle of coups to a democratic, civilian-led
form of government.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State, in
consultation with the heads of relevant departments and
agencies, shall submit to the appropriate congressional
committees a report on interagency efforts to enhance United
States engagement with Niger as a key component of the United
States Strategy toward the Sahel. Such report shall also
include the following information with respect to the 2
fiscal years preceding the date of the submission of the
report:
(1) A description of United States efforts to promote
democracy, political pluralism, fiscal transparency and other
good governance initiatives, human rights and the rule of
law, and a robust and engaged civil society.
(2) A full, detailed breakdown of United States assistance
provided to help the Nigerien Government develop a
comprehensive national security strategy, including to
counter terrorism, regional and transnational organized
crime, intercommunal violence, and other forms of armed
conflict, criminal activity, and other threats to United
States and Nigerien national security.
(3) An analysis of relevant resources at United States
Embassy Niamey, including whether staff in place by the end
of the current fiscal year will be sufficient to meet various
country and regional strategic objectives.
(4) An overview of foreign partner support for Niger's
intelligence and security sector.
(5) A detailed description of United States and
international efforts to address food insecurity in Niger,
including that which is caused by deforestation,
desertification, and other climate change-related issues.
(6) A breakdown of United States funds obligated for
humanitarian assistance in Niger, and an analysis of how the
security situation in Niger has affected humanitarian
operations and diplomatic engagement throughout the country.
(7) An assessment of foreign malign influence in Niger,
with a specific focus on the People's Republic of China, the
Russian Federation, and their proxies.
(c) Form.--The report required by section (b) shall be
submitted in unclassified form and may include a classified
annex.
(d) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
amendment no. 470 offered by mr. bera of california
At the end of subtitle A of title XIII, add the following:
SEC. 13_. REPORT ON INDO-PACIFIC REGION.
(a) In General.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Assistant Secretary of State
for the Bureau of East Asian and Pacific Affairs, in
coordination with the Assistant Secretary of State for the
Bureau of South and Central
[[Page H6410]]
Asian Affairs, and Assistant Administrator for the Bureau for
Asia of the United States Agency for International
Development (USAID), shall submit to the congressional
foreign affairs committees a report that contains a 2-year
strategy assessing the resources and activities required to
achieve the policy objectives described in subsection (c).
(2) Submission and update.--The report and strategy
required by this subsection shall--
(A) be submitted at the same time as the submission of the
budget of the President (submitted to Congress pursuant to
section 1105 of title 31, United States Code) for fiscal year
2024; and
(B) be updated and submitted at the same time as the
submission of the budget of the President (submitted to
Congress pursuant to section 1105 of title 31, United States
Code) for fiscal years 2026, 2028, and 2030.
(b) Criteria.--The report and strategy required in
subsection (a) shall be developed in accordance with the
following criteria:
(1) It shall reflect the objective, autonomous, and
independent assessment of the activities, resources, and
costs required to achieve objectives detailed in subsection
(c) by the principals, the subordinate and parallel offices
providing input into the assessment.
(2) It shall cover a period of five fiscal years, beginning
with the fiscal year following the fiscal year in which the
report is submitted.
(3) It shall incorporate input from U.S. Ambassadors in the
Indo-Pacific region provided explicitly for the required
report.
(4) It may include information gathered through
consultation with program offices and subject matter experts
in relevant functional bureaus, as deemed necessary by the
principals.
(5) It shall not be subject to fiscal guidance or global
strategic tradeoffs associated with the annual President's
budget request.
(c) Policy Objectives.--The report and strategy required in
subsection (a) shall assess the activities and resources
required to achieve the following policy objectives:
(1) Implement the Interim National Security Strategic
Guidance, or the most recent National Security Strategy, with
respect to the Indo-Pacific region.
(2) Implement the 2022 Indo-Pacific Strategy, or successor
documents, that set forth the U.S. Government strategy toward
the Indo-Pacific region.
(3) Implement the State-USAID Joint Strategic Plan with
respect to the Indo-Pacific region.
(4) Enhance meaningful diplomatic and economic relations
with allies and partners in the Indo-Pacific and demonstrate
an enduring U.S. commitment to the region.
(5) Secure and advance U.S. national interests in the Indo-
Pacific, including through countering the malign influence of
the Government of the People's Republic of China.
(d) Matters To Be Included.--The report and strategy
required under subsection (a) shall include the following:
(1) A description of the Bureaus' bilateral and
multilateral goals for the period covered in the report that
the principals deem necessary to accomplish the objectives
outlined in subsection (c), disaggregated by country and
forum.
(2) A timeline with annual benchmarks for achieving the
objectives described in subsection (c).
(3) An assessment of the sufficiency of U.S. diplomatic
personnel and facilities currently available in the Indo-
Pacific region to achieve the objectives outlined in
subsection (c), through consultation with U.S. embassies in
the region. The assessment shall include:
(A) A list, in priority order, of locations in the Indo-
Pacific region that require additional diplomatic personnel
or facilities.
(B) A description of locations where the United States may
be able to collocate diplomatic personnel at allied or
partner embassies and consulates.
(C) A discussion of embassies or consulates where
diplomatic staff could be reduced within the Indo-Pacific
region, where appropriate.
(D) A detailed description of the fiscal and personnel
resources required to fill gaps identified.
(4) A detailed plan to expand U.S. diplomatic engagement
and foreign assistance presence in the Pacific Island nations
within the next five years, including a description of
``quick impact'' programs that can be developed and
implemented within the first fiscal year of the period
covered in the report.
(5) A discussion of the resources needed to enhance U.S.
strategic messaging and spotlight coercive PRC behavior.
(6) A detailed description of the resources and policy
tools needed to expand the United States ability to offer
high-quality infrastructure projects in strategically
significant parts of the Indo-Pacific region, with a
particular focus on expanding investments in Southeast Asia
and the Pacific Islands.
(7) A gap assessment of security assistance by country, and
of the resources needed to fill those gaps.
(8) A description of the resources and policy tools needed
to facilitate continued private sector investment in partner
countries in the Indo-Pacific.
(9) A discussion of any additional bilateral or regional
assistance resources needed to achieve the objectives
outlined in subsection (c), as deemed necessary by the
principals.
(e) Form.--The report required under subsection (a) shall
be submitted in an unclassified form, but may include a
classified annex.
(f) Availability.--Not later than February 1 each year, the
Assistant Secretary for East Asian and Pacific Affairs shall
make the report and strategy available to the Secretary of
State, the Administrator of the USAID, the Deputy Secretary
of State, the Deputy Secretary of State for Management and
Resources, the Deputy Administrator for Policy and
Programming, the Deputy Administrator for Management and
Resources, the Under Secretary of State for Political
Affairs, the Director of the Office of Foreign Assistance at
the Department of State, the Director of the Bureau of
Foreign Assistance at the USAID, and the Director of Policy
Planning.
(g) Definitions.--In this section:
(1) Indo-pacific region.--The term ``Indo-Pacific region''
means the countries under the jurisdiction of the Bureau for
East Asian and Pacific Affairs, as well as the countries of
Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri
Lanka.
(2) Foreign affairs committees.--The term ``foreign affairs
committees'' means the Committee on Foreign Affairs of the
House of Representatives; the Committee on Foreign Relations
of the Senate; the Subcommittee on State, Foreign Operations,
Related Programs of the Committee on Appropriations of the
House of Representatives; and the Subcommittee on State,
Foreign Operations, and Related Programs of the Committee on
Appropriations of the Senate.
(3) Principals.--The term ``principals'' means the
Assistant Secretary of State for the Bureau of East Asian and
Pacific Affairs, the Assistant Secretary of State for the
Bureau of South and Central Asian Affairs, and the Assistant
Administrator for the Bureau for Asia of the United States
Agency for International Development.
amendment no. 471 offered by mr. bera of california
At the end of title LVIII, add the following:
SEC. 58_. INTERAGENCY TASK FORCE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the People's Republic of China's (PRC) increasing use
of economic coercion against foreign governments, companies,
organizations, other entities, and individuals requires that
the United States better understand these measures in order
to devise a comprehensive, effective, and multilateral
response;
(2) the private sector is a crucial partner in helping the
United States Government understand the PRC's coercive
economic measures and hold the PRC accountable, and that
additional business transparency would help the United States
Government and private sector stakeholders conduct early
assessments of potential pressure points and vulnerabilities;
and
(3) PRC coercive economic measures creates pressures for
the private sector to behave in ways antithetical to United
States national interests and competitiveness.
(b) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the President shall establish
an interagency task force to be known as the ``Countering
Economic Coercion Task Force'' (referred to in this section
as the ``Task Force'').
(c) Duties.--
(1) In general.--The Task Force shall--
(A) oversee the development and implementation of an
integrated United States Government strategy to respond to
People's Republic of China (PRC) coercive economic measures,
which shall include--
(i) systematically monitoring and evaluating--
(I) the costs of such measures on United States businesses
and overall United States economic performance;
(II) instances in which such measures taken against a non-
PRC entity has benefitted other parties; and
(III) the impacts such measures have had on United States
national interests; and
(ii) facilitating coordination among Federal departments
and agencies when responding to such measures as well as
proactively deterring such economic coercion, including by
clarifying the roles for departments and agencies identified
in subsection (d) in implementing the strategy;
(B) consult with United States allies and partners on the
feasibility and desirability of collectively identifying,
assessing, and responding to PRC coercive economic measures,
as well as actions that could be taken to expand coordination
with the goal of ensuring a consistent, coherent, and
collective response to such measures and establishing long-
term deterrence to such measures;
(C) effectively engage the United States private sector,
particularly sectors, groups, or other entities that are
susceptible to such PRC coercive economic measures, on
concerns related to such measures; and
(D) develop and implement a process for regularly sharing
relevant information, including classified information to the
extent appropriate and practicable, on such PRC coercive
economic measures with United States allies, partners, and
the private sector.
(2) Consultation.--In carrying out its duties under this
subsection, the Task Force should regularly consult, to the
extent necessary and appropriate, with the following:
(A) Relevant stakeholders in the private sector.
[[Page H6411]]
(B) Federal departments and agencies that are not
represented on the Task Force.
(C) United States allies and partners.
(d) Membership.--The President shall--
(1) appoint the chair of the Task Force from among the
staff of the National Security Council;
(2) appoint the vice chair of the Task Force from among the
staff of the National Economic Council; and
(3) direct the head of each of the following Federal
departments and agencies to appoint personnel at the level of
Assistant Secretary or above to participate in the Task
Force:
(A) The Department of State.
(B) The Department of Commerce.
(C) The Department of the Treasury.
(D) The Department of Justice.
(E) The Office of the United States Trade Representative.
(F) The Department of Agriculture.
(G) 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)).
(H) The Securities and Exchange Commission.
(I) The United States International Development Finance
Corporation.
(J) Any other department or agency designated by the
President.
(e) Reports.--
(1) Initial report.--Not later than one year after the date
of the enactment of this Act, the Task Force shall submit to
the appropriate congressional committees a report that
includes the following elements:
(A) A comprehensive review of the array of economic tools
the Government of the People's Republic of China (PRC)
employs or could employ in the future to coerce other
governments, non-PRC companies (including United States
companies), and multilateral institutions and organizations,
including the Government of the PRC's continued efforts to
codify informal practices into its domestic law.
(B) The strategy required by subsection (c)(1)(A).
(C) An interagency definition of PRC coercive economic
measures that captures both--
(i) the use of informal or extralegal PRC coercive economic
measures; and
(ii) the illegitimate use of formal economic tools.
(D) A comprehensive review of the array of economic and
diplomatic tools the United States Government employs or
could employ to respond to economic coercion against the
United States and United States allies and partners.
(E) A list of unilateral or multilateral--
(i) proactive measures to defend or deter against PRC
coercive economic measures; and
(ii) actions taken in response to the Government of the
PRC's general use of coercive economic measures, including
the imposition of reputational costs on the PRC.
(F) An assessment of areas in which United States allies
and partners are vulnerable to PRC coercive economic
measures.
(G) A description of gaps in existing resources or
capabilities for United States Government departments and
agencies to respond effectively to PRC coercive economic
measures directed at United States entities and assist United
States allies and partners in their responses to PRC coercive
economic measures.
(H) An analysis of the circumstances under which the PRC
employs different types of economic coercion and against what
kinds of targets.
(I) An assessment, as appropriate, of international norms
and regulations as well as any treaty obligations the PRC has
stretched, circumvented, or broken through its economically
coercive practices.
(2) Interim reports.--
(A) First interim report.--Not later than one year after
the date on which the report required by paragraph (1) is
submitted to the appropriate congressional committees, the
Task Force shall submit to the appropriate congressional
committees a report that includes the following elements:
(i) Updates to information required by subparagraphs (A)
through (G) of paragraph (1).
(ii) A description of activities conducted by the Task
Force to implement the strategy required by subsection
(c)(1)(A).
(iii) An assessment of the implementation and effectiveness
of the strategy, lessons learned from the past year, and
planned changes to the strategy.
(B) Second interim report.--Not later than one year after
the date on which the report required by subparagraph (A) is
submitted to the appropriate congressional committees, the
Task Force shall submit to the appropriate congressional
committees a report that includes an update to the elements
required under the report required by subparagraph (A).
(3) Final report.--Not later than 30 days after the date on
which the report required by paragraph (2)(B) is submitted to
the appropriate congressional committees, the Task Force
shall submit to the appropriate congressional committees and
also make available to the public on the website of the
Executive Office of the President a final report that
includes the following elements:
(A) An analysis of PRC coercive economic measures and the
cost of such coercive measures to United States businesses.
(B) A description of areas of possible vulnerability for
United States businesses and businesses of United States
partners and allies.
(C) Recommendations on how to continue the effort to
counter PRC coercive economic measures, including through
further coordination with United States allies and partners.
(D) A list of cases made public under subsection (f).
(4) Form.--
(A) Initial and interim reports.--The reports required by
paragraphs (1), (2)(A), and (2)(B) shall be submitted in
unclassified form, but may include a classified annex.
(B) Final report.--The report required by paragraph (3)
shall be submitted in unclassified form, but may include a
classified annex.
(f) Publicly Available List.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Task Force shall to the extent
practicable make available to the public on the website of
the Executive Office of the President a list of cases in the
past six months in which open source reporting indicates that
the PRC has directed coercive economic measures against a
non-PRC entity.
(2) Updates.--The list required by paragraph (1) should be
updated every 180 days, and shall be managed by the
Department of State after the termination of the Task Force
under subsection (g).
(g) Sunset.--
(1) In general.--The Task Force shall terminate at the end
of the 60-day period beginning on the date on which the final
report required by subsection (e)(3) is submitted to the
appropriate congressional committees and made publicly
available.
(2) Additional actions.--The Task force may use the 60-day
period referred to in paragraph (1) for the purposes of
concluding its activities, including providing testimony to
Congress concerning the final report required by subsection
(e)(3).
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Foreign Relations of the Senate.
(2) Coercive economic measures.--The term ``coercive
economic measures'' includes formal or informal restrictions
or conditions, such as on trade, investment, development aid,
and financial flows, intended to impose economic costs on a
non-People's Republic of China target in order to achieve
strategic political objectives, including influence over the
policy decisions of a foreign government, company,
organization, or individual.
SEC. 58_. MODIFICATION OF DUTIES OF UNITED STATES-CHINA
ECONOMIC AND SECURITY REVIEW COMMISSION.
Section 1238(c)(2)(H) of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (22 U.S.C.
7002(c)(2)(H)) is amended by adding at the end before the
period the following: ``, and the People's Republic of
China's use of such relations to economically or politically
coerce other countries, regions, and international and
regional entities, particularly treaty allies and major
partners, to achieve China's objectives in the preceding
year''.
amendment no. 472 offered by mr. bera of california
At the end of title LVIII, add the following:
SEC. 58_. TAIWAN FELLOWSHIP PROGRAM.
(a) Definitions.--In this section:
(1) Agency head.--The term ``agency head'' means, in the
case of the executive branch of United States Government, or
in the case of a legislative branch agency specified in
paragraph (2), the head of the respective agency.
(2) Agency of the united states government.--The term
``agency of the United States Government'' includes the
Government Accountability Office, the Congressional Budget
Office, the Congressional Research Service, and the United
States-China Economic and Security Review Commission of the
legislative branch, as well as any agency of the executive
branch.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Appropriations of the House of
Representatives; and
(D) the Committee on Foreign Affairs of the House of
Representatives.
(4) Detailee.--The term ``detailee'' means an employee of
an agency of the United States Government on loan to the
American Institute in Taiwan, without a change of position
from the agency at which such employee is employed.
(5) Implementing partner.--The term ``implementing
partner'' means any United States organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code that--
(A) is selected through a competitive process;
(B) performs logistical, administrative, and other
functions, as determined by the Department of State and the
American Institute of Taiwan, in support of the Taiwan
Fellowship Program; and
(C) enters into a cooperative agreement with the American
Institute in Taiwan to administer the Taiwan Fellowship
Program.
(b) Establishment of Taiwan Fellowship Program.--
[[Page H6412]]
(1) Establishment.--The Secretary of State shall establish
the ``Taiwan Fellowship Program'' (hereafter referred to in
this section as the ``Program'') to provide a fellowship
opportunity in Taiwan of up to two years for eligible United
States citizens through the cooperative agreement established
in paragraph (2). The Department of State, in consultation
with the American Institute in Taiwan and the implementing
partner, may modify the name of the Program.
(2) Cooperative agreements.--
(A) In general.--The American Institute in Taiwan shall use
amounts authorized to be appropriated pursuant to subsection
(f)(1) to enter into an annual or multi-year cooperative
agreement with an appropriate implementing partner.
(B) Fellowships.--The Department of State, in consultation
with the American Institute in Taiwan and, as appropriate,
the implementing partner, shall award to eligible United
States citizens, subject to available funding--
(i) not fewer than five fellowships during the first two
years of the Program; and
(ii) not fewer than ten fellowships during each of the
remaining years of the Program.
(3) International agreement; implementing partner.--Not
later than 30 days after the date of the enactment of this
Act, the American Institute in Taiwan, in consultation with
the Department of State, shall--
(A) begin negotiations with the Taipei Economic and
Cultural Representative Office, or with another appropriate
entity, for the purpose of entering into an agreement to
facilitate the placement of fellows in an agency of the
governing authorities on Taiwan; and
(B) begin the process of selecting an implementing partner,
which--
(i) shall agree to meet all of the legal requirements
required to operate in Taiwan; and
(ii) shall be composed of staff who demonstrate significant
experience managing exchange programs in the Indo-Pacific
region.
(4) Curriculum.--
(A) First year.--During the first year of each fellowship
under this subsection, each fellow should study--
(i) the Mandarin Chinese language;
(ii) the people, history, and political climate on Taiwan;
and
(iii) the issues affecting the relationship between the
United States and the Indo-Pacific region.
(B) Second year.--During the second year of each fellowship
under this section, each fellow, subject to the approval of
the Department of State, the American Institute in Taiwan,
and the implementing partner, and in accordance with the
purposes of this Act, shall work in--
(i) a parliamentary office, ministry, or other agency of
the governing authorities on Taiwan; or
(ii) an organization outside of the governing authorities
on Taiwan, whose interests are associated with the interests
of the fellow and the agency of the United States Government
from which the fellow had been employed.
(5) Flexible fellowship duration.--Notwithstanding any
requirement under this section, the Secretary of State, in
consultation with the American Institute in Taiwan and, as
appropriate, the implementing partner, may award fellowships
that have a duration of between nine months and two years,
and may alter the curriculum requirements under paragraph (4)
for such purposes.
(6) Sunset.--The Program shall terminate ten years after
the date of the enactment of this Act.
(c) Program Requirements.--
(1) Eligibility requirements.--A United States citizen is
eligible for a fellowship under this section if he or she--
(A) is an employee of the United States Government;
(B) has received at least one exemplary performance review
in his or her current United States Government role within at
least the last three years prior to the beginning the
fellowship;
(C) has at least two years of experience in any branch of
the United States Government;
(D) has a demonstrated professional or educational
background in the relationship between the United States and
countries in the Indo-Pacific region; and
(E) has demonstrated his or her commitment to further
service in the United States Government.
(2) Responsibilities of fellows.--Each recipient of a
fellowship under this section shall agree, as a condition of
such fellowship--
(A) to maintain satisfactory progress in language training
and appropriate behavior in Taiwan, as determined by the
Department of State, the American Institute in Taiwan and, as
appropriate, its implementing partner;
(B) to refrain from engaging in any intelligence or
intelligence-related activity on behalf of the United States
Government; and
(C) to continue Federal Government employment for a period
of not less than four years after the conclusion of the
fellowship or for not less than two years for a fellowship
that is one year or shorter.
(3) Responsibilities of implementing partner.--
(A) Selection of fellows.--The implementing partner, in
close coordination with the Department of State and the
American Institute in Taiwan, shall--
(i) make efforts to recruit fellowship candidates who
reflect the diversity of the United States;
(ii) select fellows for the Program based solely on merit,
with appropriate supervision from the Department of State and
the American Institute in Taiwan; and
(iii) prioritize the selection of candidates willing to
serve a fellowship lasting one year or longer.
(B) First year.--The implementing partner should provide
each fellow in the first year (or shorter duration, as
jointly determined by the Department of State and the
American Institute in Taiwan for those who are not serving a
two-year fellowship) with--
(i) intensive Mandarin Chinese language training; and
(ii) courses in the politic, culture, and history of
Taiwan, China, and the broader Indo-Pacific.
(C) Waiver of required training.--The Department of State,
in coordination with the American Institute in Taiwan and, as
appropriate, the implementing partner, may waive any of the
training required under subparagraph (B) to the extent that a
fellow has Mandarin Chinese language skills, knowledge of the
topic described in subparagraph (B)(ii), or for other related
reasons approved by the Department of State and the American
Institute in Taiwan. If any of the training requirements are
waived for a fellow serving a two-year fellowship, the
training portion of his or her fellowship may be shortened to
the extent appropriate.
(D) Office; staffing.--The implementing partner, in
consultation with the Department of State and the American
Institute in Taiwan, shall maintain an office and at least
one full-time staff member in Taiwan--
(i) to liaise with the American Institute in Taiwan and the
governing authorities on Taiwan; and
(ii) to serve as the primary in-country point of contact
for the recipients of fellowships under this section and
their dependents.
(E) Other functions.--The implementing partner should
perform other functions in association in support of the
Program, including logistical and administrative functions,
as prescribed by the Department of State and the American
Institute in Taiwan.
(4) Noncompliance.--
(A) In general.--Any fellow who fails to comply with the
requirements under this section shall reimburse the American
Institute in Taiwan for--
(i) the Federal funds expended for the fellow's
participation in the fellowship, as set forth in
subparagraphs (B) and (C); and
(ii) interest accrued on such funds (calculated at the
prevailing rate).
(B) Full reimbursement.--Any fellow who violates
subparagraph (A) or (B) of paragraph (2) shall reimburse the
American Institute in Taiwan in an amount equal to the sum
of--
(i) all of the Federal funds expended for the fellow's
participation in the fellowship; and
(ii) interest on the amount specified in clause (i), which
shall be calculated at the prevailing rate.
(C) Pro rata reimbursement.--Any fellow who violates
paragraph (2)(C) shall reimburse the American Institute in
Taiwan in an amount equal to the difference between--
(i) the amount specified in subparagraph (B); and
(ii) the product of--
(I) the amount the fellow received in compensation during
the final year of the fellowship, including the value of any
allowances and benefits received by the fellow; multiplied by
(II) the percentage of the period specified in paragraph
(2)(C) during which the fellow did not remain employed by the
United States Government.
(5) Annual report.--Not later than 90 days after the
selection of the first class of fellows under this Act, and
annually thereafter for ten years, the Department of State
shall offer to brief the appropriate congressional committees
regarding the following issues:
(A) An assessment of the performance of the implementing
partner in fulfilling the purposes of this section.
(B) The number of applicants each year, the number of
applicants willing to serve a fellowship lasting one year or
longer, and the number of such applicants selected for the
fellowship.
(C) The names and sponsoring agencies of the fellows
selected by the implementing partner and the extent to which
such fellows represent the diversity of the United States.
(D) The names of the parliamentary offices, ministries,
other agencies of the governing authorities on Taiwan, and
nongovernmental institutions to which each fellow was
assigned.
(E) Any recommendations, as appropriate, to improve the
implementation of the Program, including added flexibilities
in the administration of the program.
(F) An assessment of the Program's value upon the
relationship between the United States and Taiwan or the
United States and Asian countries.
(6) Annual financial audit.--
(A) In general.--The financial records of any implementing
partner shall be audited annually in accordance with
generally accepted auditing standards by independent
certified public accountants or independent licensed public
accountants who are certified or licensed by a regulatory
authority of a State or another political subdivision of the
United States.
(B) Location.--Each audit under subparagraph (A) shall be
conducted at the place or
[[Page H6413]]
places where the financial records of the implementing
partner are normally kept.
(C) Access to documents.--The implementing partner shall
make available to the accountants conducting an audit under
subparagraph (A)--
(i) all books, financial records, files, other papers,
things, and property belonging to, or in use by, the
implementing partner that are necessary to facilitate the
audit; and
(ii) full facilities for verifying transactions with the
balances or securities held by depositories, fiscal agents,
and custodians.
(D) Report.--
(i) In general.--Not later than six months after the end of
each fiscal year, the implementing partner shall provide a
report of the audit conducted for such fiscal year under
subparagraph (A) to the Department of State and the American
Institute in Taiwan.
(ii) Contents.--Each audit report shall--
(I) set forth the scope of the audit;
(II) include such statements, along with the auditor's
opinion of those statements, as may be necessary to present
fairly the implementing partner's assets and liabilities,
surplus or deficit, with reasonable detail;
(III) include a statement of the implementing partner's
income and expenses during the year; and
(IV) include a schedule of--
(aa) all contracts and cooperative agreements requiring
payments greater than $5,000; and
(bb) any payments of compensation, salaries, or fees at a
rate greater than $5,000 per year.
(iii) Copies.--Each audit report shall be produced in
sufficient copies for distribution to the public.
(d) Taiwan Fellows on Detail From Government Service.--
(1) In general.--
(A) Detail authorized.--With the approval of the Secretary
of State, an agency head may detail, for a period of not more
than two years, an employee of the agency of the United
States Government who has been awarded a fellowship under
this Act, to the American Institute in Taiwan for the purpose
of assignment to the governing authorities on Taiwan or an
organization described in subsection (b)(4)(B)(ii).
(B) Agreement.--Each detailee shall enter into a written
agreement with the Federal Government before receiving a
fellowship, in which the fellow shall agree--
(i) to continue in the service of the sponsoring agency at
the end of fellowship for a period of at least four years (or
at least two years if the fellowship duration is one year or
shorter) unless such detailee is involuntarily separated from
the service of such agency; and
(ii) to pay to the American Institute in Taiwan any
additional expenses incurred by the United States Government
in connection with the fellowship if the detailee voluntarily
separates from service with the sponsoring agency before the
end of the period for which the detailee has agreed to
continue in the service of such agency.
(C) Exception.--The payment agreed to under subparagraph
(B)(ii) may not be required of a detailee who leaves the
service of the sponsoring agency to enter into the service of
another agency of the United States Government unless the
head of the sponsoring agency notifies the detailee before
the effective date of entry into the service of the other
agency that payment will be required under this subsection.
(2) Status as government employee.--A detailee--
(A) is deemed, for the purpose of preserving allowances,
privileges, rights, seniority, and other benefits, to be an
employee of the sponsoring agency;
(B) is entitled to pay, allowances, and benefits from funds
available to such agency, which is deemed to comply with
section 5536 of title 5, United States Code; and
(C) may be assigned to a position with an entity described
in subsection (b)(4)(B)(i) if acceptance of such position
does not involve--
(i) the taking of an oath of allegiance to another
government; or
(ii) the acceptance of compensation or other benefits from
any foreign government by such detailee.
(3) Responsibilities of sponsoring agency.--
(A) In general.--The agency of the United States Government
from which a detailee is detailed should provide the fellow
allowances and benefits that are consistent with Department
of State Standardized Regulations or other applicable rules
and regulations, including--
(i) a living quarters allowance to cover the cost of
housing in Taiwan;
(ii) a cost of living allowance to cover any possible
higher costs of living in Taiwan;
(iii) a temporary quarters subsistence allowance for up to
seven days if the fellow is unable to find housing
immediately upon arriving in Taiwan;
(iv) an education allowance to assist parents in providing
the fellow's minor children with educational services
ordinarily provided without charge by public schools in the
United States;
(v) moving expenses to transport personal belongings of the
fellow and his or her family in their move to Taiwan, which
is comparable to the allowance given for American Institute
in Taiwan employees assigned to Taiwan; and
(vi) an economy-class airline ticket to and from Taiwan for
each fellow and the fellow's immediate family.
(B) Modification of benefits.--The American Institute in
Taiwan and its implementing partner, with the approval of the
Department of State, may modify the benefits set forth in
subparagraph (A) if such modification is warranted by fiscal
circumstances.
(4) No financial liability.--The American Institute in
Taiwan, the implementing partner, and any governing
authorities on Taiwan or nongovernmental entities in Taiwan
at which a fellow is detailed during the second year of the
fellowship may not be held responsible for the pay,
allowances, or any other benefit normally provided to the
detailee.
(5) Reimbursement.--Fellows may be detailed under paragraph
(1)(A) without reimbursement to the United States by the
American Institute in Taiwan.
(6) Allowances and benefits.--Detailees may be paid by the
American Institute in Taiwan for the allowances and benefits
listed in paragraph (3).
(e) GAO Report.--Not later than one year prior to the
sunset of the Program pursuant to subsection (b)(6), the
Comptroller General of the United States shall transmit to
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report that includes the following:
(1) An analysis of United States Government participants in
the Program, including the number of applicants and the
number of fellowships undertaken, the places of employment.
(2) An assessment of the costs and benefits for
participants in the Program and for the United States
Government of such fellowships.
(3) An analysis of the financial impact of the fellowship
on United States Government offices that have detailed
fellows to participate in the Program.
(4) Recommendations, if any, on how to improve the Program.
(f) Funding.--
(1) Authorization of appropriations.--There are authorized
to be appropriated to the American Institute in Taiwan--
(A) for fiscal year 2023, $2,900,000, of which $500,000
should be used by an appropriate implementing partner to
launch the Program; and
(B) for fiscal year 2024, and each succeeding fiscal year,
$2,400,000.
(2) Private sources.--Subject to appropriation, the
implementing partner selected to implement the Program may
accept, use, and dispose of gifts or donations of services or
property in carrying out such program, subject to the review
and approval of the American Institute in Taiwan.
amendment no. 473 offered by mr. blumenaur of oregon
At the end of title LI of division E, add the following:
SEC. __. PROVISION BY DEPARTMENT OF VETERANS AFFAIRS HEALTH
CARE PROVIDERS OF RECOMMENDATIONS AND OPINIONS
REGARDING VETERAN PARTICIPATION IN STATE
MARIJUANA PROGRAMS.
(a) In General.--Notwithstanding any other provision of
law, the Secretary of Veterans Affairs shall authorize
physicians and other health care providers employed by the
Department of Veterans Affairs to--
(1) provide recommendations and opinions to veterans who
are residents of States with State marijuana programs
regarding the participation of veterans in such State
marijuana programs; and
(2) complete forms reflecting such recommendations and
opinions.
(b) State Defined.--In this section, the term ``State''
means each of the several States, the District of Columbia,
the Commonwealth of Puerto Rico, any territory or possession
of the United States, and each federally recognized Indian
Tribe.
amendment no. 474 offered by mr. blumenauer of oregon
At the end of title LIII of division E of the bill, add the
following:
SEC. 53__. EXTREME WEATHER EVENTS.
(a) Definitions.--
(1) In general.--Section 203 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133)
is amended--
(A) by amending subsection (a) to read as follows:
``(a) Definition of Underserved Community.--In this
section, the term `underserved community' means a community,
or a neighborhood within a community, that--
``(1) is classified as high risk according to census tract
risk ratings derived from a product that--
``(A) is maintained under a natural hazard assessment
program;
``(B) is available to the public;
``(C) defines natural hazard risk across the United States;
``(D) reflects high levels of individual hazard risk
ratings;
``(E) reflects high social vulnerability ratings and low
community resilience ratings;
``(F) reflects the principal natural hazard risks
identified for the respective census tracts; and
``(G) any other elements determined by the President.
``(2) is comprised of 50,000 or fewer individuals and is
economically disadvantaged, as determined by the State in
which the community is located and based on criteria
established by the President; or
``(3) is otherwise determined by the President based on
factors including, high housing
[[Page H6414]]
cost burden and substandard housing, percentage of homeless
population, limited water and sanitation access, demographic
information such as race, age, and disability, language
composition, transportation access or type, disproportionate
environmental stressor burden, and disproportionate impacts
from climate change.'';
(B) in subsection (g)(9) by striking ``small impoverished
communities'' and inserting ``underserved communities''; and
(C) in subsection (h)(2)--
(i) in the heading by striking ``Small impoverished
communities'' and inserting ``Underserved communities''; and
(ii) by striking ``small impoverished community'' and
inserting ``underserved community''.
(2) Applicability.--The amendments made by subsection (a)
shall apply with respect to any amounts appropriated on or
after the date of enactment of this Act.
(b) Guidance on Extreme Temperature Events.--Not later than
1 year after the date of enactment of this Act, the
Administrator of the Federal Emergency Management
Administration shall issue guidance related to extreme
temperature events, including heat waves and freezes, and
publish such guidance in the Federal Emergency Management
Administration Public Assistance Program and Policy Guide.
(c) Hazard Mitigation Plans.--Section 322 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5165) is amended--
(1) in subsection (a) by striking the period at the end and
inserting ``, including--
``(1) identifying the extent to which resilience is or will
be incorporated into other planning processes, including
community land use, economic development, capital improvement
budgets and transportation planning processes;
``(2) goals and objectives related to increasing resilience
over a 5-year period, including benchmarks for future work
and an assessment of past progress;
``(3) the building codes in existence at the time the plan
is submitted and standards that are in use by the State for
all manner of planning or development purposes and how the
State has or will comply with the standards set forth in
section 406(e)(1)(A);
``(4) the use of nature-based solutions or other mitigation
activities that conserve or restore natural features that can
serve to abate or lessen the impacts of future disasters;
``(5) integration of each local mitigation plan with the
State, Indian Tribe, or territory plan; and
``(6) the disparate impacts on underserved communities (as
such term is defined in section 203(a)) and plans to address
any disparities.''; and
(2) by adding at the end the following:
``(f) Guidance.--The Administrator of the Federal Emergency
Management Agency shall issue specific guidance on resilience
goals and provide technical assistance for States, Indian
Tribes, territories, and local governments to meet such
goals.
``(g) Adequate Staffing.--The Administrator of the Federal
Emergency Management Agency shall ensure that ample staff are
available to develop the guidance and technical assistance
under section 322, including hazard mitigation planning staff
and personnel with expertise in community planning, land use
development, and consensus based codes and hazard resistant
designs at each regional office that specifically focus on
providing financial and non-financial direct technical
assistance to States, Indian Tribes, and territories.
``(h) Reporting.--Not less frequently than every 5 years,
the Administrator shall submit to Congress a report on the
progress of meeting the goals under this section.''.
(d) Additional Uses of Funds.--Section 408 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174) is amended by adding at the end the following:
``(k) Additional Uses of Funds.--For State and local
governments that have exceeded, adopted, or are implementing
the latest two published editions of relevant consensus-based
codes, specifications, and standards that incorporate the
latest hazard-resistant designs and establish minimum
acceptable criteria for the design, construction, and
maintenance of residential structures and facilities, a
recipient of assistance provided under this paragraph may use
such assistance in a manner consistent with the standards set
forth in clauses (ii) and (iii) of section 406(e)(1)(A).''.
(e) Collaboration With Other Agencies.--In awarding grants
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Administrator of
the Federal Emergency Management Agency may coordinate with
other relevant agencies, including the Environmental
Protection Agency, the Department of Energy, the Department
of Transportation, the Corps of Engineers, the Department of
Agriculture, and the Department of Housing and Urban
Development, as necessary, to improve collaboration for
eligible activities under the Act.
(f) GAO Reports.--
(1) Extreme temperature events.--Not later than 1 year
after the date of enactment of this Act, and every 5 years
thereafter, the Comptroller General of the United States
shall evaluate and issue to Congress and the Federal
Emergency Management Agency a report regarding the impacts of
extreme temperatures events on communities, the challenges
posed to the Federal Emergency Management Agency in
addressing extreme temperature events, and recommendations
for the Federal Emergency Management Agency to better provide
assistance to communities experiencing extreme temperature
events. The report may also include examples of specific
mitigation and resilience projects that communities may
undertake, and the Federal Emergency Management Agency may
consider, to reduce the impacts of extreme temperatures on
and within building structures, participatory processes that
allow for public engagement in determining and addressing
local risks and vulnerabilities related to extreme
temperatures events, and community infrastructure, including
heating or cooling shelters.
(2) Smoke and indoor air quality.--Not later than 1 year
after the date of enactment of this Act, and every 5 years
thereafter, the Comptroller General shall evaluate and issue
to Congress and the Federal Emergency Management Agency a
report regarding the impacts of wildfire smoke and poor
indoor air quality, the challenges posed to Federal Emergency
Management Agency in addressing wildfire smoke and indoor air
quality, and recommendations for the Federal Emergency
Management Agency to better provide assistance to communities
and individuals in dealing with wildfire smoke and indoor air
quality.
(g) Report Congress and Update of Cost Effectiveness
Determinations and Declarations.--
(1) Report.--Not later than 2 years after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency, in coordination with the
Director of the Office of Management and Budget, shall submit
to Congress a report regarding the challenges posed by the
Agency's requirements for declaring an incident or
determining the cost effectiveness of mitigation activities
and specifically how such requirements may disproportionately
burden small impoverished communities, or specific vulnerable
populations within communities.
(2) Update of cost effectiveness determination.--Not later
than 5 years after the date of enactment of this Act, the
Administrator, to the extent practicable, shall update the
requirements for determining cost effectiveness and declaring
incidents, including selection of appropriate interest rates,
based on the findings made under subsection (a).
amendment no. 475 offered by mr. brown of maryland
At the end of the bill, add the following:
SEC. ___. TREATMENT OF PAYCHECK PROTECTION PROGRAM LOAN
FORGIVENESS OF PAYROLL COSTS UNDER HIGHWAY AND
PUBLIC TRANSPORTATION PROJECT COST-
REIMBURSEMENT CONTRACTS.
(a) In General.--Notwithstanding section 31.201-5 of title
48, Code of Federal Regulations (or successor regulations),
for the purposes of any cost-reimbursement contract awarded
in accordance with section 112 of title 23, United States
Code, or section 5325 of title 49, United States Code, or any
subcontract under such a contract, no cost reduction or cash
refund (including through a reduced indirect cost rate) shall
be due to the Department of Transportation or to a State
transportation department, transit agency, or other recipient
of assistance under chapter 1 of title 23, United States
Code, or chapter 53 of title 49, United States Code, on the
basis of forgiveness of the payroll costs of a covered loan
(as those terms are defined in section 7A(a) of the Small
Business Act (15 U.S.C. 636m(a))) issued under the paycheck
protection program under section 7(a)(36) of that Act (15
U.S.C. 636(a)(36)).
(b) Saving Provision.--Nothing in this section amends or
exempts the prohibitions and liabilities under section 3729
of title 31, United States Code.
(c) Termination.--This section ceases to be effective on
June 30, 2025.
amendment no. 476 offered by ms. brownley of california
At the end of title LI, insert the following new section:
SEC. 51__. ANNUAL REPORT FROM THE ADVISORY COMMITTEE ON WOMEN
VETERANS.
Subsection (c)(1) of section 542 of title 38, United States
Code, is amended by striking ``even-numbered year'' and
inserting ``year''.
amendment no. 477 offered by ms. brownley of california
At the end of title LVIII, add the following:
SEC. 5806. BILITERACY EDUCATION SEAL AND TEACHING ACT.
(a) Department of Education Grants for State Seal of
Biliteracy Programs.--
(1) Establishment of program.--
(A) In general.--From amounts made available under
paragraph (6), the Secretary of Education shall award grants,
on a competitive basis, to States to enable the States to
establish or improve, and carry out, Seal of Biliteracy
programs to recognize student proficiency in speaking,
reading, and writing in both English and a second language.
(B) Inclusion of native american languages.--
Notwithstanding subparagraph (A), each Seal of Biliteracy
program shall contain provisions allowing the use of Native
American languages, including allowing speakers of any Native
American language recognized as official by any American
government, including any Tribal government,
[[Page H6415]]
to use equivalent proficiency in speaking, reading, and
writing in the Native American language in lieu of
proficiency in speaking, reading, and writing in English.
(C) Duration.--A grant awarded under this subsection shall
be for a period of 2 years, and may be renewed at the
discretion of the Secretary.
(D) Renewal.--At the end of a grant term, a State that
receives a grant under this subsection may reapply for a
grant under this subsection.
(E) Limitations.--A State shall not receive more than 1
grant under this subsection at any time.
(F) Return of unspent grant funds.--Each State that
receives a grant under this subsection shall return any
unspent grant funds not later than 6 months after the date on
which the term for the grant ends.
(2) Grant application.--A State that desires a grant under
this subsection shall submit an application to the Secretary
at such time, in such manner, and containing such information
and assurances as the Secretary may require, including--
(A) a description of the criteria a student must meet to
demonstrate the proficiency in speaking, reading, and writing
in both languages necessary for the State Seal of Biliteracy
program;
(B) a detailed description of the State's plan--
(i) to ensure that English learners and former English
learners are included in the State Seal of Biliteracy
program;
(ii) to ensure that--
(I) all languages, including Native American languages, can
be tested for the State Seal of Biliteracy program; and
(II) Native American language speakers and learners are
included in the State Seal of Biliteracy program, including
students at tribally controlled schools and at schools funded
by the Bureau of Indian Education; and
(iii) to reach students, including eligible students
described in paragraph (3)(B) and English learners, their
parents, and schools with information regarding the State
Seal of Biliteracy program;
(C) an assurance that a student who meets the requirements
under subparagraph (A) and paragraph (3) receives--
(i) a permanent seal or other marker on the student's
secondary school diploma or its equivalent; and
(ii) documentation of proficiency on the student's official
academic transcript; and
(D) an assurance that a student is not charged a fee for
providing information under paragraph (3)(A).
(3) Student participation in a seal of biliteracy
program.--
(A) In general.--To participate in a Seal of Biliteracy
program, a student shall provide information to the State
that serves the student at such time, in such manner, and
including such information and assurances as the State may
require, including an assurance that the student has met the
criteria established by the State under paragraph (2)(A).
(B) Student eligibility for participation.--A student who
gained proficiency in a second language outside of school may
apply under subparagraph (A) to participate in a Seal of
Biliteracy program.
(4) Use of funds.--Grant funds made available under this
subsection shall be used for--
(A) the administrative costs of establishing or improving,
and carrying out, a Seal of Biliteracy program that meets the
requirements of paragraph (2); and
(B) public outreach and education about the Seal of
Biliteracy program.
(5) Report.--Not later than 18 months after receiving a
grant under this subsection, a State shall issue a report to
the Secretary describing the implementation of the Seal of
Biliteracy program for which the State received the grant.
(6) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection $10,000,000
for each of fiscal years 2023 through 2027.
(b) Definitions.--In this section:
(1) The terms ``English learner'', ``secondary school'',
and ``State'' have the meanings given those terms in section
8101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
(2) The term ``Native American languages'' has the meaning
given the term in section 103 of the Native American
Languages Act (25 U.S.C. 2902).
(3) The term ``Seal of Biliteracy program'' means any
program described in subsection (b)(1) that is established or
improved, and carried out, with funds received under this
section.
(4) The term ``second language'' means any language other
than English (or a Native American language, pursuant to
subsection (b)(1)(B)), including Braille, American Sign
Language, or a Classical language.
(5) The term ``Secretary'' means the Secretary of
Education.
Amendment No. 478 Offered by Ms. Brownley of California
Add at the end of title LI of division E the following:
SEC. ___. VA PAYMENTS OR ALLOWANCES FOR BENEFICIARY TRAVEL.
Section 111(g) of title 38, United States Code, is
amended--
(1) by striking ``(1) Beginning one year after the date of
the enactment of the Caregivers and Veterans Omnibus Health
Services Act of 2010, the Secretary may'' and inserting ``The
Secretary shall'';
(2) by striking ``to be'' and inserting ``to be at least'';
and
(3) by striking paragraph (2).
Amendment No. 479 Offered by Mrs. Cammack of Florida
At the end of title LII, add the following new section:
SEC. 52__. DEPARTMENT OF HOMELAND SECURITY REPORT RELATING TO
ESTABLISHMENT OF PRECLEARANCE FACILITY IN
TAIWAN.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of Commerce,
shall submit to the appropriate congressional committees a
report that includes an assessment of establishing a
preclearance facility in Taiwan.
(2) Elements.--The assessment required under paragraph (1)
shall include the following:
(A) An assessment with respect to the feasibility and
advisability of establishing a CBP Preclearance facility in
Taiwan.
(B) An assessment with respect to the national security,
homeland security, and law enforcement benefits of
establishing a CBP Preclearance facility in Taiwan.
(C) An assessment of the impacts preclearance operations in
Taiwan will have with respect to--
(i) trade and travel, including impacts on passengers
traveling to the United States; and
(ii) CBP staffing.
(D) Country-specific information relating to--
(i) anticipated benefits to the United States; and
(ii) security vulnerabilities associated with such
preclearance operations.
(b) Definitions.--In this section--
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Homeland Security, the Committee on
Financial Services, and the Committee on Ways and Means of
the House of Representatives; and
(B) the Committee on Commerce, Science, and Transportation,
the Committee on Finance, and the Joint Committee on Taxation
of the Senate.
(2) The term ``CBP'' means U.S. Customs and Border
Protection.
Amendment No. 480 Offered by Mrs. Cammack of Florida
Add at the end of title LII of division E the following:
SEC. 5206. HUMAN TRAFFICKING TRAINING.
(a) In General.--Subtitle H of title VIII of the Homeland
Security Act of 2002 is amended by inserting after section
884 (6 U.S.C. 464) the following new section:
``SEC. 884A. HUMAN TRAFFICKING TRAINING.
``(a) In General.--The Director of the Federal Law
Enforcement Training Centers (FLETC) is authorized, in
accordance with this section, to establish a human
trafficking awareness training program within the Federal Law
Enforcement Training Centers.
``(b) Training Purposes.--The human trafficking awareness
training program referred to in subsection (a), shall, if
established, provide to State, local, Tribal, territorial,
and educational institution law enforcement personnel
training courses relating to the following:
``(1) An in-depth understanding of the definition of human
trafficking.
``(2) An ability to recognize indicators of human
trafficking.
``(3) Information on industries and common locations known
for human trafficking.
``(4) Human trafficking response measures, including a
victim-centered approach.
``(5) Human trafficking reporting protocols.
``(6) An overview of Federal statutes and applicable State
law related to human trafficking.
``(7) Additional resources to assist with suspected human
trafficking cases, as necessary.
``(c) Integration With Existing Programs.--To the extent
practicable, human trafficking awareness training, including
principles and learning objectives, should be integrated into
other training programs operated by the Federal Law
Enforcement Training Centers.
``(d) Coordination.--The Director of FLETC, or the designee
of such Director, shall coordinate with the Director of the
Department's Blue Campaign, or the designee of such Director,
in the development and delivery of human trafficking
awareness training programs.
``(e) Human Trafficking Defined.--In this section, the term
`human trafficking' means an act or practice described in
paragraph (11) or (12) of section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102).
``(f) Authorization of Appropriations.--There is authorized
to be appropriated $2,300,000 for each of fiscal years 2023
through 2028.''.
(b) Technical Amendment.--Subsection (a) of section 434 of
the Homeland Security Act of 2002 (6 U.S.C. 242) is amended
by striking ``paragraph (9) or (10)'' and inserting
``paragraph (11) or (12)''.
(c) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 884 the
following new item:
[[Page H6416]]
``Sec. 884A. Human trafficking training.''.
Amendment No. 481 Offered by Mr. Carbajal of California
At the appropriate place in division E, insert:
SECTION __. PRESUMPTION OF CAUSE OF DISABILITY OR DEATH DUE
TO EMPLOYMENT IN FIRE PROTECTION ACTIVITIES.
(a) Certain Diseases Presumed to Be Work-related Cause of
Disability or Death for Federal Employees in Fire Protection
Activities.--
(1) Presumption relating to employees in fire protection
activities.--Subchapter I of chapter 81 of title 5, United
States Code, is amended by inserting after section 8143a the
following:
``Sec. 8143b. Employees in fire protection activities.
``(a) Certain Diseases Deemed to Be Proximately Caused by
Employment in Fire Protection Activities.--
``(1) In general.--For a claim under this subchapter of
disability or death of an employee who has been employed for
a minimum of 5 years in aggregate as an employee in fire
protection activities, a disease specified on the list
established under paragraph (2) shall be deemed to be
proximately caused by the employment of such employee.
``(2) Establishment of initial list.--There is established
under this section the following list of diseases:
``(A) Bladder cancer.
``(B) Brain cancer.
``(C) Chronic obstructive pulmonary disease.
``(D) Colorectal cancer.
``(E) Esophageal cancer.
``(F) Kidney cancer.
``(G) Leukemias.
``(H) Lung cancer.
``(I) Mesothelioma.
``(J) Multiple myeloma.
``(K) Non-Hodgkin lymphoma.
``(L) Prostate cancer.
``(M) Skin cancer (melanoma).
``(N) A sudden cardiac event or stroke while, or not later
than 24 hours after, engaging in the activities described in
subsection (b)(1)(C).
``(O) Testicular cancer.
``(P) Thyroid cancer.
``(3) Additions to the list.--
``(A) In general.--The Secretary shall periodically review
the list established under this section in consultation with
the Director of the National Institute on Occupational Safety
and Health and shall add a disease to the list by rule, upon
a showing by a petitioner or on the Secretary's own
determination, in accordance with this paragraph.
``(B) Basis for determination.--The Secretary shall add a
disease to the list upon a showing by a petitioner or the
Secretary's own determination, based on the weight of the
best available scientific evidence, that there is a
significant risk to employees in fire protection activities
of developing such disease.
``(C) Available expertise.--In determining significant risk
for purposes of subparagraph (B), the Secretary may accept as
authoritative and may rely upon recommendations, risk
assessments, and scientific studies (including analyses of
National Firefighter Registry data pertaining to Federal
firefighters) by the National Institute for Occupational
Safety and Health, the National Toxicology Program, the
National Academies of Sciences, Engineering, and Medicine,
and the International Agency for Research on Cancer.
``(4) Petitions to add to the list.--
``(A) In general.--Any person may petition the Secretary to
add a disease to the list under this section.
``(B) Content of petition.--Such petition shall provide
information to show that there is sufficient evidence of a
significant risk to employees in fire protection activities
of developing such illness or disease from their employment.
``(C) Timely and substantive decisions.--Not later than 18
months after receipt of a petition, the Secretary shall
either grant or deny the petition by publishing in the
Federal Register a written explanation of the reasons for the
Secretary's decision. The Secretary may not deny a petition
solely on the basis of competing priorities, inadequate
resources, or insufficient time for review.
``(D) Notification to congress.--Not later than 30 days
after making any decision to approve or deny a petition under
this paragraph, the Secretary shall notify the Committee on
Education and Labor of the House of Representatives and the
Committee on Homeland Security and Government Affairs of the
Senate of such decision.
``(b) Definitions.--In this section:
``(1) Employee in fire protection activities.--The term
`employee in fire protection activities' means an employee
employed as a firefighter, paramedic, emergency medical
technician, rescue worker, ambulance personnel, or hazardous
material worker, who--
``(A) is trained in fire suppression;
``(B) has the legal authority and responsibility to engage
in fire suppression;
``(C) is engaged in the prevention, control, and
extinguishment of fires or response to emergency situations
where life, property, or the environment is at risk,
including the prevention, control, suppression, or management
of wildland fires; and
``(D) performs such activities as a primary responsibility
of his or her job.
``(2) Secretary.--The term `Secretary' means Secretary of
Labor.''.
(2) Research cooperation.--Not later than 120 days after
the date of enactment of this Act, the Secretary of Labor
shall establish a process by which a Federal employee in fire
protection activities filing a claim related to a disease on
the list established by section 8143b of title 5, United
States Code, will be informed about and offered the
opportunity to contribute to science by voluntarily enrolling
in the National Firefighter Registry or a similar research or
public health initiative conducted by the Centers for Disease
Control and Prevention.
(3) Agenda for further review.--Not later than 3 years
after the date of enactment of this Act, the Secretary
shall--
(A) evaluate the best available scientific evidence of the
risk to an employee in fire protection activities of
developing breast cancer, gynecological cancer, and
rhabdomyolysis;
(B) add breast cancer, gynecological cancer, and
rhabdomyolysis to the list established under section 8143b of
title 5, United States Code, by rule in accordance with
subsection (a)(3) of such section, if the Secretary
determines that such evidence supports such addition; and
(C) submit a report of the Secretary's findings under
subparagraph (A) and the Secretary's determination under
subparagraph (B) to the Committee on Education and Labor of
the House and the Committee on Homeland Security and
Governmental Affairs of the Senate.
(4) Report on federal wildland firefighters.--The Director
of the National Institute for Occupational Safety and Health
shall conduct a comprehensive study on long-term health
effects that Federal wildland firefighters who are eligible
to receive workers' compensation under chapter 81 of title 5,
United States Code, experience after being exposed to fires,
smoke, and toxic fumes when in service. Such study shall
include--
(A) the race, ethnicity, age, gender, and time of service
of such Federal wildland firefighters participating in the
study; and
(B) recommendations to Congress on what legislative actions
are needed to support such Federal wildland firefighters in
preventing health issues from this toxic exposure, similar to
veterans that are exposed to burn pits.
(5) Application.--The amendments made by this section shall
apply to claims for compensation filed on or after the date
of enactment of this Act.
(6) Report on affected employees.--Beginning 1 year after
the date of enactment of this Act, the Secretary shall
include in each annual report on implementation of the
Federal Employees' Compensation Act program and issues
arising under it that the Secretary makes pursuant to section
8152 of title 5, United States Code, the total number and
demographics of employees with diseases and conditions
described in the amendments made by this Act as of the date
of such annual report, disaggregated by the specific
condition or conditions, for the purposes of understanding
the scope of the problem. The Secretary may include any
information they deem necessary and, as appropriate, may make
recommendations for additional actions that could be taken to
minimize the risk of adverse health impacts for Federal
employees in fire protection activities.
(b) Subrogation of Continuation of Pay.--
(1) Subrogation of the united states.--Section 8131 of
title 5, United States Code, is amended--
(A) in subsection (a), by inserting ``continuation of pay
or'' before ``compensation''; and
(B) in subsection (c), by inserting ``continuation of pay
or'' before ``compensation already paid''.
(2) Adjustment after recovery from a third person.--Section
8132 of title 5, United States Code, is amended--
(A) by inserting ``continuation of pay or'' before
``compensation'' the first and second place it appears;
(B) by striking ``in his behalf'' and inserting ``on his
behalf'';
(C) by inserting ``continuation of pay and'' before
``compensation'' the third place it appears; and
(D) by striking the 4th sentence and inserting the
following: ``If continuation of pay or compensation has not
been paid to the beneficiary, the money or property shall be
credited against continuation of pay or compensation payable
to him by the United States for the same injury.''.
(c) Protection of Firefighters From Toxic Chemicals and
Other Contaminants.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Education and
Labor of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a report
that evaluates the health and safety impacts on employees
engaged in fire protection activities that result from the
employees' exposure to toxic chemicals and other contaminants
that could cause human health problems. The report may
include information on--
(A) the degree to which such programs and policies include
consideration of the possibility of toxic exposure of such
employees who may come into contact with residue from fibers,
combusted building materials
[[Page H6417]]
such as asbestos, household chemicals, polymers, flame-
retardant chemicals, and other potentially toxic
contaminants;
(B) the availability and proper maintenance of professional
protective equipment and secure storage of such equipment in
employees' homes and automotive vehicles;
(C) the availability of home instructions for employees
regarding toxins and contaminants, and the appropriate
procedures to counteract exposure to same;
(D) the employees' interests in protecting the health and
safety of family members from exposure to toxic chemicals and
other contaminants to which the employees may have been
exposed; and
(E) other related factors.
(2) Context.--In preparing the report required under
paragraph (1), the Comptroller General of the United States
may, as appropriate, provide information in a format that
delineates high risk urban areas from rural communities.
(3) Department of labor consideration.--After issuance of
the report required under paragraph (1), the Secretary of
Labor shall consider such report's findings and assess its
applicability for purposes of the amendments made by
subsection (b).
(d) Increase in Time-period for FECA Claimant to Supply
Supporting Documentation to Office of Worker's
Compensation.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Labor shall--
(1) amend section 10.121 of title 20, Code of Federal
Regulations, by striking ``30 days'' and inserting ``60
days''; and
(2) modify the Federal Employees Compensation Act manual to
reflect the changes to such section made by the Secretary
pursuant to paragraph (1).
Amendment No. 482 Offered by Mr. Carbajal of California
At the end of title LIII of division E of the bill, add the
following:
SEC. ___. SAFETY STANDARDS.
(a) In General.--Section 4502 of title 46, United States
Code, is amended--
(1) in subsection (i)(4) by striking ``each of fiscal years
2018 through 2021'' and inserting ``fiscal year 2023''; and
(2) in subsection (j)(4) by striking ``each of fiscal years
2018 through 2021'' and inserting ``fiscal year 2023''.
(b) Authorization of Appropriations.--Section 9 of the
Maritime Debris Act (33 U.S.C. 1958) is amended--
(1) in subsection (a) by striking ``each of fiscal years
2018 through 2021'' and inserting ``fiscal year 2023''; and
(2) in subsection (b) by striking ``2702(1)'' and inserting
``4902(1)''.
Amendment No. 483 Offered by Mr. Carter of Louisiana
Add at the end of subtitle E of title VIII the following:
SEC. 8__. EXTENSION OF PARTICIPATION IN 8(A) PROGRAM.
(a) In General.--A covered small business concern may,
subject to the regulations issued by the Administrator of the
Small Business Administration under subsection (b), elect to
extend the period in which such covered small business
concern participates in the program established under section
8(a) of such Act (15 U.S.C. 637(a)) by one year.
(b) Emergency Rulemaking Authority.--Not later than 45 days
after the date of enactment of this Act, the Administrator of
the Small Business Administration shall issue regulations to
carry out this section without regard to the notice
requirements under section 553(b) of title 5, United States
Code.
(c) Covered Small Business Concern Defined.--
(1) In general.--In this section, the term ``covered small
business concern'' means a small business concern (as defined
under section 3 of the Small Business Act (15 U.S.C. 632))
that--
(A) participated in the program established under section
8(a) of the Small Business Act (15 U.S.C. 637(a)) at any
point during the period beginning on September 10, 2020, and
ending on the date of the enactment of this Act, including a
small business concern that graduated during such period;
(B) was not terminated or early graduated from such program
during such period; and
(C) did not voluntarily elect to cease participating in
such program during such period as an alternative to
termination or early graduation from such program, as
determined by the Administrator of the Small Business
Administration.
Amendment No. 484 Offered by Mr. Castro of Texas
At the appropriate place in title LVIII, insert the
following:
SEC. __. DOCUMENTING AND RESPONDING TO DISCRIMINATION AGAINST
MIGRANTS ABROAD.
(a) Information to Include in Annual Country Reports on
Human Rights Practices.--The Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.) is amended--
(1) in section 116(d) (22 U.S.C. 2151n(d))--
(A) in paragraph (11)(C), by striking ``and'' at the end;
(B) in paragraph (12)(C)(ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(13) wherever applicable, violence or discrimination that
affects the fundamental freedoms or human rights of migrants
located in a foreign country.''; and
(2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting
after the ninth sentence the following: ``Wherever
applicable, such report shall also include information
regarding violence or discrimination that affects the
fundamental freedoms or human rights of migrants permanently
or temporarily located in a foreign country.''.
(b) Review at Diplomatic and Consular Posts.--In preparing
the annual country reports on human rights practices required
under section 116 or 502B of the Foreign Assistance Act of
1961 (22 U.S.C. 2151n and 2304), as amended by subsection
(a), the Secretary of State shall obtain information from
each diplomatic and consular post with respect to--
(1) incidents of violence against migrants located in the
country in which such post is located;
(2) an analysis of the factors enabling or aggravating such
incidents, such as government policy, societal pressure, or
the actions of external actors; and
(3) the response, whether public or private, of the
personnel of such post with respect to such incidents.
(c) Migrant.--For the purposes of this section and the
amendments made by this section, the term ``migrant''
includes economic migrants, guest workers, refugees, asylum-
seekers, stateless persons, trafficked persons, undocumented
migrants, and unaccompanied children, in addition to other
individuals who change their country of usual residence
temporarily or permanently.
amendment no. 485 offered by mr. castro of texas
Add at the end of subtitle G of division E the following:
SEC. __. LAW ENFORCEMENT AUTHORITY OF THE INSPECTOR GENERAL
OF THE UNITED STATES INTERNATIONAL DEVELOPMENT
FINANCE CORPORATION.
Section 6(f)(3) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by inserting ``International
Development Finance Corporation,'' before ``Environmental''.
amendment no. 486 offered by mr. cicilline of rhode island
Page 1236, insert after line 17 the following:
SEC. 5103. IMPROVEMENT OF VET CENTERS AT DEPARTMENT OF
VETERANS AFFAIRS.
(a) Productivity Expectations for Readjustment Counselors
of Vet Centers.--
(1) Evaluation of productivity expectations.--Not later
than one year after the date of the enactment of this Act,
the Secretary of Veterans Affairs shall evaluate productivity
expectations for readjustment counselors of Vet Centers,
including by obtaining systematic feedback from counselors on
such expectations, including with respect to following:
(A) Any potential effects of productivity expectations,
whether positive or negative, on client care and the welfare
of readjustment counselors.
(B) Distances readjustment counselors may travel to
appointments, especially with respect to serving rural
veterans.
(C) The possibility that some veterans may not want to use
nor benefit from telehealth or group counseling.
(D) Availability and access of veteran populations to
broadband and telehealth.
(E) Any effect of productivity expectations on readjustment
counselors, including with respect to recruitment, retention,
and welfare.
(F) Whether productivity expectations provide incentives or
pressure to inaccurately report client visits.
(G) Whether directors and readjustment counselors of Vet
Centers need additional training or guidance on how
productivity expectations are calculated.
(H) Such other criteria as the Secretary considers
appropriate.
(2) Systematic feedback.--
(A) In general.--The Secretary shall--
(i) make every effort to ensure that all readjustment
counselors of Vet Centers are given the opportunity to fully
provide feedback, positive or negative, including through a
survey containing open- and close-ended questions, on all
items under paragraph (1);
(ii) in obtaining feedback under paragraph (1), ensure that
the items under paragraph (1) are adequately and completely
addressed in a way that permits responses to be relevant to
the evaluation of productivity expectations;
(iii) collect and safely store the feedback obtained under
paragraph (1)--
(I) in an electronic database that cannot be altered by any
party;
(II) in an anonymized manner, in order to protect the
privacy of each respondent; and
(III) in a manner that allows for evaluation by third
parties of the feedback, such as audit of the feedback by the
Government Accountability Office; and
(iv) provide the feedback obtained under paragraph (1) in
an anonymized manner to the working group established under
subsection (c).
(B) Government accountability office audit.--Not less
frequently than once each year during the five-year period
beginning on the date of the enactment of this Act, the
Comptroller General of the United States shall audit the
feedback obtained from readjustment counselors of Vet Centers
under paragraph (1).
(3) Implementation of changes.--Not later than 90 days
after the date of the completion of the evaluation required
by paragraph (1), the Secretary shall implement any needed
changes to the productivity expectations described in such
paragraph in order to ensure--
[[Page H6418]]
(A) quality of care and access to care for veterans; and
(B) the welfare of readjustment counselors.
(4) Report to congress.--Not later than 180 days after the
date of the completion of the evaluation required by
paragraph (1), the Secretary shall submit to Congress a
report on--
(A) the findings of the evaluation; and
(B) any planned or implemented changes described in
paragraph (3).
(5) Plan for reassessment and implementation.--
(A) Plan.--Not later than one year after the date of the
enactment of this Act, the Secretary shall develop and
implement a plan for--
(i) reassessing productivity expectations for readjustment
counselors of Vet Centers, in consultation with such
counselors; and
(ii) implementing any needed changes to such expectations,
as the Secretary determines appropriate.
(B) Reassessments.--Under the plan required by subparagraph
(A), the Secretary shall conduct a reassessment described in
such paragraph not less frequently than once each year.
(b) Staffing Model for Vet Centers.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall develop and implement a staffing model for Vet Centers
that incorporates key practices in the design of such
staffing model.
(2) Elements.--In developing the staffing model under
paragraph (1), the Secretary shall--
(A) involve key stakeholders, including readjustment
counselors, outreach specialists, and directors of Vet
Centers;
(B) incorporate key work activities and the frequency and
time required to conduct such activities;
(C) ensure the data used in the model is high quality to
provide assurance that staffing estimates are reliable; and
(D) incorporate--
(i) risk factors, including case complexity;
(ii) geography;
(iii) availability, advisability, and willingness of
veterans to use telehealth or group counseling; and
(iv) such other factors as the Secretary considers
appropriate.
(3) Plan for assessments and updates.--Not later than one
year after the date of the enactment of this Act, the
Secretary shall develop a plan for--
(A) assessing and updating the staffing model developed and
implemented under paragraph (1) not less frequently than once
every four years; and
(B) implementing any needed changes to such model, as the
Secretary determines appropriate.
(c) Working Group of Readjustment Counselors, Outreach
Specialists, and Directors of Vet Centers.--
(1) In general.--In conducting the evaluation of
productivity expectations under subsection (a) (1) and
developing the staffing model for Vet Centers under
subsection (b)(1), the Secretary of Veterans Affairs shall
establish a working group to assess--
(A) the efficacy, impact, and composition of performance
metrics for such expectations with respect to--
(i) quality of care and access to care for veterans; and
(ii) the welfare of readjustment counselors and other
employees of Vet Centers; and
(B) key considerations for the development of such staffing
model, including with respect to--
(i) quality of care and access to care for veterans and
other individuals eligible for care through Vet Centers; and
(ii) recruitment, retention, and welfare of employees of
Vet Centers.
(2) Membership.--The working group established under
paragraph (1) shall be composed of readjustment counselors,
outreach specialists, and directors of Vet Centers.
(3) Feedback and recommendations.--The working group
established under paragraph (1) shall provide to the
Secretary--
(A) feedback from readjustment counselors, outreach
specialists, and directors of Vet Centers; and
(B) recommendations on how to improve--
(i) quality of care and access to care for veterans; and
(ii) the welfare of readjustment counselors and other
employees of Vet Centers.
(d) Improvements of Hiring Practices at Vet Centers.--
(1) Standardization of position descriptions.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall standardize descriptions of position responsibilities
at Vet Centers.
(B) Reporting requirement.--In each of the first two annual
reports submitted under section 7309(e) of title 38, United
States Code, after the date of the enactment of this Act, the
Secretary shall include a description of the actions taken by
the Secretary to carry out subparagraph (A).
(2) Expansion of reporting requirements on readjustment
counseling to include actions to reduce staffing vacancies
and time to hire.--Section 7309(e)(2) of title 38, United
States Code, is amended by adding at the end the following
new subparagraph:
``(D) A description of actions taken by the Secretary to
reduce--
``(i) vacancies in counselor positions in the Readjustment
Counseling Service; and
``(ii) the time it takes to hire such counselors.''.
(e) Report by Government Accountability Office on Vet
Center Infrastructure and Future Investments.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on physical
infrastructure and future investments with respect to Vet
Centers.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An assessment of--
(i) the condition of the physical infrastructure of all
assets of Vet Centers, whether owned or leased by the
Department of Veterans Affairs; and
(ii) the short-, medium-, and long-term plans of the
Department to maintain and upgrade the physical
infrastructure of Vet Centers to address the operational
needs of Vet Centers as of the date of the submittal of the
report and future needs.
(B) An assessment of management and strategic planning for
the physical infrastructure of Vet Centers, including whether
the Department should buy or lease existing or additional
locations in areas with stable or growing populations of
veterans.
(C) An assessment of whether, as of the date of the
submittal of the report, Vet Center buildings, mobile Vet
Centers, community access points, and similar infrastructure
are sufficient to care for veterans or if such infrastructure
is negatively affecting care due to limited space for
veterans and Vet Center personnel or other factors.
(D) An assessment of the areas with the greatest need for
investments in--
(i) improved physical infrastructure, including upgraded
Vet Centers; or
(ii) additional physical infrastructure for Vet Centers,
including new Vet Centers owned or leased by the Department.
(E) A description of the authorities and resources that may
be required for the Secretary to make such investments.
(F) A review of all annual reports submitted under 7309(e)
of title 38, United States Code, before the date of the
submittal of the report under paragraph (1).
(f) Pilot Program to Combat Food Insecurity Among Veterans
and Family Members of Veterans.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall establish a pilot program to award grants to eligible
entities to support partnerships that address food insecurity
among veterans and family members of veterans who receive
services through Vet Centers or other facilities of the
Department as determined by the Secretary.
(2) Duration of pilot.--The Secretary shall carry out the
pilot program for a three-year period beginning on the date
of the establishment of the pilot program.
(3) Training and technical assistance.--The Secretary may
provide eligible entities receiving grant funding under the
pilot program with training and technical assistance on the
provision of food insecurity assistance services to veterans
and family members of veterans.
(4) Eligible entities.--For purposes of the pilot program,
an eligible entity is--
(A) a nonprofit organization;
(B) an organization recognized by the Secretary for the
representation of veterans under section 5902 of title 38,
United States Code;
(C) a public agency;
(D) a community-based organization; or
(E) an institution of higher education.
(5) Application.--An eligible entity seeking a grant under
the pilot program shall submit to the Secretary an
application therefor at such time, in such manner, and
containing such information and commitments as the Secretary
may require.
(6) Selection.--The Secretary shall select eligible
entities that submit applications under paragraph (5) for the
award of grants under the pilot program using a competitive
process that takes into account the following:
(A) Capacity of the applicant entity to serve veterans and
family members of veterans.
(B) Demonstrated need of the population the applicant
entity would serve.
(C) Demonstrated need of the applicant entity for
assistance from the grant.
(D) Such other criteria as the Secretary considers
appropriate.
(7) Distribution.--The Secretary shall ensure, to the
extent practicable, an equitable geographic distribution of
grants awarded under this subsection.
(8) Minimum program requirements.--Any grant awarded under
this subsection shall be used--
(A) to coordinate with the Secretary with respect to the
provision of assistance to address food insecurity among
veterans and family members of veterans described in
paragraph (1);
(B) to increase participation in nutrition counseling
programs and provide educational materials and counseling to
veterans and family members of veterans to address food
insecurity and healthy diets among those individuals;
(C) to increase access to and enrollment in Federal
assistance programs, including the supplemental nutrition
assistance program under the Food and Nutrition Act of 2008
(7 U.S.C. 2011 et seq.), the special supplemental nutrition
program for women, infants, and children established by
section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786),
[[Page H6419]]
the low-income home energy assistance program established
under the Low-Income Home Energy Assistance Act of 1981 (42
U.S.C. 8621 et seq.), and any other assistance program that
the Secretary considers advisable; and
(D) to fulfill such other criteria as the Secretary
considers appropriate to further the purpose of the grant and
serve veterans.
(9) Provision of information.--Each entity that receives a
grant under this subsection shall provide to the Secretary,
at least once each year during the duration of the grant
term, data on--
(A) the number of veterans and family members of veterans
screened for, and enrolled in, programs described in
subparagraphs (B) and (C) of paragraph (8);
(B) other services provided by the entity to veterans and
family members of veterans using funds from the grant; and
(C) such other data as the Secretary may require.
(10) Report on data collected.--For each year of operation
of the pilot program, the Secretary shall submit to the
appropriate committees of Congress a report on the data
collected under paragraph (9) during such year.
(11) Government accountability office report.--
(A) In general.--Not later than one year after the date on
which the pilot program terminates, the Comptroller General
of the United States shall submit to Congress a report
evaluating the effectiveness and outcomes of the activities
carried out under this subsection in reducing food insecurity
among veterans and family members of veterans.
(B) Elements.--The report required by subparagraph (A)
shall include the following:
(i) A summary of the activities carried out under this
subsection.
(ii) An assessment of the effectiveness and outcomes of the
grants awarded under this subsection, including with respect
to eligibility screening contacts, application assistance
consultations, and changes in food insecurity among the
population served by the grant.
(iii) Best practices regarding the use of partnerships to
improve the effectiveness and outcomes of public benefit
programs to address food insecurity among veterans and family
members of veterans.
(iv) An assessment of the feasibility and advisability of
making the pilot program permanent and expanding to other
locations.
(12) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated to
carry out the pilot program established under paragraph (1)
$15,000,000 for each fiscal year in which the program is
carried out, beginning with the fiscal year in which the
program is established.
(B) Administrative expenses.--Of the amounts authorized to
be appropriated under subparagraph (A), not more than ten
percent may be used for administrative expenses of the
Department of Veterans Affairs associated with administering
grants under this subsection.
(13) Definitions.--In this subsection:
(A) The term ``appropriate committees of Congress'' means--
(i) the Committee on Veterans' Affairs, the Committee on
Appropriations, and the Committee on Agriculture, Nutrition,
and Forestry of the Senate; and
(ii) the Committee on Veterans' Affairs, the Committee on
Appropriations, and the Committee on Agriculture of the House
of Representatives.
(B) The term ``facilities of the Department'' has the
meaning given that term in section 1701(3) of title 38,
United States Code.
(C) The term ``institution of higher education'' has the
meaning given that term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
(D) The term ``public agency'' means a department, agency,
other unit, or instrumentality of Federal, State, Tribal, or
local government.
(E) The term ``State'' has the meaning given that term in
section 101(20) of title 38, United States Code.
(F) The term ``veteran'' means an individual who served in
the Armed Forces, including an individual who served in a
reserve component of the Armed Forces, and who was discharged
or released therefrom, regardless of the conditions of such
discharge or release.
(g) Definition of Vet Center.--In this section, the term
``Vet Center'' has the meaning given that term in section
1712A(h) of title 38, United States Code.
amendment no. 487 offered by mr. cicilline of rhode island
At the appropriate place in subtitle E of title XII, insert
the following:
SEC. __. MODIFICATION TO UNITED STATES MEMBERSHIP IN
INTERPARLIAMENTARY GROUP.
Section 1316(b) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 2001) is
amended to read as follows:
``(b) Membership.--The Cyprus, Greece, Israel, and the
United States 3+1 Interparliamentary Group shall include a
group, to be known as the `United States group', that
consists of--
``(1) not more than 6 United States Senators, who shall be
appointed jointly by the majority leader and the minority
leader of the Senate; and
``(2) not more than 6 Members of the United States House of
Representatives, who shall be appointed jointly by the
Speaker and minority leader of the House of
Representatives.''.
amendment no. 488 offered by mr. cleaver of missouri
Page 1262, after line 23, insert the following:
SEC. 5403. PROMOTING DIVERSITY AND INCLUSION IN THE APPRAISAL
PROFESSION.
(a) In General.--The Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 is amended--
(1) in section 1103(a) (12 U.S.C. 3332(a))--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting a semicolon;
(C) in paragraph (5), by striking the period at the end and
inserting a semicolon;
(D) in paragraph (6), by striking the period at the end and
inserting ``a semicolon; and''; and
(E) by adding at the end the following new paragraph:
``(7) administer the grant program under section
1122(j).'';
(2) in section 1106 (12 U.S.C. 3335)--
(A) by inserting ``(a) In General.--'' before ``The
Appraisal Subcommittee'';
(B) by striking the comma after ``comment'';
(C) by inserting before ``Any regulations'' the following:
``(b) Regulations.--''; and
(D) in subsection (a) (as so designated by subparagraph (A)
of this paragraph), by adding at the end the following: ``The
Appraisal Subcommittee may coordinate, and enter into
agreements, with private industry stakeholders (including
appraisal management companies and industry associations) to
facilitate activities and practices that ensure diversity
among individuals newly hired as appraisers in their first
employment positions in the appraisal industry.''; and
(3) in section 1122 (12 U.S.C. 3351), by adding at the end
the following new subsection:
``(j) Grant Program To Promote Diversity and Inclusion in
the Appraisal Profession.--
``(1) In general.--The Appraisal Subcommittee shall carry
out a program under this subsection to makes grants to State
agencies, nonprofit organizations, and institutions of higher
education to promote diversity and inclusion in the appraisal
profession.
``(2) Eligible activities.--Activities carried out with
amounts from a grant under this Act shall be designed to
promote diversity and inclusion in the appraisal profession,
and may include--
``(A) funding scholarships;
``(B) providing training and education;
``(C) providing implicit bias training for appraisers; and
``(D) other activities as determined appropriate to further
the purposes of this grant program by the Appraisal
Subcommittee.
``(3) Allocation of funds.--In making grants under this
subsection, the Appraisal Subcommittee shall--
``(A) allocate 50 percent of the funds made available to
part B institutions (as such term is defined in section 322
of the Higher Education Act of 1965 (20 U.S.C. 1061)) or
universities with degree programs approved by the Appraiser
Qualifications Board or a relevant State regulatory agency
for--
``(i) scholarships for students of color who want to pursue
a career in real estate appraisal; and
``(ii) subsidizing living expenses for those students while
in training; and
``(B) allocate 20 percent of the funds to cover the cost of
fulfilling the experience requirements or other applicable
requirements that the students described under subparagraph
(A) will need to complete in order to become appraisers.
``(4) Administrative costs.--The Appraisal Subcommittee may
use 1 percent of amounts appropriated pursuant to paragraph
(6) to cover the administrative costs of carrying out this
subsection.
``(5) Reports.--For each fiscal year during which grants
are made under the program under this subsection, the
Appraisal Subcommittee shall submit a report to the Congress
regarding implementation of the program and describing the
grants made, activities conducted using grant amounts, and
the number of individuals served by such grants,
disaggregated by race, ethnicity, age, and gender.''.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Appraisal Subcommittee for carrying
out the amendments made by this section, including for making
grants authorized by such amendments, $50,000,000 for each of
fiscal years 2023 through 2027
amendment no. 489 offered by mr. cohen of tennessee
Add at the end of title LVIII of division E the following:
SEC. ___. EXTENDING THE STATUTE OF LIMITATIONS FOR CERTAIN
MONEY LAUNDERING OFFENSES.
Section 1956 of title 18, United States Code, is amended by
adding at the end the following:
``(j) Seven-year Limitation.--Notwithstanding section 3282,
no person shall be prosecuted, tried, or punished for a
violation of this section or section 1957 if the specified
unlawful activity constituting the violation is the activity
defined in subsection (c)(7)(B) of this section, unless the
indictment is
[[Page H6420]]
found or the information is instituted not later than 7 years
after the date on which the offense was committed.''.
amendment no. 490 offered by mr. cohen of tennessee
Add at the end of title LVIII of division E the following:
SEC. __. FOREIGN CORRUPTION ACCOUNTABILITY SANCTIONS AND
CRIMINAL ENFORCEMENT.
(a) In General.--
(1) Findings.--Congress finds the following:
(A) When public officials and their allies use the
mechanisms of government to engage in extortion or bribery,
they impoverish their countries' economic health and harm
citizens.
(B) 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 deter
malfeasance and ultimately serve the citizens of fragile
countries suffocated by corrupt bureaucracies.
(C) The Special Inspector General for Afghan
Reconstruction's 2016 report ``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.''.
(2) Authorization of imposition of sanctions.--
(A) In general.--The Secretary of State may impose the
sanctions described in subparagraph (B) with respect to any
foreign person who is an individual the Secretary of State
determines--
(i) 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
(ii) 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 clause (i).
(B) Sanctions described.--
(i) Inadmissibility to united states.--A foreign person who
is subject to sanctions under this subsection 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.).
(ii) Current visas revoked.--
(I) In general.--The visa or other entry documentation of a
foreign person who is subject to sanctions under this
subsection shall be revoked regardless of when such visa or
other entry documentation is issued.
(II) Effect of revocation.--A revocation under subclause
(I) shall--
(aa) take effect immediately; and
(bb) automatically cancel any other valid visa or entry
documentation that is in the foreign person's possession.
(C) Exception to comply with law enforcement objectives and
agreement regarding headquarters of united nations.--
Sanctions described under subparagraph (B) shall not apply to
a foreign person if admitting the person into the United
States--
(i) would further important law enforcement objectives; or
(ii) 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.
(D) Termination of sanctions.--The Secretary of State may
terminate the application of sanctions under this paragraph
with respect to a foreign person if the Secretary of State
determines and reports to the appropriate congressional
committees not later than 15 days before the termination of
the sanctions that--
(i) 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;
(ii) the Secretary of State has received reliable
assurances that the person will not knowingly engage in
activity subject to sanctions under this part in the future;
or
(iii) the termination of the sanctions is in the national
security interests of the United States.
(E) Regulatory authority.--The Secretary of State shall
issue such regulations, licenses, and orders as are necessary
to carry out this paragraph.
(F) Appropriate congressional committees defined.--In this
paragraph, the term ``appropriate congressional committees''
means--
(i) the Committee on the Judiciary and the Committee on
Foreign Affairs of the House of Representatives; and
(ii) the Committee on the Judiciary and the Committee on
Foreign Relations of the Senate.
(3) Reports to congress.--
(A) In general.--The Secretary of State shall submit to the
appropriate congressional committees, in accordance with
subparagraph (B), a report that includes--
(i) a list of each foreign person with respect to whom the
Secretary of State imposed sanctions pursuant to paragraph
(2) during the year preceding the submission of the report;
(ii) the number of foreign persons with respect to which
the Secretary of State--
(I) imposed sanctions under paragraph (2)(A) during that
year; and
(II) terminated sanctions under paragraph (2)(D) during
that year;
(iii) the dates on which such sanctions were imposed or
terminated, as the case may be;
(iv) the reasons for imposing or terminating such
sanctions;
(v) the total number of foreign persons considered under
paragraph (2)C) for whom sanctions were not imposed; and
(vi) recommendations as to whether the imposition of
additional sanctions would be an added deterrent in
preventing public corruption.
(B) Dates for submission.--
(i) Initial report.--The Secretary of State shall submit
the initial report under subparagraph (A) not later than 120
days after the date of the enactment of this Act.
(ii) Subsequent reports.--The Secretary of State shall
submit a subsequent report under subparagraph (A) 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.
(C) Form of report.--
(i) In general.--Each report required by subparagraph (A)
shall be submitted in unclassified form, but may include a
classified annex.
(ii) Exception.--The name of a foreign person to be
included in the list required by subparagraph (A)(i) may be
submitted in the classified annex authorized by clause (i)
only if the Secretary of State--
(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 subsection.
(D) Public availability.--
(i) In general.--The unclassified portion of the report
required by subparagraph (A) shall be made available to the
public, including through publication in the Federal
Register.
(ii) Nonapplicability of confidentiality requirement with
respect to visa records.--The Secretary of State shall
publish the list required by subparagraph (A)(i) 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.
(E) Appropriate congressional committees defined.--In this
paragraph, the term ``appropriate congressional committees''
means--
(i) the Committee on Foreign Affairs, and the Committee on
the Judiciary of the House of Representatives; and
(ii) the Committee on Foreign Relations, and the Committee
on the Judiciary of the Senate.
(4) Sunset.--
(A) In general.--The authority to impose sanctions under
paragraph (2) and the requirements to submit reports under
paragraph (3) shall terminate on the date that is 6 years
after the date of enactment of this Act.
(B) Continuation in effect of sanctions.--Sanctions imposed
under paragraph (2) on or before the date specified in
subparagraph (A), and in effect as of such date, shall remain
in effect until terminated in accordance with the
requirements of paragraph (2)(D).
(5) Definitions.--In this subsection:
(A) Entity.--The term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization.
(B) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(C) 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.
(D) Person.--The term ``person'' means an individual or
entity.
(E) Public corruption.--The term ``public corruption''
means the unlawful exercise of entrusted public power for
private gain, including by bribery, nepotism, fraud, or
embezzlement.
(b) Justice for Victims of Kleptocracy.--
(1) Forfeited property.--
(A) 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:
[[Page H6421]]
``(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 not later than 14 days after such
forfeiture, unless such update would compromise an ongoing
law enforcement investigation.''.
(B) 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.''.
(2) 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.
amendment no. 491 offered by mr. connolly of virginia
At the end of division E, add the following:
TITLE LIX--GLOBAL HEALTH SECURITY ACT OF 2022
SEC. 5901. SHORT TITLE.
This title may be cited as the ``Global Health Security Act
of 2022''.
SEC. 5902. FINDINGS.
Congress finds the following:
(1) In December 2009, President Obama released the National
Strategy for Countering Biological Threats, which listed as
one of seven objectives ``Promote global health security:
Increase the availability of and access to knowledge and
products of the life sciences that can help reduce the impact
from outbreaks of infectious disease whether of natural,
accidental, or deliberate origin''.
(2) In February 2014, the United States and nearly 30 other
nations launched the Global Health Security Agenda (GHSA) to
address several high-priority, global infectious disease
threats. The GHSA is a multi-faceted, multi-country
initiative intended to accelerate partner countries'
measurable capabilities to achieve specific targets to
prevent, detect, and respond to infectious disease threats,
whether naturally occurring, deliberate, or accidental.
(3) In 2015, the United Nations adopted the Sustainable
Development Goals (SDGs), which include specific reference to
the importance of global health security as part of SDG 3
``ensure healthy lives and promote well-being for all at all
ages'' as follows: ``strengthen the capacity of all
countries, in particular developing countries, for early
warning, risk reduction and management of national and global
health risks''.
(4) On November 4, 2016, President Obama signed Executive
Order No. 13747, ``Advancing the Global Health Security
Agenda to Achieve a World Safe and Secure from Infectious
Disease Threats''.
(5) In October 2017 at the GHSA Ministerial Meeting in
Uganda, the United States and more than 40 GHSA member
countries supported the ``Kampala Declaration'' to extend the
GHSA for an additional 5 years to 2024.
(6) In December 2017, President Trump released the National
Security Strategy, which includes the priority action:
``Detect and contain biothreats at their source: We will work
with other countries to detect and mitigate outbreaks early
to prevent the spread of disease. We will encourage other
countries to invest in basic health care systems and to
strengthen global health security across the intersection of
human and animal health to prevent infectious disease
outbreaks''.
(7) In September 2018, President Trump released the
National Biodefense Strategy, which includes objectives to
``strengthen global health security capacities to prevent
local bioincidents from becoming epidemics'', and
``strengthen international preparedness to support
international response and recovery capabilities''.
(8) In January 2021, President Biden issued Executive Order
13987 (86 Fed. Reg. 7019; relating to Organizing and
Mobilizing the United States Government to Provide a Unified
and Effective Response to Combat COVID-19 and to Provide
United States Leadership on Global Health and Security), as
well as National Security Memorandum on United States Global
Leadership to Strengthen the International COVID-19 Response
and to Advance Global Health Security and Biological
Preparedness, which include objectives to strengthen and
reform the World Health Organization, increase United States
leadership in the global response to COVID-19, and to finance
and advance global health security and pandemic preparedness.
SEC. 5903. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) promote and invest in global health security and
pandemic preparedness as a core national security interest;
(2) advance the aims of the Global Health Security Agenda;
(3) collaborate with other countries to detect and mitigate
outbreaks early to prevent the spread of disease;
(4) encourage and support other countries to advance
pandemic preparedness by investing in basic resilient and
sustainable health care systems; and
(5) strengthen global health security across the
intersection of human and animal health to prepare for and
prevent infectious disease outbreaks and combat the growing
threat of antimicrobial resistance.
SEC. 5904. GLOBAL HEALTH SECURITY AGENDA INTERAGENCY REVIEW
COUNCIL.
(a) Establishment.--The President shall establish a Global
Health Security Agenda Interagency Review Council (in this
section referred to as the ``Council'') to perform the
general responsibilities described in subsection (c) and the
specific roles and responsibilities described in subsection
(e).
(b) Meetings.--The Council shall meet not less than four
times per year to advance its mission and fulfill its
responsibilities.
(c) General Responsibilities.--The Council shall be
responsible for the following activities:
(1) Provide policy-level recommendations to participating
agencies on Global Health Security Agenda (GHSA) goals,
objectives, and implementation, and other international
efforts to strengthen pandemic preparedness and response.
(2) Facilitate interagency, multi-sectoral engagement to
carry out GHSA implementation.
(3) Provide a forum for raising and working to resolve
interagency disagreements concerning the GHSA, and other
international efforts to strengthen pandemic preparedness and
response.
(4)(A) Review the progress toward and work to resolve
challenges in achieving United States commitments under the
GHSA, including commitments to assist other countries in
achieving the GHSA targets.
(B) The Council shall consider, among other issues, the
following:
(i) The status of United States financial commitments to
the GHSA in the context of commitments by other donors, and
the contributions of partner countries to achieve the GHSA
targets.
(ii) The progress toward the milestones outlined in GHSA
national plans for those countries where the United States
Government has committed to assist in implementing the GHSA
and in annual work-plans outlining agency priorities for
implementing the GHSA.
(iii) The external evaluations of United States and partner
country capabilities to address infectious disease threats,
including the ability to achieve the targets outlined within
the WHO Joint External Evaluation tool, as well as gaps
identified by such external evaluations.
(d) Participation.--The Council shall be headed by the
Assistant to the President for National Security Affairs, in
coordination with the heads of relevant Federal agencies. The
Council shall consist of representatives from the following
agencies:
(1) The Department of State.
(2) The Department of Defense.
(3) The Department of Justice.
(4) The Department of Agriculture.
(5) The Department of Health and Human Services.
(6) The Department of the Treasury.
(7) The Department of Labor.
(8) The Department of Homeland Security.
(9) The Office of Management and Budget.
(10) The Office of the Director of National Intelligence.
(11) The United States Agency for International
Development.
(12) The Environmental Protection Agency.
(13) The Centers for Disease Control and Prevention.
(14) The Office of Science and Technology Policy.
(15) The National Institutes of Health.
(16) The National Institute of Allergy and Infectious
Diseases.
(17) Such other agencies as the Council determines to be
appropriate.
(e) Specific Roles and Responsibilities.--
(1) In general.--The heads of agencies described in
subsection (d) shall--
(A) make the GHSA and its implementation and global
pandemic preparedness a high priority within their respective
agencies, and include GHSA- and global pandemic preparedness-
related activities within their respective agencies'
strategic planning and budget processes;
(B) designate a senior-level official to be responsible for
the implementation of this title;
(C) designate, in accordance with subsection (d), an
appropriate representative at the Assistant Secretary level
or higher to participate on the Council;
(D) keep the Council apprised of GHSA-related activities
undertaken within their respective agencies;
(E) maintain responsibility for agency-related programmatic
functions in coordination with host governments, country
teams, and GHSA in-country teams, and in conjunction with
other relevant agencies;
(F) coordinate with other agencies that are identified in
this section to satisfy programmatic goals, and further
facilitate coordination of country teams, implementers, and
donors in host countries; and
(G) coordinate across national health security action plans
and with GHSA and other
[[Page H6422]]
partners, as appropriate, to which the United States is
providing assistance.
(2) Additional roles and responsibilities.--In addition to
the roles and responsibilities described in paragraph (1),
the heads of agencies described in subsection (d) shall carry
out their respective roles and responsibilities described in
subsections (b) through (i) of section 3 of Executive Order
13747 (81 Fed. Reg. 78701; relating to Advancing the Global
Health Security Agenda to Achieve a World Safe and Secure
from Infectious Disease Threats), as in effect on the day
before the date of the enactment of this Act.
SEC. 5905. UNITED STATES COORDINATOR FOR GLOBAL HEALTH
SECURITY.
(a) In General.--The President shall appoint an individual
to the position of United States Coordinator for Global
Health Security, who shall be responsible for the
coordination of the interagency process for responding to
global health security emergencies. As appropriate, the
designee shall coordinate with the President's Special
Coordinator for International Disaster Assistance.
(b) Congressional Briefing.--Not less frequently than twice
each year, the employee designated under this section shall
provide to the appropriate congressional committees a
briefing on the responsibilities and activities of the
individual under this section.
SEC. 5906. SENSE OF CONGRESS.
It is the sense of the Congress that, given the complex and
multisectoral nature of global health threats to the United
States, the President--
(1) should consider appointing an individual with
significant background and expertise in public health or
emergency response management to the position of United
States Coordinator for Global Health Security, as required by
section 5905(a), who is an employee of the National Security
Council at the level of Deputy Assistant to the President or
higher; and
(2) in providing assistance to implement the strategy
required under section 5907(a), should--
(A) coordinate, through a whole-of-government approach, the
efforts of relevant Federal departments and agencies to
implement the strategy;
(B) seek to fully utilize the unique capabilities of each
relevant Federal department and agency while collaborating
with and leveraging the contributions of other key
stakeholders; and
(C) utilize open and streamlined solicitations to allow for
the participation of a wide range of implementing partners
through the most appropriate procurement mechanisms, which
may include grants, contracts, cooperative agreements, and
other instruments as necessary and appropriate.
SEC. 5907. STRATEGY AND REPORTS.
(a) Strategy.--The President shall coordinate the
development and implementation of a strategy to implement the
policy aims described in section 5903, which shall--
(1) seek to strengthen United States diplomatic leadership
and improve the effectiveness of United States foreign
assistance for global health security to prevent, detect, and
respond to infectious disease threats, including through
advancement of the Global Health Security Agenda (GHSA), the
International Health Regulations (2005), and other relevant
frameworks that contribute to global health security and
pandemic preparedness;
(2) establish specific and measurable goals, benchmarks,
timetables, performance metrics, and monitoring and
evaluation plans for United States foreign assistance for
global health security that promote learning and reflect
international best practices relating to global health
security, transparency, and accountability;
(3) establish mechanisms to improve coordination and avoid
duplication of effort between the United States Government
and partner countries, donor countries, the private sector,
multilateral organizations, and other key stakeholders;
(4) prioritize working with partner countries with
demonstrated--
(A) need, as identified through the Joint External
Evaluation process, the Global Health Security Index
classification of health systems, national action plans for
health security, GHSA Action Packages, and other
complementary or successor indicators of global health
security and pandemic preparedness; and
(B) commitment to transparency, including budget and global
health data transparency, complying with the International
Health Regulations (2005), investing in domestic health
systems, and achieving measurable results;
(5) reduce long-term reliance upon United States foreign
assistance for global health security by promoting partner
country ownership, improved domestic resource mobilization,
co-financing, and appropriate national budget allocations for
global health security and pandemic preparedness and
response;
(6) assist partner countries in building the technical
capacity of relevant ministries, systems, and networks to
prepare, execute, monitor, and evaluate effective national
action plans for health security, including mechanisms to
enhance budget and global health data transparency, as
necessary and appropriate;
(7) support and be aligned with country-owned global health
security policy and investment plans developed with input
from key stakeholders, as appropriate;
(8) facilitate communication and collaboration, as
appropriate, among local stakeholders in support of a multi-
sectoral approach to global health security;
(9) support the long-term success of programs by building
the capacity of local organizations and institutions in
target countries and communities;
(10) develop community resilience to infectious disease
threats and emergencies;
(11) support global health budget and workforce planning in
partner countries, including training in financial management
and budget and global health data transparency;
(12) align United States foreign assistance for global
health security with national action plans for health
security in partner countries, developed with input from key
stakeholders, including the private sector, to the greatest
extent practicable and appropriate;
(13) strengthen linkages between complementary bilateral
and multilateral foreign assistance programs, including
efforts of the World Bank, the World Health Organization, the
Global Fund to Fight AIDS, Tuberculosis, and Malaria, and
Gavi, the Vaccine Alliance, that contribute to the
development of more resilient health systems and supply
chains in partner countries with the capacity, resources, and
personnel required to prevent, detect, and respond to
infectious disease threats;
(14) support innovation and public-private partnerships to
improve pandemic preparedness and response, including for the
development and deployment of effective, accessible, and
affordable infectious disease tracking tools, diagnostics,
therapeutics, and vaccines;
(15) support collaboration with and among relevant public
and private research entities engaged in global health
security; and
(16) support collaboration between United States
universities and public and private institutions in partner
countries that promote global health security and innovation.
(b) Strategy Submission.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President, in consultation
with the head of each relevant Federal department and agency,
shall submit to the appropriate congressional committees the
strategy required under subsection (a) that provides a
detailed description of how the United States intends to
advance the policy set forth in section 5903 and the agency-
specific plans described in paragraph (2).
(2) Agency-specific plans.--The strategy required under
subsection (a) shall include specific implementation plans
from each relevant Federal department and agency that
describe--
(A) the anticipated contributions of the department or
agency, including technical, financial, and in-kind
contributions, to implement the strategy; and
(B) the efforts of the department or agency to ensure that
the activities and programs carried out pursuant to the
strategy are designed to achieve maximum impact and long-term
sustainability.
(c) Report.--
(1) In general.--Not later than 1 year after the date on
which the strategy required under subsection (a) is submitted
to the appropriate congressional committees under subsection
(b), and not later than October 1 of each year thereafter,
the President shall submit to the appropriate congressional
committees a report that describes the status of the
implementation of the strategy.
(2) Contents.--The report required under paragraph (1)
shall--
(A) identify any substantial changes made in the strategy
during the preceding calendar year;
(B) describe the progress made in implementing the
strategy;
(C) identify the indicators used to establish benchmarks
and measure results over time, as well as the mechanisms for
reporting such results in an open and transparent manner;
(D) contain a transparent, open, and detailed accounting of
expenditures by relevant Federal departments and agencies to
implement the strategy, including, to the extent practicable,
for each Federal department and agency, the statutory source
of expenditures, amounts expended, partners, targeted
populations, and types of activities supported;
(E) describe how the strategy leverages other United States
global health and development assistance programs and
bilateral and multilateral institutions;
(F) assess efforts to coordinate United States global
health security programs, activities, and initiatives with
key stakeholders;
(G) incorporate a plan for regularly reviewing and updating
strategies, partnerships, and programs and sharing lessons
learned with a wide range of stakeholders, including key
stakeholders, in an open, transparent manner; and
(H) describe the progress achieved and challenges
concerning the United States Government's ability to advance
GHSA and pandemic preparedness, including data disaggregated
by priority country using indicators that are consistent on a
year-to-year basis and recommendations to resolve, mitigate,
or otherwise address the challenges identified therein.
(d) Form.--The strategy required under subsection (a) and
the report required under subsection (c) shall be submitted
in unclassified form but may contain a classified annex.
[[Page H6423]]
SEC. 5908. ESTABLISHMENT OF FUND FOR GLOBAL HEALTH SECURITY
AND PANDEMIC PREPAREDNESS.
(a) Negotiations for Establishment of a Fund for Global
Health Security and Pandemic Preparedness.--The Secretary of
State, in coordination with the Secretary of the Treasury,
the Administrator of the United States Agency for
International Development, the Secretary of Health and Human
Services, and the heads of other relevant Federal departments
and agencies as necessary and appropriate, should seek to
enter into negotiations with donors, relevant United Nations
agencies, including the World Health Organization, and other
key multilateral stakeholders, for the establishment of--
(1) a multilateral, catalytic financing mechanism for
global health security and pandemic preparedness, which may
be known as the Fund for Global Health Security and Pandemic
Preparedness (in this title referred to as ``the Fund''), in
accordance with the provisions of this section; and
(2) an Advisory Board to the Fund in accordance with
section 5909.
(b) Purpose.--The purpose of the Fund should be to close
critical gaps in global health security and pandemic
preparedness and build capacity in eligible partner countries
in the areas of global health security, infectious disease
control, and pandemic preparedness, such that it--
(1) prioritizes capacity building and financing
availability in eligible partner countries;
(2) incentivizes countries to prioritize the use of
domestic resources for global health security and pandemic
preparedness;
(3) leverages government, nongovernment, and private sector
investments;
(4) regularly responds to and evaluates progress based on
clear metrics and benchmarks, such as the Joint External
Evaluation and Global Health Security Index;
(5) aligns with and complements ongoing bilateral and
multilateral efforts and financing, including through the
World Bank, the World Health Organization, the Global Fund to
Fight AIDS, Tuberculosis, and Malaria, and Gavi, the Vaccine
Alliance; and
(6) accelerates country compliance with the International
Health Regulations (2005) and fulfillment of the Global
Health Security Agenda 2024 Framework, in coordination with
the ongoing Joint External Evaluation national action
planning process.
(c) Executive Board.--
(1) In general.--The Fund should be governed by an
Executive Board, which should be composed of not more than 20
representatives of donor governments, foundations, academic
institutions, civil society, and the private sector that meet
a minimum threshold in annual contributions and agree to
uphold transparency measures.
(2) Duties.--The Executive Board should be charged with
approving strategies, operations, and grant-making
authorities, such that it is able to conduct effective
fiduciary, monitoring, and evaluation efforts, and other
oversight functions. In addition, the Executive Board
should--
(A) be comprised only of contributors to the Fund at not
less than the minimum threshold to be established pursuant to
paragraph (1);
(B) determine operational procedures such that the Fund is
able to effectively fulfill its mission; and
(C) provide oversight and accountability for the Fund in
collaboration with the Inspector General to be established
pursuant to section 5910(e)(1)(A).
(3) Composition.--The Executive Board should include--
(A) representatives of the governments of founding
permanent member countries who, in addition to the
requirements in paragraph (1), qualify based upon meeting an
established initial contribution threshold, which should be
not less than 10 percent of total initial contributions, and
a demonstrated commitment to supporting the International
Health Regulations (2005);
(B) term members, who are from academic institutions, civil
society, and the private sector and are selected by the
permanent members on the basis of their experience and
commitment to innovation, best practices, and the advancement
of global health security objectives; and
(C) representatives of the World Health Organization, and
the chair of the Global Health Security Steering Group.
(4) Qualifications.--Individuals appointed to the Executive
Board should have demonstrated knowledge and experience
across a variety of sectors, including human and animal
health, agriculture, development, defense, finance, research,
and academia.
(5) Conflicts of interest.--
(A) Technical experts.--The Executive Board may include
independent technical experts, provided they are not
affiliated with or employed by a recipient country or
organization.
(B) Multilateral bodies and institutions.--Executive Board
members appointed under paragraph (3)(C) should recuse
themselves from matters presenting conflicts of interest,
including financing decisions relating to such bodies and
institutions.
(6) United states representation.--
(A) In general.--
(i) Founding permanent member.--The Secretary of State
shall seek to establish the United States as a founding
permanent member of the Fund.
(ii) United states representation.--The United States shall
be represented on the Executive Board by an officer or
employee of the United States appointed by the President.
(B) Effective and termination dates.--
(i) Effective date.--This paragraph shall take effect upon
the date the Secretary of State certifies and transmits to
Congress an agreement establishing the Fund.
(ii) Termination date.--The membership established pursuant
to subparagraph (A) shall terminate upon the date of
termination of the Fund.
(7) Removal procedures.--The Fund should establish
procedures for the removal of members of the Executive Board
who engage in a consistent pattern of human rights abuses,
fail to uphold global health data transparency requirements,
or otherwise violate the established standards of the Fund,
including in relation to corruption.
(8) Enforceability.--Any agreement concluded under the
authorities provided by this section shall be legally
effective and binding upon the United States, as may be
provided in the agreement, upon--
(A) the enactment of appropriate implementing legislation
which provides for the approval of the specific agreement or
agreements, including attachments, annexes, and supporting
documentation, as appropriate; or
(B) if concluded and submitted as a treaty, receiving the
necessary consent of the Senate.
(9) Eligible partner country defined.--In this section, the
term ``eligible partner country'' means a country with
demonstrated--
(A) need, as identified through the Joint External
Evaluation process, the Global Health Security Index
classification of health systems, national action plans for
health security, and other complementary or successor
indicators of global health security and pandemic
preparedness; and
(B) commitment to transparency, including budget and global
health data transparency, complying with the International
Health Regulations (2005), investing in domestic health
systems, and achieving measurable results, and in which the
Fund for Global Health Security and Pandemic Preparedness
established under this section may finance global health
security and pandemic preparedness assistance programs under
this title.
SEC. 5909. FUND AUTHORITIES.
(a) Program Objectives.--
(1) In general.--In carrying out the purpose set forth in
section 5908, the Fund, acting through the Executive Board,
should provide grants, including challenge grants, technical
assistance, concessional lending, catalytic investment funds,
and other innovative funding mechanisms, as appropriate, to--
(A) help eligible partner countries close critical gaps in
health security, as identified through the Joint External
Evaluation process, the Global Health Security Index
classification of health systems, and national action plans
for health security and other complementary or successor
indicators of global health security and pandemic
preparedness; and
(B) support measures that enable such countries, at both
national and sub-national levels, and in partnership with
civil society and the private sector, to strengthen and
sustain resilient health systems and supply chains with the
resources, capacity, and personnel required to prevent,
detect, mitigate, and respond to infectious disease threats
before they become pandemics.
(2) Activities supported.--The activities to be supported
by the Fund should include efforts to--
(A) enable eligible partner countries to formulate and
implement national health security and pandemic preparedness
action plans, advance action packages under the Global Health
Security Agenda, and adopt and uphold commitments under the
International Health Regulations (2005) and other related
international health agreements, as appropriate;
(B) support global health security budget planning in
eligible partner countries, including training in financial
management and budget and global health data transparency;
(C) strengthen the health security workforce, including
hiring, training, and deploying experts to improve frontline
preparedness for emerging epidemic and pandemic threats;
(D) improve infection control and the protection of
healthcare workers within healthcare settings;
(E) combat the threat of antimicrobial resistance;
(F) strengthen laboratory capacity and promote biosafety
and biosecurity through the provision of material and
technical assistance;
(G) reduce the risk of bioterrorism, zoonotic disease
spillover, and accidental biological release;
(H) build technical capacity to manage global health
security related supply chains, including for personal
protective equipment, oxygen, testing reagents, and other
lifesaving supplies, through effective forecasting,
procurement, warehousing, and delivery from central
warehouses to points of service in both the public and
private sectors;
(I) enable bilateral, regional, and international
partnerships and cooperation, including through pandemic
early warning systems and emergency operations centers, to
identify and address transnational infectious disease threats
exacerbated by natural and man-made disasters, human
displacement, and zoonotic infection;
[[Page H6424]]
(J) establish partnerships for the sharing of best
practices and enabling eligible countries to meet targets and
indicators under the Joint External Evaluation process, the
Global Health Security Index classification of health
systems, and national action plans for health security
relating to the detection, treatment, and prevention of
neglected tropical diseases;
(K) build the technical capacity of eligible partner
countries to prepare for and respond to second order
development impacts of infectious disease outbreaks, while
accounting for the differentiated needs and vulnerabilities
of marginalized populations;
(L) develop and utilize metrics to monitor and evaluate
programmatic performance and identify best practices,
including in accordance with Joint External Evaluation
benchmarks, Global Health Security Agenda targets, and Global
Health Security Index indicators;
(M) develop and deploy mechanisms to enhance the
transparency and accountability of global health security and
pandemic preparedness programs and data, in compliance with
the International Health Regulations (2005), including
through the sharing of trends, risks, and lessons learned;
and
(N) develop and implement simulation exercises, produce and
release after action reports, and address related gaps.
(3) Implementation of program objectives.--In carrying out
the objectives of paragraph (1), the Fund should work to
eliminate duplication and waste by upholding strict
transparency and accountability standards and coordinating
its programs and activities with key partners working to
advance global health security and pandemic preparedness,
including--
(A) governments, civil society, faith-based, and
nongovernmental organizations, research and academic
institutions, and private sector entities in eligible partner
countries;
(B) the pandemic early warning systems and emergency
operations centers to be established under section 5909;
(C) the World Health Organization;
(D) the Global Health Security Agenda;
(E) the Global Health Security Initiative;
(F) the Global Fund to Fight AIDS, Tuberculosis, and
Malaria;
(G) the United Nations Office for the Coordination of
Humanitarian Affairs, UNICEF, and other relevant funds,
programs, and specialized agencies of the United Nations;
(H) Gavi, the Vaccine Alliance;
(I) the Coalition for Epidemic Preparedness Innovations
(CEPI);
(J) the Global Polio Eradication Initiative; and
(K) the United States Coordinator for Global Health
Security and Diplomacy established under section 5.
(b) Priority.--In providing assistance under this section,
the Fund should give priority to low-and lower-middle income
countries with--
(1) low scores on the Global Health Security Index
classification of health systems;
(2) measurable gaps in global health security and pandemic
preparedness identified under Joint External Evaluations and
national action plans for health security;
(3) demonstrated political and financial commitment to
pandemic preparedness; and
(4) demonstrated commitment to upholding global health
budget and data transparency and accountability standards,
complying with the International Health Regulations (2005),
investing in domestic health systems, and achieving
measurable results.
(c) Eligible Grant Recipients.--Governments and
nongovernmental organizations should be eligible to receive
grants as described in this section.
SEC. 5910. FUND ADMINISTRATION.
(a) Appointment of an Administrator.--The Executive Board
of the Fund should appoint an Administrator who should be
responsible for managing the day-to-day operations of the
Fund.
(b) Authority to Solicit and Accept Contributions.--The
Fund should be authorized to solicit and accept contributions
from governments, the private sector, foundations,
individuals, and nongovernmental entities of all kinds.
(c) Accountability of Funds and Criteria for Programs.--As
part of the negotiations described in section 5908(a), the
Secretary of the State, shall, consistent with subsection
(d)--
(1) take such actions as are necessary to ensure that the
Fund will have in effect adequate procedures and standards to
account for and monitor the use of funds contributed to the
Fund, including the cost of administering the Fund; and
(2) seek agreement on the criteria that should be used to
determine the programs and activities that should be assisted
by the Fund.
(d) Selection of Partner Countries, Projects, and
Recipients.--The Executive Board should establish--
(1) eligible partner country selection criteria, to include
transparent metrics to measure and assess global health
security and pandemic preparedness strengths and
vulnerabilities in countries seeking assistance;
(2) minimum standards for ensuring eligible partner country
ownership and commitment to long-term results, including
requirements for domestic budgeting, resource mobilization,
and co-investment;
(3) criteria for the selection of projects to receive
support from the Fund;
(4) standards and criteria regarding qualifications of
recipients of such support;
(5) such rules and procedures as may be necessary for cost-
effective management of the Fund; and
(6) such rules and procedures as may be necessary to ensure
transparency and accountability in the grant-making process.
(e) Additional Transparency and Accountability
Requirements.--
(1) Inspector general.--
(A) In general.--The Secretary of State shall seek to
ensure that the Fund maintains an independent Office of the
Inspector General and ensure that the office has the
requisite resources and capacity to regularly conduct and
publish, on a publicly accessible website, rigorous
financial, programmatic, and reporting audits and
investigations of the Fund and its grantees.
(B) Sense of congress on corruption.--It is the sense of
Congress that--
(i) corruption within global health programs contribute
directly to the loss of human life and cannot be tolerated;
and
(ii) in making financial recoveries relating to a corrupt
act or criminal conduct under a grant, as determined by the
Inspector General, the responsible grant recipient should be
assessed at a recovery rate of up to 150 percent of such
loss.
(2) Administrative expenses.--The Secretary of State shall
seek to ensure the Fund establishes, maintains, and makes
publicly available a system to track the administrative and
management costs of the Fund on a quarterly basis.
(3) Financial tracking systems.--The Secretary of State
shall ensure that the Fund establishes, maintains, and makes
publicly available a system to track the amount of funds
disbursed to each grant recipient and sub-recipient during a
grant's fiscal cycle.
SEC. 5911. FUND ADVISORY BOARD.
(a) In General.--There should be an Advisory Board to the
Fund.
(b) Appointments.--The members of the Advisory Board should
be composed of--
(1) individuals with experience and leadership in the
fields of development, global health, epidemiology, medicine,
biomedical research, and social sciences; and
(2) representatives of relevant United Nations agencies,
including the World Health Organization, and nongovernmental
organizations with on-the-ground experience in implementing
global health programs in low and lower-middle income
countries.
(c) Responsibilities.--The Advisory Board should provide
advice and guidance to the Executive Board of the Fund on the
development and implementation of programs and projects to be
assisted by the Fund and on leveraging donations to the Fund.
(d) Prohibition on Payment of Compensation.--
(1) In general.--Except for travel expenses (including per
diem in lieu of subsistence), no member of the Advisory Board
should receive compensation for services performed as a
member of the Board.
(2) United states representative.--Notwithstanding any
other provision of law (including an international
agreement), a representative of the United States on the
Advisory Board may not accept compensation for services
performed as a member of the Board, except that such
representative may accept travel expenses, including per diem
in lieu of subsistence, while away from the representative's
home or regular place of business in the performance of
services for the Board.
(e) Conflicts of Interest.--Members of the Advisory Board
should be required to disclose any potential conflicts of
interest prior to serving on the Advisory Board.
SEC. 5912. REPORTS TO CONGRESS ON THE FUND.
(a) Status Report.--Not later than 6 months after the date
of enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States
Agency for International Development, and the heads of other
relevant Federal departments and agencies, shall submit to
the appropriate congressional committees a report detailing
the progress of international negotiations to establish the
Fund.
(b) Annual Report.--
(1) In general.--Not later than 1 year after the date of
the establishment of the Fund, and annually thereafter for
the duration of the Fund, the Secretary of State, shall
submit to the appropriate congressional committees a report
on the Fund.
(2) Report elements.--The report shall include a
description of--
(A) the goals of the Fund;
(B) the programs, projects, and activities supported by the
Fund;
(C) private and governmental contributions to the Fund; and
(D) the criteria utilized to determine the programs and
activities that should be assisted by the Fund.
(c) GAO Report on Effectiveness.--Not later than 2 years
after the date that the Fund comes into effect, the
Comptroller General of the United States shall submit to the
appropriate congressional committees a report evaluating the
effectiveness of the Fund, including--
(1) the effectiveness of the programs, projects, and
activities supported by the Fund; and
(2) an assessment of the merits of continued United States
participation in the Fund.
SEC. 5913. UNITED STATES CONTRIBUTIONS.
(a) In General.--Subject to submission of the certification
under this section, the
[[Page H6425]]
President is authorized to make available for United States
contributions to the Fund such funds as may be authorized to
be made available for such purpose.
(b) Notification.--The Secretary of State shall notify the
appropriate congressional committees not later than 15 days
in advance of making a contribution to the Fund, including--
(1) the amount of the proposed contribution;
(2) the total of funds contributed by other donors; and
(3) the national interests served by United States
participation in the Fund.
(c) Limitation.--At no point during the five years after
enactment of this Act shall a United States contribution to
the Fund cause the cumulative total of United States
contributions to the Fund to exceed 33 percent of the total
contributions to the Fund from all sources.
(d) Withholdings.--
(1) Support for acts of international terrorism.--If at any
time the Secretary of State determines that the Fund has
provided assistance to a country, the government of which the
Secretary of State has determined, for purposes of section
620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371)
has repeatedly provided support for acts of international
terrorism, the United States shall withhold from its
contribution to the Fund for the next fiscal year an amount
equal to the amount expended by the Fund to the government of
such country.
(2) Excessive salaries.--If at any time during the five
years after enactment of this Act, the Secretary of State
determines that the salary of any individual employed by the
Fund exceeds the salary of the Vice President of the United
States for that fiscal year, then the United States should
withhold from its contribution for the next fiscal year an
amount equal to the aggregate amount by which the salary of
each such individual exceeds the salary of the Vice President
of the United States.
(3) Accountability certification requirement.--The
Secretary of State may withhold not more than 20 percent of
planned United States contributions to the Fund until the
Secretary certifies to the appropriate congressional
committees that the Fund has established procedures to
provide access by the Office of Inspector General of the
Department of State, as cognizant Inspector General, the
Inspector General of the Department of Health and Human
Services, the Inspector General of the United States Agency
for International Development, and the Comptroller General of
the United States to the Fund's financial data and other
information relevant to United States contributions to the
Fund (as determined by the Inspector General of the
Department of State, in consultation with the Secretary of
State).
SEC. 5914. COMPLIANCE WITH THE FOREIGN AID TRANSPARENCY AND
ACCOUNTABILITY ACT OF 2016.
Section 2(3) of the Foreign Aid Transparency and
Accountability Act of 2016 (Public Law 114-191; 22 U.S.C.
2394c note) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) the Global Health Security Act of 2022.''.
SEC. 5915. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional Committees'' means--
(A) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
(2) Global health security.--The term ``global health
security'' means activities supporting epidemic and pandemic
preparedness and capabilities at the country and global
levels in order to minimize vulnerability to acute public
health events that can endanger the health of populations
across geographical regions and international boundaries.
SEC. 5916. SUNSET.
This title, and the amendments made by this title shall
cease to be effective 5 fiscal years after the enactment of
this Act.
Amendment No. 492 Offered by Mr. Connolly of Virginia
At the end of division E, insert the following:
TITLE LIX--PROTECTION OF SAUDI DISSIDENTS
SEC. 5901. RESTRICTIONS ON TRANSFERS OF DEFENSE ARTICLES AND
SERVICES, DESIGN AND CONSTRUCTION SERVICES, AND
MAJOR DEFENSE EQUIPMENT TO SAUDI ARABIA.
(a) Initial Period.--During the 120-day period beginning on
the date of the enactment of this Act, the President may not
sell, authorize a license for the export of, or otherwise
transfer any defense articles or defense services, design and
construction services, or major defense equipment under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) to an
intelligence, internal security, or law enforcement agency or
instrumentality of the Government of Saudi Arabia, or to any
person acting as an agent of or on behalf of such agency or
instrumentality.
(b) Subsequent Periods.--
(1) In general.--During the 120-day period beginning after
the end of the 120-day period described in subsection (a),
and each 120-day period thereafter, the President may not
sell, authorize a license for the export of, or otherwise
transfer any defense articles or services, design and
construction services, or major defense equipment under the
Arms Export Control Act (22 U.S.C. 2751 et seq.), regardless
of the amount of such articles, services, or equipment, to an
intelligence, internal security, or law enforcement agency or
instrumentality of the Government of Saudi Arabia, or to any
person acting as an agent of or on behalf of such agency or
instrumentality, unless the President has submitted to the
chairman and ranking member of the appropriate congressional
committees a certification described in paragraph (2).
(2) Certification.--A certification described in this
paragraph is a certification that contains a determination of
the President that, during the 120-day period preceding the
date of submission of the certification, the United States
Government has not determined that the Government of Saudi
Arabia has conducted any of the following activities:
(A) Forced repatriation, intimidation, or killing of
dissidents in other countries.
(B) The unjust imprisonment in Saudi Arabia of United
States citizens or aliens lawfully admitted for permanent
residence or the prohibition on these individuals and their
family members from exiting Saudi Arabia.
(C) Torture of detainees in the custody of the Government
of Saudi Arabia.
(c) Exception.--The restrictions in this section shall not
apply with respect to the sale, authorization of a license
for export, or transfer of any defense articles or services,
design and construction services, or major defense equipment
under the Arms Export Control Act (22 U.S.C. 2751 et seq.)
for use in--
(1) the defense of the territory of Saudi Arabia from
external threats; or
(2) the defense of United States military or diplomatic
personnel or United States facilities located in Saudi
Arabia.
(d) Waiver.--
(1) In general.--The President may waive the restrictions
in this section if the President submits to the appropriate
congressional committees a report not later than 15 days
before the granting of such waiver that contains--
(A) a determination of the President that such a waiver is
in the vital national security interests of the United
States; and
(B) a detailed justification for the use of such waiver and
the reasons why the restrictions in this section cannot be
met.
(2) Form.--The report required by this subsection shall be
submitted in unclassified form but may contain a classified
annex.
(e) Sunset.--This section shall terminate on the date that
is 3 years after the date of the enactment of this Act.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, the Permanent Select
Committee on Intelligence, and the Committee on Armed
Services of the House of Representatives; and
(2) the Committee on Foreign Relations, the Select
Committee on Intelligence, and the Committee on Armed
Services of the Senate.
SEC. 5902. REPORT ON CONSISTENT PATTERN OF ACTS OF
INTIMIDATION OR HARASSMENT DIRECTED AGAINST
INDIVIDUALS IN THE UNITED STATES.
(a) Findings.--Congress finds the following:
(1) Section 6 of the Arms Export Control Act (22 U.S.C.
2756) states the following: ``No letters of offer may be
issued, no credits or guarantees may be extended, and no
export licenses may be issued under this Act with respect to
any country determined by the President to be engaged in a
consistent pattern of acts of intimidation or harassment
directed against individuals in the United States''.
(2) Section 6 of the Arms Export Control Act further
requires the President to report any such determination
promptly to the Speaker of the House of Representatives, the
Committee on Foreign Affairs of the House of Representatives,
and to the chairman of the Committee on Foreign Relations of
the Senate.
(b) Report on Acts of Intimidation or Harassment Against
Individuals in the United States.--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--
(1) whether any official of the Government of Saudi Arabia
engaged in a consistent pattern of acts of intimidation or
harassment directed against Jamal Khashoggi or any individual
in the United States; and
(2) whether any United States-origin defense articles were
used in the activities described in paragraph (1).
(c) Form.--The report required by subsection (b) shall be
submitted in unclassified form but may contain a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
[[Page H6426]]
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
SEC. 5903. REPORT AND CERTIFICATION WITH RESPECT TO SAUDI
DIPLOMATS AND DIPLOMATIC FACILITIES IN THE
UNITED STATES.
(a) Report on Saudi Diplomats and Diplomatic Facilities in
United States.--Not later than 120 days after the date of the
enactment of this Act, the President shall submit to the
appropriate congressional committees a report covering the
three-year period preceding such date of enactment regarding
whether and to what extent covered persons used diplomatic
credentials, visas, or covered facilities to facilitate
monitoring, tracking, surveillance, or harassment of, or harm
to, other nationals of Saudi Arabia living in the United
States.
(b) Certification.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, and each 120-day period
thereafter, the President shall, if the President determines
that such is the case, submit to the appropriate
congressional committees a certification that the United
States Government has not determined covered persons to be
using diplomatic credentials, visas, or covered facilities to
facilitate serious harassment of, or harm to, other nationals
of Saudi Arabia living in the United States during the time
period covered by each such certification.
(2) Failure to submit certification.--If the President does
not submit a certification under paragraph (1), the President
shall--
(A) close one or more covered facilities for such period of
time until the President does submit such a certification;
and
(B) submit to the appropriate congressional committee a
report that contains--
(i) a detailed explanation of why the President is unable
to make such a certification;
(ii) a list and summary of engagements of the United States
Government with the Government of Saudi Arabia regarding the
use of diplomatic credentials, visas, or covered facilities
described in paragraph (1); and
(iii) a description of actions the United States Government
has taken or intends to take in response to the use of
diplomatic credentials, visas, or covered facilities
described in paragraph (1).
(c) Form.--The report required by subsection (a) and the
certification and report required by subsection (b) shall be
submitted in unclassified form but may contain a classified
annex.
(d) Waiver.--
(1) In general.--The President may waive the restrictions
in this section if the President submits to the appropriate
congressional committees a report not later than 15 days
before the granting of such waiver that contains--
(A) a determination of the President that such a waiver is
in the vital national security interests of the United
States; and
(B) a detailed justification for the use of such waiver and
the reasons why the restrictions in this section cannot be
met.
(2) Form.--The report required by this subsection shall be
submitted in unclassified form but may contain a classified
annex.
(e) Sunset.--This section shall terminate on the date that
is 3 years after the date of the enactment of this Act.
(f) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(B) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
(2) The term ``covered facility'' means a diplomatic or
consular facility of Saudi Arabia in the United States.
(3) The term ``covered person'' means a national of Saudi
Arabia credentialed to a covered facility.
SEC. 5904. REPORT ON THE DUTY TO WARN OBLIGATION OF THE
GOVERNMENT OF THE UNITED STATES.
(a) Findings.--Congress finds that Intelligence Community
Directive 191 provides that--
(1) when an element of the intelligence community of the
United States collects or acquires credible and specific
information indicating an impending threat of intentional
killing, serious bodily injury, or kidnapping directed at a
person, the agency must ``warn the intended victim or those
responsible for protecting the intended victim, as
appropriate'' unless an applicable waiver of the duty is
granted by the appropriate official within the element; and
(2) when issues arise with respect to whether the threat
information rises to the threshold of ``duty to warn'', the
directive calls for resolution in favor of warning the
intended victim.
(b) Report on Duty to Warn.--Not later than 90 days after
the date of the enactment of this Act, the Director of
National Intelligence, in coordination with the heads of
other relevant United States intelligence agencies, shall
submit to the appropriate congressional committees a report
with respect to--
(1) whether and how the intelligence community fulfilled
its duty to warn Jamal Khashoggi of threats to his life and
liberty pursuant to Intelligence Community Directive 191; and
(2) in the case of the intelligence community not
fulfilling its duty to warn as described in paragraph (1),
why the intelligence community did not fulfill this duty.
(c) Form.--The report required by subsection (b) shall be
submitted in unclassified form but may contain a classified
annex.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(B) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
(2) The term ``duty to warn'' has the meaning given that
term in Intelligence Community Directive 191, as in effect on
July 21, 2015.
(3) The term ``intelligence community'' has the meaning
given such term in section 3(4) of the National Security Act
of 1947 (50 U.S.C. 3003(4)).
(4) The term ``relevant United States intelligence agency''
means any element of the intelligence community that may have
possessed intelligence reporting regarding threats to Jamal
Khashoggi.
Amendment No. 493 Offered by Mr. Connolly of Virginia
At the end of title LVIII of division E, insert the
following:
SEC. 5806. FEDRAMP AUTHORIZATION ACT.
(a) Short Title.--This section may be cited as the
``FedRAMP Authorization Act''.
(b) Amendment.--Chapter 36 of title 44, United States Code,
is amended by adding at the end the following:
``Sec. 3607. Definitions
``(a) In General.--Except as provided under subsection (b),
the definitions under sections 3502 and 3552 apply to this
section through section 3616.
``(b) Additional Definitions.--In this section through
section 3616:
``(1) Administrator.--The term `Administrator' means the
Administrator of General Services.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Reform of the House of
Representatives.
``(3) Authorization to operate; federal information.--The
terms `authorization to operate' and `Federal information'
have the meaning given those term in Circular A-130 of the
Office of Management and Budget entitled `Managing
Information as a Strategic Resource', or any successor
document.
``(4) Cloud computing.--The term `cloud computing' has the
meaning given the term in Special Publication 800-145 of the
National Institute of Standards and Technology, or any
successor document.
``(5) Cloud service provider.--The term `cloud service
provider' means an entity offering cloud computing products
or services to agencies.
``(6) FedRAMP.--The term `FedRAMP' means the Federal Risk
and Authorization Management Program established under
section 3608.
``(7) FedRAMP authorization.--The term `FedRAMP
authorization' means a certification that a cloud computing
product or service has--
``(A) completed a FedRAMP authorization process, as
determined by the Administrator; or
``(B) received a FedRAMP provisional authorization to
operate, as determined by the FedRAMP Board.
``(8) Fedramp authorization package.--The term `FedRAMP
authorization package' means the essential information that
can be used by an agency to determine whether to authorize
the operation of an information system or the use of a
designated set of common controls for all cloud computing
products and services authorized by FedRAMP.
``(9) FedRAMP board.--The term `FedRAMP Board' means the
board established under section 3610.
``(10) Independent assessment service.--The term
`independent assessment service' means a third-party
organization accredited by the Administrator to undertake
conformity assessments of cloud service providers and the
products or services of cloud service providers.
``(11) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``Sec. 3608. Federal Risk and Authorization Management
Program
``There is established within the General Services
Administration the Federal Risk and Authorization Management
Program. The Administrator, subject to section 3614, shall
establish a Government-wide program that provides a
standardized, reusable approach to security assessment and
authorization for cloud computing products and services that
process unclassified information used by agencies.
``Sec. 3609. Roles and responsibilities of the General
Services Administration
``(a) Roles and Responsibilities.--The Administrator
shall--
``(1) in consultation with the Secretary, develop,
coordinate, and implement a process to support agency review,
reuse, and standardization, where appropriate, of security
assessments of cloud computing products and services,
including, as appropriate, oversight of continuous monitoring
of cloud computing products and services, pursuant to
guidance issued by the Director pursuant to section 3614;
``(2) establish processes and identify criteria consistent
with guidance issued by the
[[Page H6427]]
Director under section 3614 to make a cloud computing product
or service eligible for a FedRAMP authorization and validate
whether a cloud computing product or service has a FedRAMP
authorization;
``(3) develop and publish templates, best practices,
technical assistance, and other materials to support the
authorization of cloud computing products and services and
increase the speed, effectiveness, and transparency of the
authorization process, consistent with standards and
guidelines established by the Director of the National
Institute of Standards and Technology and relevant statutes;
``(4) establish and update guidance on the boundaries of
FedRAMP authorization packages to enhance the security and
protection of Federal information and promote transparency
for agencies and users as to which services are included in
the scope of a FedRAMP authorization;
``(5) grant FedRAMP authorizations to cloud computing
products and services consistent with the guidance and
direction of the FedRAMP Board;
``(6) establish and maintain a public comment process for
proposed guidance and other FedRAMP directives that may have
a direct impact on cloud service providers and agencies
before the issuance of such guidance or other FedRAMP
directives;
``(7) coordinate with the FedRAMP Board, the Director of
the Cybersecurity and Infrastructure Security Agency, and
other entities identified by the Administrator, with the
concurrence of the Director and the Secretary, to establish
and regularly update a framework for continuous monitoring
under section 3553;
``(8) provide a secure mechanism for storing and sharing
necessary data, including FedRAMP authorization packages, to
enable better reuse of such packages across agencies,
including making available any information and data necessary
for agencies to fulfill the requirements of section 3613;
``(9) provide regular updates to applicant cloud service
providers on the status of any cloud computing product or
service during an assessment process;
``(10) regularly review, in consultation with the FedRAMP
Board--
``(A) the costs associated with the independent assessment
services described in section 3611; and
``(B) the information relating to foreign interests
submitted pursuant to section 3612;
``(11) in coordination with the Director of the National
Institute of Standards and Technology, the Director, the
Secretary, and other stakeholders, as appropriate, determine
the sufficiency of underlying standards and requirements to
identify and assess the provenance of the software in cloud
services and products;
``(12) support the Federal Secure Cloud Advisory Committee
established pursuant to section 3616; and
``(13) take such other actions as the Administrator may
determine necessary to carry out FedRAMP.
``(b) Website.--
``(1) In general.--The Administrator shall maintain a
public website to serve as the authoritative repository for
FedRAMP, including the timely publication and updates for all
relevant information, guidance, determinations, and other
materials required under subsection (a).
``(2) Criteria and process for fedramp authorization
priorities.--The Administrator shall develop and make
publicly available on the website described in paragraph (1)
the criteria and process for prioritizing and selecting cloud
computing products and services that will receive a FedRAMP
authorization, in consultation with the FedRAMP Board and the
Chief Information Officers Council.
``(c) Evaluation of Automation Procedures.--
``(1) In general.--The Administrator, in coordination with
the Secretary, shall assess and evaluate available automation
capabilities and procedures to improve the efficiency and
effectiveness of the issuance of FedRAMP authorizations,
including continuous monitoring of cloud computing products
and services.
``(2) Means for automation.--Not later than 1 year after
the date of enactment of this section, and updated regularly
thereafter, the Administrator shall establish a means for the
automation of security assessments and reviews.
``(d) Metrics for Authorization.--The Administrator shall
establish annual metrics regarding the time and quality of
the assessments necessary for completion of a FedRAMP
authorization process in a manner that can be consistently
tracked over time in conjunction with the periodic testing
and evaluation process pursuant to section 3554 in a manner
that minimizes the agency reporting burden.
``Sec. 3610. FedRAMP Board
``(a) Establishment.--There is established a FedRAMP Board
to provide input and recommendations to the Administrator
regarding the requirements and guidelines for, and the
prioritization of, security assessments of cloud computing
products and services.
``(b) Membership.--The FedRAMP Board shall consist of not
more than 7 senior officials or experts from agencies
appointed by the Director, in consultation with the
Administrator, from each of the following:
``(1) The Department of Defense.
``(2) The Department of Homeland Security.
``(3) The General Services Administration.
``(4) Such other agencies as determined by the Director, in
consultation with the Administrator.
``(c) Qualifications.--Members of the FedRAMP Board
appointed under subsection (b) shall have technical expertise
in domains relevant to FedRAMP, such as--
``(1) cloud computing;
``(2) cybersecurity;
``(3) privacy;
``(4) risk management; and
``(5) other competencies identified by the Director to
support the secure authorization of cloud services and
products.
``(d) Duties.--The FedRAMP Board shall--
``(1) in consultation with the Administrator, serve as a
resource for best practices to accelerate the process for
obtaining a FedRAMP authorization;
``(2) establish and regularly update requirements and
guidelines for security authorizations of cloud computing
products and services, consistent with standards and
guidelines established by the Director of the National
Institute of Standards and Technology, to be used in the
determination of FedRAMP authorizations;
``(3) monitor and oversee, to the greatest extent
practicable, the processes and procedures by which agencies
determine and validate requirements for a FedRAMP
authorization, including periodic review of the agency
determinations described in section 3613(b);
``(4) ensure consistency and transparency between agencies
and cloud service providers in a manner that minimizes
confusion and engenders trust; and
``(5) perform such other roles and responsibilities as the
Director may assign, with concurrence from the Administrator.
``(e) Determinations of Demand for Cloud Computing Products
and Services.--The FedRAMP Board may consult with the Chief
Information Officers Council to establish a process, which
may be made available on the website maintained under section
3609(b), for prioritizing and accepting the cloud computing
products and services to be granted a FedRAMP authorization.
``Sec. 3611. Independent assessment
``The Administrator may determine whether FedRAMP may use
an independent assessment service to analyze, validate, and
attest to the quality and compliance of security assessment
materials provided by cloud service providers during the
course of a determination of whether to use a cloud computing
product or service.
``Sec. 3612. Declaration of foreign interests
``(a) In General.--An independent assessment service that
performs services described in section 3611 shall annually
submit to the Administrator information relating to any
foreign interest, foreign influence, or foreign control of
the independent assessment service.
``(b) Updates.--Not later than 48 hours after there is a
change in foreign ownership or control of an independent
assessment service that performs services described in
section 3611, the independent assessment service shall submit
to the Administrator an update to the information submitted
under subsection (a).
``(c) Certification.--The Administrator may require a
representative of an independent assessment service to
certify the accuracy and completeness of any information
submitted under this section.
``Sec. 3613. Roles and responsibilities of agencies
``(a) In General.--In implementing the requirements of
FedRAMP, the head of each agency shall, consistent with
guidance issued by the Director pursuant to section 3614--
``(1) promote the use of cloud computing products and
services that meet FedRAMP security requirements and other
risk-based performance requirements as determined by the
Director, in consultation with the Secretary;
``(2) confirm whether there is a FedRAMP authorization in
the secure mechanism provided under section 3609(a)(8) before
beginning the process of granting a FedRAMP authorization for
a cloud computing product or service;
``(3) to the extent practicable, for any cloud computing
product or service the agency seeks to authorize that has
received a FedRAMP authorization, use the existing
assessments of security controls and materials within any
FedRAMP authorization package for that cloud computing
product or service; and
``(4) provide to the Director data and information required
by the Director pursuant to section 3614 to determine how
agencies are meeting metrics established by the
Administrator.
``(b) Attestation.--Upon completing an assessment or
authorization activity with respect to a particular cloud
computing product or service, if an agency determines that
the information and data the agency has reviewed under
paragraph (2) or (3) of subsection (a) is wholly or
substantially deficient for the purposes of performing an
authorization of the cloud computing product or service, the
head of the agency shall document as part of the resulting
FedRAMP authorization package the reasons for this
determination.
``(c) Submission of Authorizations to Operate Required.--
Upon issuance of an agency authorization to operate based on
a FedRAMP authorization, the head of the agency shall provide
a copy of its authorization to operate letter and any
supplementary
[[Page H6428]]
information required pursuant to section 3609(a) to the
Administrator.
``(d) Submission of Policies Required.--Not later than 180
days after the date on which the Director issues guidance in
accordance with section 3614(1), the head of each agency,
acting through the chief information officer of the agency,
shall submit to the Director all agency policies relating to
the authorization of cloud computing products and services.
``(e) Presumption of Adequacy.--
``(1) In general.--The assessment of security controls and
materials within the authorization package for a FedRAMP
authorization shall be presumed adequate for use in an agency
authorization to operate cloud computing products and
services.
``(2) Information security requirements.--The presumption
under paragraph (1) does not modify or alter--
``(A) the responsibility of any agency to ensure compliance
with subchapter II of chapter 35 for any cloud computing
product or service used by the agency; or
``(B) the authority of the head of any agency to make a
determination that there is a demonstrable need for
additional security requirements beyond the security
requirements included in a FedRAMP authorization for a
particular control implementation.
``Sec. 3614. Roles and responsibilities of the Office of
Management and Budget
``The Director shall--
``(1) in consultation with the Administrator and the
Secretary, issue guidance that--
``(A) specifies the categories or characteristics of cloud
computing products and services that are within the scope of
FedRAMP;
``(B) includes requirements for agencies to obtain a
FedRAMP authorization when operating a cloud computing
product or service described in subparagraph (A) as a Federal
information system; and
``(C) encompasses, to the greatest extent practicable, all
necessary and appropriate cloud computing products and
services;
``(2) issue guidance describing additional responsibilities
of FedRAMP and the FedRAMP Board to accelerate the adoption
of secure cloud computing products and services by the
Federal Government;
``(3) in consultation with the Administrator, establish a
process to periodically review FedRAMP authorization packages
to support the secure authorization and reuse of secure cloud
products and services;
``(4) oversee the effectiveness of FedRAMP and the FedRAMP
Board, including the compliance by the FedRAMP Board with the
duties described in section 3610(d); and
``(5) to the greatest extent practicable, encourage and
promote consistency of the assessment, authorization,
adoption, and use of secure cloud computing products and
services within and across agencies.
``Sec. 3615. Reports to Congress; GAO report
``(a) Reports to Congress.--Not later than 1 year after the
date of enactment of this section, and annually thereafter,
the Director shall submit to the appropriate congressional
committees a report that includes the following:
``(1) During the preceding year, the status, efficiency,
and effectiveness of the General Services Administration
under section 3609 and agencies under section 3613 and in
supporting the speed, effectiveness, sharing, reuse, and
security of authorizations to operate for secure cloud
computing products and services.
``(2) Progress towards meeting the metrics required under
section 3609(d).
``(3) Data on FedRAMP authorizations.
``(4) The average length of time to issue FedRAMP
authorizations.
``(5) The number of FedRAMP authorizations submitted,
issued, and denied for the preceding year.
``(6) A review of progress made during the preceding year
in advancing automation techniques to securely automate
FedRAMP processes and to accelerate reporting under this
section.
``(7) The number and characteristics of authorized cloud
computing products and services in use at each agency
consistent with guidance provided by the Director under
section 3614.
``(8) A review of FedRAMP measures to ensure the security
of data stored or processed by cloud service providers, which
may include--
``(A) geolocation restrictions for provided products or
services;
``(B) disclosures of foreign elements of supply chains of
acquired products or services;
``(C) continued disclosures of ownership of cloud service
providers by foreign entities; and
``(D) encryption for data processed, stored, or transmitted
by cloud service providers.
``(b) GAO Report.--Not later than 180 days after the date
of enactment of this section, the Comptroller General of the
United States shall report to the appropriate congressional
committees an assessment of the following:
``(1) The costs incurred by agencies and cloud service
providers relating to the issuance of FedRAMP authorizations.
``(2) The extent to which agencies have processes in place
to continuously monitor the implementation of cloud computing
products and services operating as Federal information
systems.
``(3) How often and for which categories of products and
services agencies use FedRAMP authorizations.
``(4) The unique costs and potential burdens incurred by
cloud computing companies that are small business concerns
(as defined in section 3(a) of the Small Business Act (15
U.S.C. 632(a)) as a part of the FedRAMP authorization
process.
``Sec. 3616. Federal Secure Cloud Advisory Committee
``(a) Establishment, Purposes, and Duties.--
``(1) Establishment.--There is established a Federal Secure
Cloud Advisory Committee (referred to in this section as the
`Committee') to ensure effective and ongoing coordination of
agency adoption, use, authorization, monitoring, acquisition,
and security of cloud computing products and services to
enable agency mission and administrative priorities.
``(2) Purposes.--The purposes of the Committee are the
following:
``(A) To examine the operations of FedRAMP and determine
ways that authorization processes can continuously be
improved, including the following:
``(i) Measures to increase agency reuse of FedRAMP
authorizations.
``(ii) Proposed actions that can be adopted to reduce the
burden, confusion, and cost associated with FedRAMP
authorizations for cloud service providers.
``(iii) Measures to increase the number of FedRAMP
authorizations for cloud computing products and services
offered by small businesses concerns (as defined by section
3(a) of the Small Business Act (15 U.S.C. 632(a)).
``(iv) Proposed actions that can be adopted to reduce the
burden and cost of FedRAMP authorizations for agencies.
``(B) Collect information and feedback on agency compliance
with and implementation of FedRAMP requirements.
``(C) Serve as a forum that facilitates communication and
collaboration among the FedRAMP stakeholder community.
``(3) Duties.--The duties of the Committee include
providing advice and recommendations to the Administrator,
the FedRAMP Board, and agencies on technical, financial,
programmatic, and operational matters regarding secure
adoption of cloud computing products and services.
``(b) Members.--
``(1) Composition.--The Committee shall be comprised of not
more than 15 members who are qualified representatives from
the public and private sectors, appointed by the
Administrator, in consultation with the Director, as follows:
``(A) The Administrator or the Administrator's designee,
who shall be the Chair of the Committee.
``(B) At least 1 representative each from the Cybersecurity
and Infrastructure Security Agency and the National Institute
of Standards and Technology.
``(C) At least 2 officials who serve as the Chief
Information Security Officer within an agency, who shall be
required to maintain such a position throughout the duration
of their service on the Committee.
``(D) At least 1 official serving as Chief Procurement
Officer (or equivalent) in an agency, who shall be required
to maintain such a position throughout the duration of their
service on the Committee.
``(E) At least 1 individual representing an independent
assessment service.
``(F) At least 5 representatives from unique businesses
that primarily provide cloud computing services or products,
including at least 2 representatives from a small business
concern (as defined by section 3(a) of the Small Business Act
(15 U.S.C. 632(a))).
``(G) At least 2 other representatives of the Federal
Government as the Administrator determines necessary to
provide sufficient balance, insights, or expertise to the
Committee.
``(2) Deadline for appointment.--Each member of the
Committee shall be appointed not later than 90 days after the
date of enactment of this section.
``(3) Period of appointment; vacancies.--
``(A) In general.--Each non-Federal member of the Committee
shall be appointed for a term of 3 years, except that the
initial terms for members may be staggered 1-, 2-, or 3-year
terms to establish a rotation in which one-third of the
members are selected each year. Any such member may be
appointed for not more than 2 consecutive terms.
``(B) Vacancies.--Any vacancy in the Committee shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made. Any member appointed
to fill a vacancy occurring before the expiration of the term
for which the member's predecessor was appointed shall be
appointed only for the remainder of that term. A member may
serve after the expiration of that member's term until a
successor has taken office.
``(c) Meetings and Rules of Procedures.--
``(1) Meetings.--The Committee shall hold not fewer than 3
meetings in a calendar year, at such time and place as
determined by the Chair.
``(2) Initial meeting.--Not later than 120 days after the
date of enactment of this section, the Committee shall meet
and begin the operations of the Committee.
``(3) Rules of procedure.--The Committee may establish
rules for the conduct of the business of the Committee if
such rules are not inconsistent with this section or other
applicable law.
``(d) Employee Status.--
``(1) In general.--A member of the Committee (other than a
member who is appointed to the Committee in connection with
[[Page H6429]]
another Federal appointment) shall not be considered an
employee of the Federal Government by reason of any service
as such a member, except for the purposes of section 5703 of
title 5, relating to travel expenses.
``(2) Pay not permitted.--A member of the Committee covered
by paragraph (1) may not receive pay by reason of service on
the Committee.
``(e) Applicability to the Federal Advisory Committee
Act.--Section 14 of the Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Committee.
``(f) Detail of Employees.--Any Federal Government employee
may be detailed to the Committee without reimbursement from
the Committee, and such detailee shall retain the rights,
status, and privileges of his or her regular employment
without interruption.
``(g) Postal Services.--The Committee may use the United
States mails in the same manner and under the same conditions
as agencies.
``(h) Reports.--
``(1) Interim reports.--The Committee may submit to the
Administrator and Congress interim reports containing such
findings, conclusions, and recommendations as have been
agreed to by the Committee.
``(2) Annual reports.--Not later than 540 days after the
date of enactment of this section, and annually thereafter,
the Committee shall submit to the Administrator and Congress
a report containing such findings, conclusions, and
recommendations as have been agreed to by the Committee.''.
(c) Technical and Conforming Amendment.--The table of
sections for chapter 36 of title 44, United States Code, is
amended by adding at the end the following new items:
``3607. Definitions.
``3608. Federal Risk and Authorization Management Program.
``3609. Roles and responsibilities of the General Services
Administration.
``3610. FedRAMP Board.
``3611. Independent assessment.
``3612. Declaration of foreign interests.
``3613. Roles and responsibilities of agencies.
``3614. Roles and responsibilities of the Office of Management and
Budget.
``3615. Reports to Congress; GAO report.
``3616. Federal Secure Cloud Advisory Committee.''.
(d) Sunset.--
(1) In general.--Effective on the date that is 5 years
after the date of enactment of this Act, chapter 36 of title
44, United States Code, is amended by striking sections 3607
through 3616.
(2) Conforming amendment.--Effective on the date that is 5
years after the date of enactment of this Act, the table of
sections for chapter 36 of title 44, United States Code, is
amended by striking the items relating to sections 3607
through 3616.
(e) Rule of Construction.--Nothing in this section or any
amendment made by this section shall be construed as altering
or impairing the authorities of the Director of the Office of
Management and Budget or the Secretary of Homeland Security
under subchapter II of chapter 35 of title 44, United States
Code.
Amendment No. 494 Offered by Mr. Connolly of Virginia
Insert in the appropriate place in division E the
following:
SEC. __. AMENDMENT.
Section 1115 of title 31, United States Code, is amended--
(1) by amending subsection (b)(5) to read as follows:
``(5) provide a description of how the performance goals
are to be achieved, including--
``(A) the human capital, training, data and evidence,
information technology, and skill sets required to meet the
performance goals;
``(B) the technology modernization investments, system
upgrades, staff technology skills and expertise, stakeholder
input and feedback, and other resources and strategies needed
and required to meet the performance goals;
``(C) clearly defined milestones;
``(D) an identification of the organizations, program
activities, regulations, policies, operational processes, and
other activities that contribute to each performance goal,
both within and external to the agency;
``(E) a description of how the agency is working with other
agencies and the organizations identified in subparagraph (D)
to measure and achieve its performance goals as well as
relevant Federal Government performance goals; and
``(F) an identification of the agency officials responsible
for the achievement of each performance goal, who shall be
known as goal leaders;''; and
(2) by amending subsection (g) to read as follows:
``(g) Preparation of Performance Plan.--The Performance
Improvement Officer of each agency (or the functional
equivalent) shall collaborate with the Chief Human Capital
Officer (or the functional equivalent), the Chief Information
Officer (or the functional equivalent), the Chief Data
Officer (or the functional equivalent), and the Chief
Financial Officer (or the functional equivalent) of that
agency to prepare that portion of the annual performance plan
described under subsection (b)(5) for that agency.''.
Amendment No. 496 Offered by Mr. Costa of California
Add at the end of title LVIII of division E the following:
SEC. ___. IMPROVING INVESTIGATION AND PROSECUTION OF CHILD
ABUSE CASES.
The Victims of Child Abuse Act of 1990 (34 U.S.C. 20301 et
seq.) is amended--
(1) in section 211 (34 U.S.C. 20301)--
(A) in paragraph (1)--
(i) by striking ``3,300,000'' and inserting ``3,400,000'';
and
(ii) by striking ``, and drug abuse is associated with a
significant portion of these'';
(B) by redesignating paragraphs (3) through (8) as
paragraphs (4) through (9), respectively;
(C) by inserting afer paragraph (2) the following:
``(3) a key to a child victim healing from abuse is access
to supportive and healthy families and communities;''; and
(D) in paragraph (9)(B), as so redesignated, by inserting
``, and operations of centers'' before the period at the end;
(2) in section 212 (34 U.S.C. 20302)--
(A) in paragraph (5), by inserting ``coordinated team''
before ``response''; and
(B) in paragraph (8), by inserting ``organizational
capacity'' before ``support'';
(3) in section 213 (34 U.S.C. 20303)--
(A) in subsection (a)--
(i) in the heading, by inserting ``and Maintenance'' after
``Establishment'';
(ii) in the matter preceding paragraph (1)--
(I) by striking ``, in coordination with the Director of
the Office of Victims of Crime,''; and
(II) by inserting ``and maintain'' after ``establish'';
(iii) in paragraph (3)--
(I) by striking ``and victim advocates'' and inserting
``victim advocates, multidisciplinary team leadership, and
children's advocacy center staff''; and
(II) by striking ``and'' at the end;
(iv) by redesignating paragraph (4) as paragraph (5);
(v) by inserting after paragraph (3) the following:
``(4) provide technical assistance, training, coordination,
and organizational capacity support for State chapters;
and''; and
(vi) in paragraph (5), as so redesignated, by striking
``and oversight to'' and inserting ``organizational capacity
support, and oversight of'';
(B) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (A), by inserting ``and maintain''
after ``establish''; and
(II) in the matter following subparagraph (B), by striking
``and technical assistance to aid communities in
establishing'' and inserting ``training and technical
assistance to aid communities in establishing and
maintaining''; and
(ii) in paragraph (2)--
(I) in subparagraph (A)--
(aa) in clause (ii), by inserting ``Center'' after
``Advocacy''; and
(bb) in clause (iii), by striking ``of, assessment of, and
intervention in'' and inserting ``and intervention in
child''; and
(II) in subparagraph (B), by striking ``centers and
interested communities'' and inserting ``centers, interested
communities, and chapters''; and
(C) in subsection (c)--
(i) in paragraph (2)--
(I) in subparagraph (B), by striking ``evaluation,
intervention, evidence gathering, and counseling'' and
inserting ``investigation and intervention in child abuse'';
and
(II) in subparagraph (E), by striking ``judicial handling
of child abuse and neglect'' and inserting
``multidisciplinary response to child abuse'';
(ii) in paragraph (3)(A)(i), by striking ``so that
communities can establish multidisciplinary programs that
respond to child abuse'' and inserting ``and chapters so that
communities can establish and maintain multidisciplinary
programs that respond to child abuse and chapters can
establish and maintain children's advocacy centers in their
State'';
(iii) in paragraph (4)(B)--
(I) in clause (iii), by striking ``and'' at the end;
(II) in by redesignating clause (iv) as clause (v); and
(III) by inserting after clause (iii) the following:
``(iv) best result in supporting chapters in each State;
and''; and
(iv) in paragraph (6), by inserting ``under this Act''
after ``recipients'';
(4) in section 214 (34 U.S.C. 20304)--
(A) by striking subsection (a) and inserting the following:
``(a) In General.--The Administrator shall make grants to--
``(1) establish and maintain a network of care for child
abuse victims where investigation, prosecutions, and
interventions are continually occurring and coordinating
activities within local children's advocacy centers and
multidisciplinary teams;
``(2) develop, enhance, and coordinate multidisciplinary
child abuse investigations, intervention, and prosecution
activities;
``(3) promote the effective delivery of the evidence-based,
trauma-informed Children's Advocacy Center Model and the
multidisciplinary response to child abuse; and
``(4) develop and disseminate practice standards for care
and best practices in programmatic evaluation, and support
State chapter organizational capacity and local children's
advocacy center organizational capacity and operations in
order to meet such practice standards and best practices.'';
[[Page H6430]]
(B) in subsection (b), by striking ``, in coordination with
the Director of the Office of Victims of Crime,'';
(C) in subsection (c)(2)--
(i) in subparagraph (C), by inserting ``to the greatest
extent practicable, but in no case later than 72 hours,''
after ``hours''; and
(ii) by striking subparagraphs (D) through (I) and
inserting the following:
``(D) Forensic interviews of child victims by trained
personnel that are used by law enforcement, health, and child
protective service agencies to interview suspected abuse
victims about allegations of abuse.
``(E) Provision of needed follow up services such as
medical care, mental healthcare, and victims advocacy
services.
``(F) A requirement that, to the extent practicable, all
interviews and meetings with a child victim occur at the
children's advocacy center or an agency with which there is a
linkage agreement regarding the delivery of multidisciplinary
child abuse investigation, prosecution, and intervention
services.
``(G) Coordination of each step of the investigation
process to eliminate duplicative forensic interviews with a
child victim.
``(H) Designation of a director for the children's advocacy
center.
``(I) Designation of a multidisciplinary team coordinator.
``(J) Assignment of a volunteer or staff advocate to each
child in order to assist the child and, when appropriate, the
child's family, throughout each step of intervention and
judicial proceedings.
``(K) Coordination with State chapters to assist and
provide oversight, and organizational capacity that supports
local children's advocacy centers, multidisciplinary teams,
and communities working to implement a multidisciplinary
response to child abuse in the provision of evidence-informed
initiatives, including mental health counseling, forensic
interviewing, multidisciplinary team coordination, and victim
advocacy.
``(L) Such other criteria as the Administrator shall
establish by regulation.''; and
(D) by striking subsection (f) and inserting the following:
``(f) Grants to State Chapters for Assistance to Local
Children's Advocacy Centers.--In awarding grants under this
section, the Administrator shall ensure that a portion of the
grants is distributed to State chapters to enable State
chapters to provide oversight, training, and technical
assistance to local centers on evidence-informed initiatives
including mental health, counseling, forensic interviewing,
multidisciplinary team coordination, and victim advocacy.'';
(5) in section 214A (34 U.S.C. 20305)--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``attorneys and other
allied'' and inserting ``prosecutors and other attorneys and
allied''; and
(ii) in paragraph (2)(B), by inserting ``Center'' after
``Advocacy''; and
(B) in subsection (b)(1), by striking subparagraph (A) and
inserting the following:
``(A) a significant connection to prosecutors who handle
child abuse cases in State courts, such as a membership
organization or support service providers; and''; and
(6) by striking section 214B (34 U.S.C. 20306) and
inserting the following:
``SEC. 214B. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out
sections 213, 214, and 214A, $40,000,000 for each of fiscal
years 2023 through 2029.''.
Amendment No. 497 Offered by Mr. Crenshaw of Texas
Add at the end of subtitle A of title XIII the following:
SEC. 13__. SENSE OF CONGRESS REGARDING THE STATUS OF CHINA.
It is the sense of Congress that--
(1) the People's Republic of China is a fully
industrialized nation and no longer a developing nation; and
(2) any international agreement that provides or accords
China a favorable status or treatment as a ``developing
nation'' should be updated to reflect the status of China.
Amendment No. 498 Offered by Mr. Crenshaw of Texas
Add at the end of subtitle A of title XIII the following:
SEC. 13__. REPORT ON PROVIDING ACCESS TO UNCENSORED MEDIA IN
CHINA.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State shall provide to Congress a
classified report on what is needed to provide access to free
and uncensored media in the Chinese market.
Amendment No. 499 Offered by Ms. Dean of Pennsylvania
Add at the end of title LIV of division E the following:
SEC. 54__. COMBATING TRADE-BASED MONEY LAUNDERING.
(a) Findings.--Congress finds the following:
(1) Trade-based money laundering is among the most widely
used and least understood forms of money laundering,
disguising proceeds of crime by moving value through
international trade transactions in an attempt to legitimize
illicit origins of money or products.
(2) The transnational nature and complexity of trade-based
money laundering make detection and investigation exceedingly
difficult.
(3) Drug trafficking organizations, terrorist
organizations, and other transnational criminal organizations
have succeeded at trade-based money laundering despite the
best efforts of United States law enforcement.
(4) Trade-based money laundering includes other offenses
such as tax evasion, disruption of markets, profit loss for
businesses, and corruption of government officials, and
constitutes a persistent threat to the economy and security
of the United States.
(5) Trade-based money laundering can result in the
decreased collection of customs duties as a result of the
undervaluation of imports and fraudulent cargo manifests.
(6) Trade-based money laundering can decrease tax revenue
collected as a result of the sale of underpriced goods in the
marketplace.
(7) Trade-based money laundering is one mechanism by which
counterfeiters infiltrate supply chains, threatening the
quality and safety of consumer, industrial, and military
products.
(8) Drug trafficking organizations collaborate with Chinese
criminal networks to launder profits from drug trafficking
through Chinese messaging applications.
(9) On March 16, 2021, the Commander of the United States
Southern Command, Admiral Faller, testified to the Committee
on Armed Services of the Senate that transnational criminal
organizations ``market in drugs and people and guns and
illegal mining, and one of the prime sources that underwrites
their efforts is Chinese money-laundering''.
(10) The deaths and violence associated with drug
traffickers, the financing of terrorist organizations and
other violent non-state actors, and the adulteration of
supply chains with counterfeit goods showcase the danger
trade-based money laundering poses to the United States.
(11) Trade-based money laundering undermines national
security and the rule of law in countries where it takes
place.
(12) Illicit profits for transnational criminal
organizations and other criminal organizations can lead to
instability globally.
(13) The United States is facing a drug use and overdose
epidemic, as well as an increase in consumption of synthetic
drugs, such as methamphetamine and fentanyl, which is often
enabled by Chinese money laundering organizations operating
in coordination with drug-trafficking organizations and
transnational criminal organizations in the Western
Hemisphere that use trade-based money laundering to disguise
the proceeds of drug trafficking.
(14) The presence of drug traffickers in the United States
and their intrinsic connection to international threat
networks, as well as the use of licit trade to further their
motives, is a national security concern.
(15) Drug-trafficking organizations frequently use the
trade-based money laundering scheme known as the ``Black
Market Peso Exchange'' to move their ill-gotten gains out of
the United States and into Central and South America.
(16) United States ports and U.S. Customs and Border
Protection do not have the capacity to properly examine the
60,000,000 shipping containers that pass through United
States ports annually, with only 2 to 5 percent of that cargo
actively inspected.
(17) Trade-based money laundering can only be combated
effectively if the intelligence community, law enforcement
agencies, the Department of State, the Department of Defense,
the Department of the Treasury, the Department of Homeland
Security, the Department of Justice, and the private sector
work together.
(18) Drug-trafficking organizations, terrorist
organizations, and other transnational criminal organizations
disguise the proceeds of their illegal activities behind
sophisticated mechanisms that operate seamlessly between
licit and illicit trade and financial transactions, making it
almost impossible to address without international
cooperation.
(19) The United States has established Trade Transparency
Units with 18 partner countries, including with major drug-
producing and transit countries, to facilitate the increased
exchange of import-export data to combat trade-based money
laundering.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the activities of transnational criminal organizations
and their networks, and the means by which such organizations
and networks move and launder their ill-gotten gains, such as
through the use of illicit economies, illicit trade, and
trade-based money laundering, pose a threat to the national
interests and national security of the United States and
allies and partners of the United States around the world;
(2) in addition to considering the countering of illicit
economies, illicit trade, and trade-based money laundering as
a national priority and committing to detect, address, and
prevent such activities, the President should--
(A) continue to assess, in the periodic national risk
assessments on money laundering, terrorist financing, and
proliferation financing conducted by the Department of the
Treasury, the ongoing risks of trade-based money laundering;
(B) finalize the assessment described in the Explanatory
Statement accompanying the Financial Services and General
Government Appropriations Act, 2020 (division C of the
Consolidated Appropriations Act, 2020 (Public Law 116-93)),
which directs the Financial
[[Page H6431]]
Crimes Enforcement Network of the Department of the Treasury
to thoroughly assess the risk that trade-based money
laundering and other forms of illicit finance pose to
national security;
(C) work expeditiously to develop, finalize, and execute a
strategy, as described in section 6506 of the Anti-Money
Laundering Act of 2020 (title LXV of division F of Public Law
116-283; 134 Stat. 4631), drawing on the multiple instruments
of United States national power available, to counter--
(i) the activities of transnational criminal organizations,
including illicit trade and trade-based money laundering; and
(ii) the illicit economies such organizations operate in;
(D) coordinate with international partners to implement
that strategy, exhorting those partners to strengthen their
approaches to combating transnational criminal organizations;
and
(E) review that strategy on a biennial basis and improve it
as needed in order to most effectively address illicit
economies, illicit trade, and trade-based money laundering by
exploring the use of emerging technologies and other new
avenues for interrupting and putting an end to those
activities; and
(3) the Trade Transparency Unit program of the Department
of Homeland Security should take steps to strengthen its
work, including in countries that the Department of State has
identified as major money laundering jurisdictions under
section 489 of the Foreign Assistance Act of 1961 (22 U.S.C.
2291h).
Amendment No. 500 Offered by Mr. DeFazio of Oregon
At the appropriate place in title LIII, insert the
following:
SEC. ___. EXTENSION.
Section 1246 of the Disaster Recovery Reform Act of 2018 is
amended--
(1) by striking ``3 years'' and inserting ``4 \1/2\
years''; and
(2) by inserting ``and every 3 months thereafter,'' before
``the Administrator shall submit''.
Amendment No. 501 Offered by Mrs. Demings of Florida
Add at the end of title XI the following:
SEC. 11__. PURCHASE OF RETIRED HANDGUNS BY FEDERAL LAW
ENFORCEMENT OFFICERS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of General Services
shall establish a program under which a Federal law
enforcement officer may purchase a retired handgun from the
Federal agency that issued the handgun to such officer.
(b) Limitations.--A Federal law enforcement officer may
purchase a retired handgun under subsection (a) if--
(1) the purchase is made during the 6-month period
beginning on the date the handgun was so retired;
(2) with respect to such purchase, the officer has passed a
background check within 30 days of purchase under the
national instant criminal background check system established
under the Brady Handgun Violence Prevention Act; and
(3) with respect to such purchase, the officer is in good
standing with the Federal agency that employs such officer.
(c) Cost.--A handgun purchased under this section shall be
sold at the fair market value for such handgun taking into
account the age and condition of the handgun.
(d) Sense of Congress on Use of Funds.--It is the sense of
Congress that any amounts received by the Government from the
sale of a handgun under this section should be transferred
and used to fund evidence-based gun violence prevention or
gun safety education and training programs.
(e) Definitions.--In this section--
(1) the term ``Federal law enforcement officer'' has the
meaning given that term in section 115(c)(1) of title 18,
United States Code;
(2) the term ``handgun'' has the meaning given that term in
section 921(a) of title 18, United States Code; and
(3) the term ``retired handgun'' means any handgun that has
been declared surplus by the applicable agency.
Amendment No. 502 Offered by Mr. DeSaulnier of California
At the end of title LIV, add the following:
SEC. 54__. DISCLOSURE OF DISABILITY, VETERAN, AND MILITARY
STATUS.
Section 304(b)(4) of the Home Mortgage Disclosure Act of
1975 (12 U.S.C. 2803(b)(4)) is amended by striking ``age,''
and inserting ``age, veteran and military status, disability
status,''.
Amendment No. 503 Offered by Mr. DeSaulnier of California
At the end of title LI, add the following:
SEC. 51__. SECRETARY OF VETERANS AFFAIRS STUDY ON VA HOME
LOAN BENEFIT.
(a) Study.--The Secretary of Veterans Affairs shall conduct
a study to identify the means by which the Secretary informs
lenders and veterans about the availability of a loan
guaranteed by the Department of Veterans Affairs under
chapter 37 of title 38, United States Code, for any purpose
described in section 3710(a) of such title.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Veterans Affairs
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 results of the study
conducted under subsection (a), and shall publish such report
on the website of the Department of Veterans Affairs.
Amendment No. 504 Offered by Mrs. Dingell of Michigan
At the appropriate place in title LVIII, insert the
following:
SEC. __. REPORT ON HUMANITARIAN SITUATION AND FOOD SECURITY
IN LEBANON.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the President, acting through
the Secretary of State and the Secretary of Defense and in
coordination with the Administrator of the United States
Agency for International Development, shall submit to the
appropriate congressional committees a report that contains
an evaluation of the humanitarian situation in Lebanon, as
well as the impact of the deficit of wheat imports due to
Russia's further invasion of Ukraine, initiated on February
24, 2022.
(b) Elements.--The report required by subsection (a) shall
include the following elements:
(1) The projected increase in malnutrition in Lebanon.
(2) The estimated increase in the number of food insecure
individuals in Lebanon.
(3) The estimated number of individuals who will be faced
with acute malnutrition due to food price inflation in
Lebanon.
(4) Actions the United States Government is taking to
address the aforementioned impacts.
(5) Any cooperation between the United States Government
with allies and partners to address the aforementioned
impacts.
(6) The potential impact of food insecurity on Department
of Defense goals and objectives in Lebanon.
(c) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
Amendment No. 505 Offered by Mrs. Dingell of Michigan
At the end of title LI of division E, insert the following
new section:
SEC. 51__. GAO STUDY ON POST-MARKET SURVEILLANCE OF MEDICAL
DEVICES BY DEPARTMENT OF VETERANS AFFAIRS.
(a) Study.--The Comptroller General of the United States
shall conduct a study on the efforts of the Under Secretary
of Veterans Affairs for Health relating to post-market
surveillance of implantable medical devices.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit
to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report on the findings of
the study under subsection (a). Such report shall include the
following:
(1) A description of the process used by the Veterans
Health Administration for documenting implantable medical
devices issued to patients.
(2) An evaluation of the capability of the Veterans Health
Administration to identify, in a timely manner, adverse
events and safety issues relating to implantable medical
devices.
(3) An evaluation of the process for, and potential
barriers to, the Under Secretary of Veterans Affairs for
Health notifying patients of an implantable medical device
recall.
(4) An evaluation of the accessibility of the adverse event
reporting systems of the Veterans Health Administration for
patients with disabilities.
(5) Recommendations to address gaps in such adverse event
reporting systems, to better identify adverse events and
safety issues from implantable medical devices.
Amendment No. 506 Offered by Ms. Escobar of Texas
At the end of title LVIII of division E, insert the
following:
SEC. 5806. DESIGNATION OF EL PASO COMMUNITY HEALING GARDEN
NATIONAL MEMORIAL.
(a) Designation.--The Healing Garden located at 6900 Delta
Drive, El Paso, Texas, is designated as the ``El Paso
Community Healing Garden National Memorial''.
(b) Effect of Designation.--The national memorial
designated by this section is not a unit of the National Park
System and the designation of the El Paso Community Healing
Garden National Memorial shall not require or authorize
Federal funds to be expended for any purpose related to that
national memorial.
Amendment No. 507 Offered by Ms. Escobar of Texas
Add at the end of title LVIII of division E the following:
SEC. 58__. ADMINISTRATOR OF GENERAL SERVICES STUDY ON
COUNTERFEIT ITEMS ON E-COMMERCE PLATFORMS OF
THE GENERAL SERVICES ADMINISTRATION.
The Administrator of General Services shall--
(1) conduct a study that tracks the number of counterfeit
items on e-commerce platforms of the General Services
Administration annually to ensure that the products being
advertised are from legitimate vendors; and
[[Page H6432]]
(2) submit an annual report on the findings of such study
to the Committees on Armed Services, Oversight and Reform,
Small Business, and Homeland Security of the House of
Representatives.
Amendment No. 508 Offered by Mr. Espaillat of New York
Page 1348, insert after line 23 the following (and conform
the table of contents accordingly):
SEC. 5806. REPORT ON REMOVAL OF SERVICE MEMBERS.
(a) Report Required.--Not later than 120 days after the
date of the enactment of this Act and monthly thereafter, the
Secretary of Homeland Security, in coordination with the
Secretary of Veteran Affairs, the Secretary of Defense, and
the Secretary of State shall submit to the Committees on the
Judiciary of the House of Representatives and the Senate, the
Committees on Veteran Affairs of the House of Representatives
and the Senate, and the Committees on Appropriations of the
House of Representatives and the Senate a report detailing
how many noncitizen service members, veterans and immediate
family members of service members were removed during the
period beginning on January 1, 2010, and ending on the date
of the report.
(b) Elements.--The report required by subsection (a) shall
include the following for each person removed:
(1) the individual's name;
(2) the individual's address;
(3) the individual's contact information;
(4) any known U.S. citizen family members in the U.S.;
(5) where the individual was removed to; and
(6) the reason for removal.
(c) GAO Report.--Not later than 120 days after the date of
enactment of this Act, the Comptroller General of the United
States shall update GAO report number-19-416 to identify
progress made and further actions needed to better handle,
identify, and track cases involving veterans.
(d) Confidentiality.--The report under subsection (a) may
not be published and shall be exempt from disclosure under
section 552(b)(3)(B) of title 5, United States Code.
Amendment No. 509 Offered by Mr. Espaillat of New York
At the end of title LI, insert the following:
SEC. 51__. COMPETITIVE PAY FOR HEALTH CARE PROVIDERS OF THE
DEPARTMENT OF VETERANS AFFAIRS.
Section 7451(c) of title 38, United States Code, is amended
by adding at the end the following new paragraph:
``(4)(A) The director of each medical center of the
Department of Veterans Affairs shall submit to the Secretary
of Veterans Affairs an annual locality pay survey and rates
of basic pay for covered positions at such medical center to
ensure that pay rates remain competitive in the local labor
market.
``(B) Not less than once per fiscal year, the Secretary
shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report on rates of
basic pay for covered positions at medical centers of the
Department.''.
Amendment No. 510 Offered by Mr. Fitzgerald of Wisconsin
Add at the end of subtitle E of title VIII the following
new section:
SEC. 8__. ACCESS TO CONTRACT BUNDLING DATA.
Section 15(p) of the Small Business Act (15 U.S.C. 644(p))
is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Definitions.--In this subsection:
``(A) Bundled contract.--The term `bundled contract' has
the meaning given such term in section 3(o) of the Small
Business Act (15 U.S.C. 632(o)).
``(B) Consolidated contract.--The term `consolidated
contract' means a contract resulting from the consolidation
of contracting requirements (as defined in section 44(a) of
the Small Business Act (15 U.S.C. 657q(a))).'';
(2) in paragraph (4)--
(A) in the heading, by inserting ``and consolidation''
after ``bundling'';
(B) in subparagraph (A), by inserting ``and consolidation''
after ``contract bundling''; and
(C) in subparagraph (B)--
(i) in clause (i), by inserting ``or consolidated'' after
``of bundled''; and
(ii) in clause (ii)--
(I) in the matter preceding subclause (I), by inserting
``or consolidated'' after ``previously bundled'';
(II) in subclause (I), by inserting ``or consolidated''
after ``were bundled''; and
(III) in subclause (II)--
(aa) by inserting ``or consolidated'' after ``to each
bundled'';
(bb) in item (aa), by inserting ``or consolidation'' after
``the bundling'';
(cc) in item (bb), by inserting ``or consolidating'' after
``by bundling'';
(dd) in item (cc), by inserting ``or consolidated'' after
``the bundled'';
(ee) in item (dd), by inserting ``or consolidating'' after
``the bundling''; and
(ff) in item (ee)--
(AA) by inserting ``or consolidating'' after ``the
bundling''; and
(BB) by inserting ``bundled or'' after ``as prime
contractors for the''; and
(3) in paragraph (5)(B), by striking ``provide, upon
request'' and all that follows and inserting the following:
``provide to the Administration procurement information
referred to in this subsection for the contracting agency,
including the data and information described in paragraph (2)
and the information described in paragraph (4).''.
Amendment No. 511 Offered by Mr. Foster of Illinois
Add at the end of title LIV of division E the following:
SEC. 5403. STRENGTHENING CYBERSECURITY FOR THE FINANCIAL
SECTOR.
(a) Regulation and Examination of Credit Union
Organizations and Service Providers.--Section 206A of the
Federal Credit Union Act (12 U.S.C. 1786a) is amended--
(1) in subsection (a)(1), by striking ``that'' and
inserting ``an'';
(2) in subsection (c)(2), by inserting after ``shall notify
the Board'' the following: ``, in a manner and method
prescribed by the Board,''; and
(3) by striking subsection (f) and inserting the following:
``(f) Exercise of Authority.--To minimize duplicative
efforts, prior to conducting any examination of a credit
union organization under the authority provided to the Board
under this section, the Board shall first seek to collect any
information which the Board intends to acquire through such
examination from--
``(1) any Federal regulatory agencies that supervise any
activity of that credit union organization; and
``(2) any Federal banking agency that supervises any other
person who maintains an ownership interest in that credit
union organization.''.
(b) GAO Study on FHFA's Regulation of Service Providers.--
(1) Study.--The Comptroller General of the United States
shall carry out a study on the Federal Housing Finance
Agency's authority and regulation of service providers to its
regulated entities, including the Federal National Mortgage
Association, the Federal Home Loan Mortgage Corporation, and
the Federal Home Loan Banks.
(2) Report.--Not later than the end of the 12-month period
beginning on the date of the enactment of this Act, the
Comptroller General shall issue a report to Congress
containing--
(A) all findings and determinations made in carrying out
the study required under paragraph (1);
(B) an analysis of the Federal Housing Finance Agency's
existing authority, how service providers to the Federal
Housing Finance Agency's regulated entities are currently
regulated, and risks to the regulated entities associated
with third-party service providers; and
(C) recommendations for legislative and administrative
action.
Amendment No. 512 Offered by Ms. Foxx of North Carolina
At the end of title LVI of division E insert the following:
SEC. __. INSPECTOR GENERAL FOR THE OFFICE OF MANAGEMENT AND
BUDGET.
(a) Establishment of Office.--Section 12 of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph, (1) by inserting ``the Director of the
Office of Management and Budget,'' after ``means'' ; and
(2) in paragraph (2), by inserting ``the Office of
Management and Budget,'' after ``means''.
(b) Special Provisions Concerning the Inspector General of
the Office of Management and Budget.--The Inspector General
Act of 1978 (5 U.S.C. App.) is amended by adding after
section 8N the following new section:
``SEC. 8O. SPECIAL PROVISIONS CONCERNING THE INSPECTOR
GENERAL OF THE OFFICE OF MANAGEMENT AND BUDGET.
``The Inspector General of the Office of Management and
Budget shall only have jurisdiction over those matters that
have been specifically assigned to the Office under law.''.
(c) Appointment.--Not later than 120 days after the date of
the enactment of this Act, the President shall appoint an
individual to serve as the Inspector General of the Office of
Management and Budget in accordance with section 3(a) of the
Inspector General Act of 1978 (5 U.S.C. App.).
amendment no. 513 offered by ms. lois frankel of florida
Add at the end of title LVIII the following new section:
SEC. 58__. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN
CONTRACTORS OR GRANTEES THAT REQUIRE
NONDISPARAGEMENT OR NONDISCLOSURE CLAUSE
RELATED TO SEXUAL HARASSMENT AND SEXUAL
ASSAULT.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2023 for the
Department of Defense or any other Federal agency may be
obligated or expended for any Federal contract or grant in
excess of $1,000,000, awarded after the date of enactment of
this Act, unless the contractor or grantee agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires the employee or
contractor to agree to a nondisparagement or nondisclosure
clause related to sexual harassment and sexual assault, as
defined under any applicable Federal, State, or Tribal law--
(A) as a condition of employment, promotion, compensation,
benefits, or change in employment status or contractual
relationship; or
[[Page H6433]]
(B) as a term, condition, or privilege of employment; or
(2) take any action to enforce any predispute nondisclosure
or nondisparagement provision of an existing agreement with
an employee or independent contractor that covers sexual
harassment and sexual assault, as defined under any
applicable Federal, State, or Tribal law.
amendment no. 514 offered by mr. garamendi of california
At the end of title LV of division E, insert the following:
SEC. 5505. BERRYESSA SNOW MOUNTAIN NATIONAL MONUMENT
EXPANSION.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board on
Geographic Names established by section 2 of the Act of July
25, 1947 (61 Stat. 456, chapter 330; 43 U.S.C. 364a).
(2) Map.--The term ``Map'' means the map entitled
``Proposed Walker Ridge (Molok Luyuk) Addition Berryessa Snow
Mountain National Monument'' and dated October 26, 2021.
(3) Molok luyuk.--The term ``Molok Luyuk'' means Condor
Ridge (in the Patwin language).
(4) National monument.--The term ``National Monument''
means the Berryessa Snow Mountain National Monument
established by Presidential Proclamation 9298, dated July 10,
2015 (80 Fed. Reg. 41975), including all land, interests in
the land, and objects on the land identified in that
Presidential Proclamation.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Walker ridge (molok luyuk) addition.--The term ``Walker
Ridge (Molok Luyuk) Addition'' means the approximately 3,925
acres of Federal land (including any interests in, or objects
on, the land) administered by the Bureau of Land Management
in Lake County, California, and identified as ``Proposed
Walker Ridge (Molok Luyuk) Addition'' on the Map.
(b) National Monument Expansion.--
(1) Boundary modification.--The boundary of the National
Monument is modified to include the Walker Ridge (Molok
Luyuk) Addition.
(2) Map.--
(A) Corrections.--The Secretary may make clerical and
typographical corrections to the Map.
(B) Public availability; effect.--The Map and any
corrections to the Map under subparagraph (A) shall--
(i) be publicly available on the website of the Bureau of
Land Management; and
(ii) have the same force and effect as if included in this
section.
(3) Administration.--Subject to valid existing rights, the
Secretary shall administer the Walker Ridge (Molok Luyuk)
Addition--
(A) as part of the National Monument;
(B) in accordance with Presidential Proclamation 9298,
dated July 10, 2015 (80 Fed. Reg. 41975); and
(C) in accordance with applicable laws (including
regulations).
(c) Management Plan.--
(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Secretary and the
Secretary of Agriculture shall jointly develop a
comprehensive management plan for the National Monument in
accordance with, and in a manner that fulfills the purposes
described in, Presidential Proclamation 9298, dated July 10,
2015 (80 Fed. Reg. 41975).
(2) Tribal consultation.--The Secretary and the Secretary
of Agriculture shall consult with affected federally
recognized Indian Tribes in--
(A) the development of the management plan under paragraph
(1); and
(B) making management decisions relating to the National
Monument.
(3) Continued engagement with indian tribes.--The
management plan developed under paragraph (1) shall set forth
parameters for continued meaningful engagement with affected
federally recognized Indian Tribes in the implementation of
the management plan.
(4) Effect.--Nothing in this section affects the conduct of
fire mitigation or suppression activities at the National
Monument, including through the use of existing agreements.
(d) Agreements and Partnerships.--To the maximum extent
practicable and in accordance with applicable laws, on
request of an affected federally recognized Indian Tribe, the
Secretary (acting through the Director of the Bureau of Land
Management) and the Secretary of Agriculture (acting through
the Chief of the Forest Service) shall enter into agreements,
contracts, and other cooperative and collaborative
partnerships with the federally recognized Indian Tribe
regarding management of the National Monument under relevant
Federal authority, including--
(1) the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5301 et seq.);
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(3) the Tribal Self-Governance Act of 1994 (25 U.S.C. 5361
et seq.);
(4) the Tribal Forest Protection Act of 2004 (25 U.S.C.
3115a et seq.);
(5) the good neighbor authority under section 8206 of the
Agricultural Act of 2014 (16 U.S.C. 2113a);
(6) Executive Order 13175 (25 U.S.C. 5301 note; relating to
consultation and coordination with Indian Tribal
governments);
(7) Secretarial Order 3342, issued by the Secretary on
October 21, 2016 (relating to identifying opportunities for
cooperative and collaborative partnerships with federally
recognized Indian Tribes in the management of Federal lands
and resources); and
(8) Joint Secretarial Order 3403, issued by the Secretary
and the Secretary of Agriculture on November 15, 2021
(relating to fulfilling the trust responsibility to Indian
Tribes in the stewardship of Federal lands and waters).
(e) Designation of Condor Ridge (Molok Luyuk) in Lake and
Colusa Counties, California.--
(1) In general.--The parcel of Federal land administered by
the Bureau of Land Management located in Lake and Colusa
Counties in the State of California and commonly referred to
as ``Walker Ridge'' shall be known and designated as ``Condor
Ridge (Molok Luyuk)''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
parcel of Federal land described in paragraph (1) shall be
deemed to be a reference to ``Condor Ridge (Molok Luyuk)''.
(3) Map and legal description.--
(A) Preparation.--
(i) Initial map.--The Board shall pr