[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5239-S5506]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5747. Mr. MENENDEZ (for himself and Mr. Risch) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. ENHANCING TRANSPARENCY ON INTERNATIONAL AGREEMENTS 
                   AND NON-BINDING INSTRUMENTS.

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

     ``Sec. 112b. United States international agreements and non-
       binding instruments; transparency provisions

       ``(a)(1) Not less frequently than once each month, the 
     Secretary shall provide in writing to the appropriate 
     congressional committees the following:
       ``(A)(i) A list of all international agreements approved 
     for negotiation by the Secretary or another Department of 
     State officer at the Assistant Secretary level or higher and 
     a list of all qualifying non-binding instruments described in 
     subsection (l)(6)(A)(ii)(II) approved for negotiation by the 
     appropriate department or agency during the prior month, or, 
     in the event an international agreement or qualifying non-
     binding instrument is not included in the lists required by 
     this clause, a certification corresponding to the 
     international agreement or qualifying non-binding instrument 
     as authorized under paragraph (5)(A).
       ``(ii) A description of the intended subject matter and 
     parties to or participants for each international agreement 
     and qualifying non-binding instrument listed pursuant to 
     clause (i).
       ``(B)(i) A list of all international agreements and 
     qualifying non-binding instruments signed, concluded, or 
     otherwise finalized during the prior month.
       ``(ii) The text of all international agreements and 
     qualifying non-binding instruments described in clause (i).
       ``(iii) A detailed description of the legal authority that, 
     in the view of the Secretary, provides authorization for each 
     international agreement and that, in the view of the 
     appropriate department or agency, provides authorization for 
     each qualifying non-binding instrument provided under clause 
     (ii) to become operative. If multiple authorities are relied 
     upon in relation to an international agreement, the Secretary 
     shall cite all such authorities, and if multiple authorities 
     are relied upon in relation to a qualifying non-binding 
     instrument, the appropriate department or agency shall cite 
     all such authorities. All citations to the Constitution of 
     the United States, a treaty, or a statute shall include the 
     specific article or section and subsection reference whenever 
     available and, if not available, shall be as specific as 
     possible. If the authority relied upon is or includes article 
     II of the Constitution of the United States, the Secretary or 
     appropriate department or agency shall explain the basis for 
     that reliance.
       ``(C)(i) A list of all international agreements that 
     entered into force and qualifying non-binding instruments 
     that became operative for the United States or an agency of 
     the United States during the prior month.
       ``(ii) The text of all international agreements and 
     qualifying non-binding instruments described in clause (i) if 
     such text differs from the text of the agreement or 
     instrument previously provided pursuant to subparagraph 
     (B)(ii).
       ``(iii) A statement describing any new or amended statutory 
     or regulatory authority anticipated to be required to fully 
     implement each proposed international agreement and 
     qualifying non-binding instrument included in the list 
     described in clause (i).
       ``(2) Not less frequently than once every three months, the 
     Secretary shall provide in writing to the appropriate 
     congressional committees the following:
       ``(A) A list of all qualifying non-binding instruments 
     described in subsection (l)(6)(A)(ii)(I) approved for 
     negotiation by the appropriate department or agency during 
     the prior three months, or, in the event a qualifying non-
     binding instrument is not included in the list required by 
     this subparagraph, a certification corresponding to the 
     qualifying non-binding instrument as authorized under 
     paragraph (5)(A).
       ``(B) A description of the intended subject matter and 
     participants for each qualifying non-binding instrument 
     listed pursuant to subparagraph (A).
       ``(3) The information and text required by paragraphs (1) 
     and (2) shall be submitted in unclassified form, but may 
     include a classified annex.
       ``(4) In the case of a general authorization issued for the 
     negotiation or conclusion of a series of international 
     agreements of the same general type, the requirements of 
     paragraph (1)(A) may be satisfied by the provision in writing 
     of--
       ``(A) a single notification containing all the information 
     required by paragraph (1)(A); and
       ``(B) a list, to the extent described in such general 
     authorization, of the countries or entities with which such 
     agreements are contemplated.
       ``(5)(A) The Secretary may, on a case-by-case basis, waive 
     the requirements of paragraph (1)(A) or (2)(A) with respect 
     to a specific international agreement or qualifying non-
     binding instrument, as applicable, for renewable periods of 
     up to 180 days if the Secretary certifies in writing to the 
     appropriate congressional committees that--
       ``(i) exercising the waiver authority is vital to the 
     negotiation of a particular international agreement or 
     qualifying non-binding instrument; and
       ``(ii) the international agreement or qualifying non-
     binding instrument would significantly and materially advance 
     the foreign policy or national security interests of the 
     United States.
       ``(B) The Secretary shall brief the Majority Leader and the 
     Minority Leader of the Senate, the Speaker and the Minority 
     Leader of the House of Representatives, and the Chairs and 
     Ranking Members of the appropriate congressional committees 
     on the scope and status of the negotiation that is the 
     subject of the waiver under subparagraph (A)--
       ``(i) not later than 90 days after the date on which the 
     Secretary exercises the waiver; and
       ``(ii) once every 180 days during the period in which a 
     renewed waiver is in effect.
       ``(C) The certification required by subparagraph (A) may be 
     provided in classified form.
       ``(D) The Secretary shall not delegate the waiver authority 
     or certification requirements under subparagraph (A). The 
     Secretary shall not delegate the briefing requirements under 
     subparagraph (B) to any person other than the Deputy 
     Secretary.
       ``(b)(1) Not later than 120 days after the date on which an 
     international agreement enters into force, the Secretary 
     shall make the text of the agreement, and the information 
     described in subparagraphs (B)(iii) and (C)(iii) of 
     subsection (a)(1) relating to the agreement, available to the 
     public on the website of the Department of State.
       ``(2) Not less frequently than once every 120 days, the 
     Secretary shall make the text of each qualifying non-binding 
     instrument that became operative during the preceding 120 
     days, and the information described in subparagraphs (B)(iii) 
     and (C)(iii) of subsection (a)(1) relating to each such 
     instrument, available to the public on the website of the 
     Department of State.
       ``(3) The requirements under paragraphs (1) and (2) shall 
     not apply to the following categories of international 
     agreements or qualifying non-binding instruments, or to 
     information described in subparagraphs (B)(iii) and (C)(iii) 
     of subsection (a)(1) relating to such agreements or 
     qualifying non-binding instruments:
       ``(A) International agreements and qualifying non-binding 
     instruments that contain information that has been given a 
     national security classification pursuant to Executive Order 
     13526 (50 U.S.C. 3161 note; relating to classified national 
     security information) or any predecessor or successor order, 
     or that contain any information that is otherwise exempt from 
     public disclosure pursuant to United States law.
       ``(B) International agreements and qualifying non-binding 
     instruments that address specified military operations, 
     military exercises, acquisition and cross servicing, 
     logistics support, military personnel exchange or education 
     programs, or the provision of health care to military 
     personnel on a reciprocal basis.
       ``(C) International agreements and qualifying non-binding 
     instruments that establish the terms of grant or other 
     similar assistance, including in-kind assistance, financed 
     with foreign assistance funds pursuant to the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the Food 
     for Peace Act (7 U.S.C. 1691 et seq.).
       ``(D) International agreements and qualifying non-binding 
     instruments, such as project annexes and other similar 
     instruments, for which the principal function is to establish 
     technical details for the implementation of a specific 
     project undertaken pursuant to another agreement or 
     qualifying non-binding instrument that has been published in 
     accordance with paragraph (1) or (2).
       ``(E) International agreements and qualifying non-binding 
     instruments that have been separately published by a 
     depositary or other similar administrative body, except that 
     the Secretary shall make the information described in 
     subparagraphs (B)(iii) and (C)(iii) of subsection (a)(1), 
     relating to such agreements or qualifying non-binding 
     instruments, available to the public on the website of the 
     Department of State within the timeframes required by 
     paragraph (1) or (2).
       ``(c) For any international agreement or qualifying non-
     binding instrument for which an implementing agreement or 
     arrangement, or any document of similar purpose or function 
     to the aforementioned regardless of the title of the 
     document, is not otherwise required to be submitted to the 
     appropriate congressional committees under subparagraphs 
     (B)(ii) or (C)(ii) of subsection (a)(1), not later than 30 
     days after the date on

[[Page S5240]]

     which the Secretary receives a written communication from the 
     Chair or Ranking Member of either of the appropriate 
     congressional committees requesting the text of any such 
     implementing agreements or arrangements, whether binding or 
     non-binding, the Secretary shall submit such implementing 
     agreements or arrangements to the appropriate congressional 
     committees.
       ``(d) Any department or agency of the United States 
     Government that enters into any international agreement or 
     qualifying non-binding instrument on behalf of itself or the 
     United States shall--
       ``(1) notify the Secretary of the approval for negotiation 
     of a qualifying non-binding instrument within 15 days of such 
     approval;
       ``(2) provide to the Secretary the text of each 
     international agreement not later than 15 days after the date 
     on which such agreement is signed or otherwise concluded;
       ``(3) provide to the Secretary the text of each qualifying 
     non-binding instrument not later than 15 days after the date 
     on which such instrument is concluded or otherwise becomes 
     finalized;
       ``(4) provide to the Secretary a detailed description of 
     the legal authority that provides authorization for each 
     qualifying non-binding instrument to become operative not 
     later than 15 days after such instrument is signed or 
     otherwise becomes finalized; and
       ``(5) on an ongoing basis, provide any implementing 
     material to the Secretary for transmittal to the appropriate 
     congressional committees as needed to satisfy the 
     requirements described in subsection (c).
       ``(e)(1) Each department or agency of the United States 
     Government that enters into any international agreement or 
     qualifying non-binding instrument on behalf of itself or the 
     United States shall designate a Chief International 
     Agreements Officer, who shall--
       ``(A) be selected from among employees of such department 
     or agency;
       ``(B) serve concurrently as the Chief International 
     Agreements Officer; and
       ``(C) subject to the authority of the head of such 
     department or agency, have department- or agency-wide 
     responsibility for efficient and appropriate compliance with 
     this section.
       ``(2) There shall be a Chief International Agreements 
     Officer who serves at the Department of State with the title 
     of International Agreements Compliance Officer.
       ``(f) The substance of oral international agreements and 
     qualifying non-binding instruments shall be reduced to 
     writing for the purpose of meeting the requirements of 
     subsections (a) and (b).
       ``(g) Notwithstanding any other provision of law, an 
     international agreement may not be signed or otherwise 
     concluded on behalf of the United States without prior 
     consultation with the Secretary. Such consultation may 
     encompass a class of agreements rather than a particular 
     agreement.
       ``(h)(1) If the Secretary is aware or has reason to believe 
     that the requirements of subsection (a)(1), (a)(2), (b), or 
     (c) have not been fulfilled with respect to an international 
     agreement or qualifying non-binding instrument, the Secretary 
     shall--
       ``(A) immediately bring the matter to the attention of the 
     office or agency responsible for the agreement or qualifying 
     non-binding instrument; and
       ``(B) request the office or agency to provide within 7 days 
     the information necessary to fulfill the requirements of the 
     relevant subsection.
       ``(2) Upon receiving the information requested pursuant to 
     paragraph (1), the Secretary shall--
       ``(A) fulfill the requirements of subsection (a), (b), or 
     (c), as the case may be, with respect to the agreement or 
     qualifying non-binding instrument concerned--
       ``(i) by including such information in the next submission 
     required by subsection (a)(1);
       ``(ii) by providing such information in writing to the 
     appropriate congressional committees before provision of the 
     submission described in clause (i); or
       ``(iii) in relation to subsection (b), by making the text 
     of the agreement or qualifying non-binding instrument and the 
     information described in subparagraphs (B)(iii) and (C)(iii) 
     of subsection (a)(1) relating to the agreement or instrument 
     available to the public on the website of the Department of 
     State within 15 days; and
       ``(B) provide to the appropriate congressional committees, 
     either in the next submission required by subsection (a)(1) 
     or before such submission, a written statement explaining the 
     reason for the delay in fulfilling the requirements of 
     subsection (a), (b), or (c), as the case may be.
       ``(3) Notwithstanding any other provision of law, if the 
     requirements of subsection (a) have not been fulfilled with 
     respect to an international agreement within 45 days of the 
     date on which the Secretary made a request to an office or 
     agency as described in paragraph (1)(B), no amounts 
     appropriated to the Department of State under any law shall 
     be available for obligation or expenditure to implement or to 
     support the implementation of (including through the use of 
     personnel or resources subject to the authority of a chief of 
     mission) that particular international agreement, other than 
     to facilitate compliance with this section, until the 
     Secretary satisfies the substantive requirements in 
     subsection (a) with respect to that particular international 
     agreement.
       ``(i)(1) Not later than 3 years after the date of the 
     enactment of this section, and not less frequently than once 
     every 3 years thereafter during the 9-year period beginning 
     on the date of the enactment of this section, the Comptroller 
     General of the United States shall conduct an audit of the 
     compliance of the Secretary with the requirements of this 
     section.
       ``(2) In any instance in which a failure by the Secretary 
     to comply with such requirements is determined by the 
     Comptroller General to have been due to the failure or 
     refusal of another agency to provide information or material 
     to the Department of State, or the failure to do so in a 
     timely manner, the Comptroller General shall engage such 
     other agency to determine--
       ``(A) the cause and scope of such failure or refusal;
       ``(B) the specific office or offices responsible for such 
     failure or refusal; and
       ``(C) recommendations for measures to ensure compliance 
     with statutory requirements.
       ``(3) The Comptroller General shall submit to the 
     appropriate congressional committees in writing the results 
     of each audit required by paragraph (1).
       ``(4) The Comptroller General and the Secretary shall make 
     the results of each audit required by paragraph (1) publicly 
     available on the websites of the Government Accountability 
     Office and the Department of State, respectively.
       ``(j) The President shall, through the Secretary, 
     promulgate such rules and regulations as may be necessary to 
     carry out this section.
       ``(k) It is the sense of Congress that the executive branch 
     should not prescribe or otherwise commit to or include 
     specific legislative text in a treaty, executive agreement, 
     or non-binding instrument unless Congress has authorized such 
     action.
       ``(l) In this section:
       ``(1) The term `appropriate congressional committees' 
     means--
       ``(A) the Committee on Foreign Relations of the Senate; and
       ``(B) the Committee on Foreign Affairs of the House of 
     Representatives.
       ``(2) The term `appropriate department or agency' means the 
     department or agency of the United States Government that 
     negotiates and enters into a qualifying non-binding 
     instrument on behalf of itself or the United States.
       ``(3) The term `Deputy Secretary' means the Deputy 
     Secretary of State.
       ``(4) The term `intelligence community' has the meaning 
     given that term in section 3(4) of the National Security Act 
     of 1947 (50 U.S.C. 3003(4)).
       ``(5) The term `international agreement' includes--
       ``(A) any treaty that requires the advice and consent of 
     the Senate, pursuant to article II of the Constitution of the 
     United States; and
       ``(B) any other international agreement to which the United 
     States is a party and that is not subject to the advice and 
     consent of the Senate.
       ``(6)(A) The term `qualifying non-binding instrument' means 
     a non-binding instrument that--
       ``(i) is or will be under negotiation, is signed or 
     otherwise becomes operative, or is implemented with one or 
     more foreign governments, international organizations, or 
     foreign entities, including non-state actors; and
       ``(ii)(I) could reasonably be expected to have a 
     significant impact on the foreign policy of the United 
     States; or
       ``(II) is the subject of a written communication from the 
     Chair or Ranking Member of either of the appropriate 
     congressional committees to the Secretary.
       ``(B) The term `qualifying non-binding instrument' does not 
     include any non-binding instrument that is signed or 
     otherwise becomes operative or is implemented pursuant to the 
     authorities relied upon by the Department of Defense, the 
     Armed Forces of the United States, or any element of the 
     intelligence community.
       ``(7) The term `Secretary' means the Secretary of State.
       ``(8)(A) The term `text' with respect to an international 
     agreement or qualifying non-binding instrument includes--
       ``(i) any annex, appendix, codicil, side agreement, side 
     letter, or any document of similar purpose or function to the 
     aforementioned, regardless of the title of the document, that 
     is entered into contemporaneously and in conjunction with the 
     international agreement or qualifying non-binding instrument; 
     and
       ``(ii) any implementing agreement or arrangement, or any 
     document of similar purpose or function to the aforementioned 
     regardless of the title of the document, that is entered into 
     contemporaneously and in conjunction with the international 
     agreement or qualifying non-binding instrument.
       ``(B) Under clauses (i) and (ii) of subparagraph (A), the 
     term `contemporaneously and in conjunction with' shall be 
     construed liberally and shall not be interpreted to require 
     any action to have occurred simultaneously or on the same 
     day.
       ``(m) Nothing in this section shall be construed to 
     authorize the withholding from disclosure to the public of 
     any record if such disclosure is required by law.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 2 of title 1, United States Code, is 
     amended by striking the item relating to section 112b and 
     inserting the following:


[[Page S5241]]


``112b. United states international agreements and non-binding 
              instruments; transparency provisions.''.

       (3) Technical and conforming amendment relating to 
     authorities of the secretary of state.--Section 317(h)(2) of 
     the Homeland Security Act of 2002 (6 U.S.C. 195c(h)(2)) is 
     amended by striking ``Section 112b(c)'' and inserting 
     ``Section 112b(g)''.
       (4) Mechanism for reporting.--Not later than 270 days after 
     the date of the enactment of this Act, the Secretary of State 
     shall establish a mechanism for personnel of the Department 
     of State who become aware or who have reason to believe that 
     the requirements of section 112b of title 1, United States 
     Code, as amended by this subsection, have not been fulfilled 
     with respect to an international agreement or qualifying non-
     binding instrument (as those terms are defined in that 
     section) to report such instances to the Secretary.
       (5) Rules and regulations.--Not later than 180 days after 
     the date of the enactment of this Act, the President shall, 
     through the Secretary of State, promulgate such rules and 
     regulations as may be necessary to carry out section 112b of 
     title 1, United States Code, as amended by this subsection.
       (6) Consultation and briefing requirement.--
       (A) Consultation.--The Secretary of State shall consult 
     with the appropriate congressional committees on matters 
     related to the implementation of this Act and the amendments 
     made by this Act prior to and after the effective date 
     described in subsection (c).
       (B) Briefing.--Not later than 90 days after the date of the 
     enactment of this Act, and once every 90 days thereafter for 
     1 year, the Secretary of State shall brief the appropriate 
     congressional committees on the status of efforts to 
     implement this Act and the amendments made by this Act.
       (C) Definition of appropriate congressional committees.--In 
     this paragraph, the term ``appropriate congressional 
     committees'' means--
       (i) the Committee on Foreign Relations of the Senate; and
       (ii) the Committee on Foreign Affairs of the House of 
     Representatives.
       (7) Authorization of appropriations.--There is authorized 
     to be appropriated to the Department of State $1,000,000 for 
     each of fiscal years 2023 through 2027 for purposes of 
     implementing the requirements of section 112b of title 1, 
     United States Code, as amended by this subsection.
       (b) Section 112a of Title 1.--Section 112a of title 1, 
     United States Code, is amended by striking subsections (b), 
     (c), and (d) and inserting the following:
       ``(b) Copies of international agreements and qualifying 
     non-binding instruments in the possession of the Department 
     of State but not published, other than the agreements 
     described in subsection (b)(3)(A) of section 112b, shall be 
     made available by the Department of State upon request.''.
       (c) Effective Date of Amendments.--The amendments made by 
     this Act shall take effect 270 days after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 5748. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 2825. IMPLEMENTATION OF COMPTROLLER GENERAL 
                   RECOMMENDATIONS REGARDING MILITARY HOUSING.

       (a) Basic Allowance for Housing.--The Secretary of Defense 
     shall ensure that the Military Compensation Policy 
     directorate within the Office of the Deputy Assistant 
     Secretary of Defense for Military Personnel Policy, in 
     coordination with each military department, not later than 
     one year after the date of the enactment of this Act--
       (1) assesses the process of the Department of Defense for 
     collecting rental property data to determine ways to increase 
     the sample size of current representative data and ensure 
     sample size targets are met;
       (2) reviews and updates guidance for basic allowance for 
     housing under section 403 of title 37, United States Code, to 
     ensure that information about the rate-setting process for 
     such allowance, including its sampling methodology and use of 
     minimum sample size targets, is accurately and fully 
     reflected in such guidance; and
       (3) establishes and implements a process for consistently 
     monitoring anchor points, the interpolation table, external 
     alternative data, and any indications of potential bias by 
     using quality information to set rates for such allowance and 
     ensuring timely remediation of any identified deficiencies.
       (b) Work Order Data for Privatized Military Housing.--The 
     Secretary of Defense shall ensure that the Assistant 
     Secretary of Defense for Sustainment, not later than one year 
     after the date of the enactment of this Act--
       (1) requires the military departments to establish a 
     process to validate data collected by privatized military 
     housing partners to better ensure the reliability and 
     validity of work order data and to allow for more effective 
     use of such data for monitoring and tracking purposes; and
       (2) provides in future reports to Congress additional 
     explanation of such work order data collected and reported, 
     such as explaining the limitations of available survey data, 
     how resident satisfaction was calculated, and reasons for any 
     missing data.
       (c) Finances for Privatized Military Housing Projects.--The 
     Secretary of Defense shall ensure that the Assistant 
     Secretary of Defense for Energy, Installations, and 
     Environment, not later than one year after the date of the 
     enactment of this Act--
       (1) takes steps to resume issuing required reports to 
     Congress on the financial condition of privatized military 
     housing in a timely manner;
       (2) reports financial information on future sustainment of 
     each privatized military housing project in its reports to 
     Congress;
       (3) provides guidance directing the military departments to 
     assess the significance of the specific risks to individual 
     privatized military housing projects resulting from reduction 
     in the basic allowance for housing under section 403 of title 
     37, United States Code, and identify courses of action to 
     respond to any risks based on the significance of such risks; 
     and
       (4) revises its guidance on privatized military housing to 
     require the military departments to define their risk 
     tolerances regarding the future sustainability of their 
     privatized military housing projects.
       (d) Privatized Military Housing Defined.--In this section, 
     the term ``privatized military housing'' means military 
     housing provided under subchapter IV of chapter 169 of title 
     10, United States Code.
                                 ______
                                 
  SA 5749. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 2825. COMPTROLLER GENERAL ASSESSMENT OF IMPLEMENTATION 
                   OF CERTAIN STATUTORY PROVISIONS INTENDED TO 
                   IMPROVE THE EXPERIENCE OF RESIDENTS OF 
                   PRIVATIZED MILITARY HOUSING.

       (a) Assessment Required.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct an independent assessment of the 
     implementation by the Department of Defense of sections 2890, 
     2891c(b), and 2894(c) of title 10, United States Code.
       (2) Elements.--The assessment required under paragraph (1) 
     shall include--
       (A) a summary and evaluation of the analysis and 
     information provided to residents of privatized military 
     housing regarding the assessment of performance indicators 
     pursuant to section 2891c(b) of title 10, United States Code, 
     and the extent to which such residents have requested such an 
     assessment;
       (B) a summary of the extent to which the Department 
     collects and uses data on whether members of the Armed Forces 
     and their families residing in privatized military housing, 
     including family and unaccompanied housing, have exercised 
     the rights afforded in the Military Housing Privatization 
     Initiative Tenant Bill of Rights under subsection (a) of 
     section 2890 of title 10, United States Code, to include the 
     rights specified under paragraphs (8), (12), (13), (14), and 
     (15) of subsection (b) of such section, and an evaluation of 
     the implementation by each military department of such 
     section;
       (C) an evaluation of the implementation by each military 
     department of section 2894(c) of title 10, United States 
     Code, including, with regard to paragraph (5) of such 
     section--
       (i) the number of requests that have been resolved 
     favorably; and
       (ii) the number of requests that have been resolved in 
     compliance within the required time period; and
       (D) such other matters as the Comptroller General considers 
     necessary.
       (b) Briefing and Report.--
       (1) Briefing.--Not later than March 31, 2022, the 
     Comptroller General shall provide to the Committees on Armed 
     Services of the Senate and the House of Representatives an 
     interim briefing on the assessment conducted under subsection 
     (a).
       (2) Report.--Not later than one year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the Committees on Armed Services of the Senate and the 
     House of Representatives a report on the assessment conducted 
     under subsection (a).
       (c) Privatized Military Housing Defined.--In this section, 
     the term ``privatized military housing'' means military 
     housing provided under subchapter IV of chapter 169 of title 
     10, United States Code.
                                 ______
                                 
  SA 5750. Mr. WARNER submitted an amendment intended to be proposed to

[[Page S5242]]

amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 564. FOOD INSECURITY AMONG MEMBERS OF THE ARMED FORCES 
                   TRANSITIONING OUT OF ACTIVE DUTY SERVICE.

       (a) Study; Education and Outreach Efforts.--
       (1) Study.--The Secretary of Defense shall, in conjunction 
     with the Secretary of Veterans Affairs, conduct a study to 
     identify the means by which members of the Armed Forces are 
     provided information about the availability of Federal 
     nutrition assistance programs as they transition out of 
     active duty service.
       (2) Education and outreach efforts.--The Secretary of 
     Defense, working with the Secretary of Veterans Affairs, 
     shall increase education and outreach efforts to members of 
     the Armed Forces who are transitioning out of active duty 
     service, particularly those members identified as being at-
     risk for food insecurity, to increase awareness of the 
     availability of Federal nutrition assistance programs and 
     eligibility for those programs.
       (3) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall--
       (A) submit to the Committee on Armed Services of the Senate 
     and the Committee on Armed Services of the House of 
     Representatives a report on the results of the study 
     conducted under paragraph (1); and
       (B) publish such report on the website of the Department of 
     Defense.
       (b) Report on Coordination Among Departments.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     coordination with the Secretary of Veterans Affairs and the 
     Secretary of Agriculture, shall submit to each congressional 
     committee with jurisdiction over the Department of Defense, 
     the Department of Veterans Affairs, and the Department of 
     Agriculture a report on the coordination, data sharing, and 
     evaluation efforts on food insecurity across those 
     departments.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) An accounting of the funding each department referred 
     to in paragraph (1) has obligated toward food insecurity 
     research.
       (B) An outline of methods of comparing programs and sharing 
     best practices for addressing food insecurity by each such 
     department.
       (C) An outline of--
       (i) the plan each such department has to achieve greater 
     government efficiency and cross-agency coordination, data 
     sharing, and evaluation in addressing food insecurity among 
     members of the Armed Forces; and
       (ii) efforts that the departments can undertake to improve 
     coordination to better address food insecurity as it impacts 
     members before, during, and after their active duty service.
       (D) Any other information the Secretary of Defense, the 
     Secretary of Veterans Affairs, or the Secretary of 
     Agriculture determines to be appropriate.
       (c) Government Accountability Office Study.--The 
     Comptroller General of the United States shall conduct a 
     study to evaluate the feasibility and advisability of 
     expanding eligibility for the basic needs allowance under 
     section 402b of title 37, United States Code, to individuals 
     during the period following the transition of the individuals 
     out of active duty service, up to three months.
                                 ______
                                 
  SA 5751. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 916. DESIGNATION OF SENIOR OFFICIAL TO COMBAT FOOD 
                   INSECURITY.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     designate a senior official of the Department of Defense to 
     be responsible for, and accountable to the Secretary with 
     respect to, combating food insecurity among members of the 
     Armed Forces and their families. The Secretary shall 
     designate the senior official from among individuals who are 
     appointed to a position in the Department by the President, 
     by and with the advice and consent of the Senate.
       (b) Responsibilities.--The senior official designated under 
     subsection (a) shall be responsible for the following:
       (1) Oversight of policy, strategy, and planning for efforts 
     of the Department of Defense to combat food insecurity among 
     members of the Armed Forces and their families.
       (2) Coordinating with other Federal agencies with respect 
     to combating food insecurity.
       (3) Such other matters as the Secretary considers 
     appropriate.
                                 ______
                                 
  SA 5752. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1214. REPEAL OF WAIVER AUTHORITY FOR THE PROVISION OF 
                   MOST ASSISTANCE TO THE GOVERNMENT OF 
                   AZERBAIJAN.

       Title II of the Foreign Operations, Export Financing, and 
     Related Programs Appropriations Act, 2002 (Public Law 107-
     115; 22 U.S.C. 5812 note) is amended by striking paragraphs 
     (2) through (6) of subsection (g).
                                 ______
                                 
  SA 5753. Mrs. MURRAY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 3118. AMENDMENTS TO THE ENERGY EMPLOYEES OCCUPATIONAL 
                   ILLNESS COMPENSATION PROGRAM ACT OF 2000.

       (a) Short Title.--This section may be cited as the 
     ``Beryllium Testing Fairness Act''.
       (b) Modification of Demonstration of Beryllium 
     Sensitivity.--Section 3621(8)(A) of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C. 7384l(8)(A)) is amended--
       (1) by striking ``established by an abnormal'' and 
     inserting the following: ``established by--
       ``(i) an abnormal'';
       (2) by striking the period at the end and inserting ``; 
     or''; and
       (3) by adding at the end the following:
       ``(ii) three borderline beryllium lymphocyte proliferation 
     tests performed on blood cells.''.
       (c) Extension of Advisory Board on Toxic Substances and 
     Worker Health.--Section 3687(j) of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C. 7385s-16(j)) is amended by striking ``10 years'' and 
     inserting ``15 years''.
                                 ______
                                 
  SA 5754. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1276. LIMITATION ON TRANSFER OF F-16 AIRCRAFT.

       The President may not sell or authorize a license for the 
     export of new F-16 aircraft or F-16 upgrade technology or 
     modernization kits pursuant to any authority provided by the 
     Arms Export Control Act (22 U.S.C. 2751 et seq.) to the 
     Government of Turkey, or to any agency or instrumentality of 
     Turkey, unless the President provides to the Committee on 
     Foreign Relations of the Senate, the Committee on Foreign 
     Affairs of the House of Representatives, and the 
     congressional defense committees a certification--
       (1) that such transfer is in the national interest of the 
     United States; and
       (2) that includes a detailed description of concrete steps 
     taken to ensure that such F-16s are not used by Turkey for 
     repeated unauthorized territorial overflights of Greece.
                                 ______
                                 
  SA 5755. Ms. HIRONO (for herself and Mr. Cramer) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended

[[Page S5243]]

to be proposed to the bill H.R. 7900, to authorize appropriations for 
fiscal year 2023 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1026. BATTLE FORCE SHIP EMPLOYMENT, MAINTENANCE, AND 
                   MANNING BASELINE PLANS.

       (a) In General.--Chapter 863 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 8696. Battle force ship employment, maintenance, and 
       manning baseline plans

       ``(a) In General.--Not later than 45 days after the date of 
     delivery of the first ship in a new class of battle force 
     ships, the Secretary of the Navy shall submit to the 
     congressional defense committees a report on the employment, 
     maintenance, and manning baseline plans for the class, 
     including a description of the following:
       ``(1) The sustainment and maintenance plans for the class 
     that encompass the number of years the class is expected to 
     be in service, including--
       ``(A) the allocation of maintenance tasks among 
     organizational, intermediate, depot, or other activities;
       ``(B) the planned duration and interval of maintenance for 
     all depot-level maintenance availabilities; and
       ``(C) the planned duration and interval of drydock 
     maintenance periods.
       ``(2) Any contractually required integrated logistics 
     support deliverables for the ship, including technical 
     manuals, and an identification of--
       ``(A) the deliverables provided to the Government on or 
     before the delivery date; and
       ``(B) the deliverables not provided to the Government on or 
     before the delivery date and the expected dates those 
     deliverables will be provided to the Government.
       ``(3) The planned maintenance system for the ship, 
     including--
       ``(A) the elements of the system, including maintenance 
     requirement cards, completed on or before the delivery date;
       ``(B) the elements of the system not completed on or before 
     the delivery date and the expected completion date of those 
     elements; and
       ``(C) the plans to complete planned maintenance from the 
     delivery date until all elements of the system have been 
     completed.
       ``(4) The coordinated shipboard allowance list for the 
     class, including--
       ``(A) the items on the list onboard on or before the 
     delivery date; and
       ``(B) the items on the list not onboard on or before the 
     delivery date and the expected arrival date of those items.
       ``(5) The ship manpower document for the class, including--
       ``(A) the number of officers by grade and designator; and
       ``(B) the number of enlisted personnel by rate and rating.
       ``(6) The personnel billets authorized for the ship for the 
     fiscal year in which the ship is delivered and each of the 
     four fiscal years thereafter, including--
       ``(A) the number of officers by grade and designator; and
       ``(B) the number of enlisted personnel by rate and rating.
       ``(7) Programmed funding for manning and end strength on 
     the ship for the fiscal year in which the ship is delivered 
     and each of the four fiscal years thereafter, including--
       ``(A) the number of officers by grade and designator; and
       ``(B) the number of enlisted personnel by rate and rating.
       ``(8) Personnel assigned to the ship on the delivery date, 
     including--
       ``(A) the number of officers by grade and designator; and
       ``(B) the number of enlisted personnel by rate and rating.
       ``(9) For each critical hull, mechanical, electrical, 
     propulsion, and combat system of the class as so designated 
     by the Senior Technical Authority pursuant to section 
     8669b(c)(2)(C) of this title, the following:
       ``(A) The Government-provided training available for 
     personnel assigned to the ship at the time of delivery, 
     including the nature, objectives, duration, and location of 
     the training.
       ``(B) The contractor-provided training available for 
     personnel assigned to the ship at the time of delivery, 
     including the nature, objectives, duration, and location of 
     the training.
       ``(C) Plans to adjust how the training described in 
     subparagraphs (A) and (B) will be provided to personnel after 
     delivery, including the nature and timeline of those 
     adjustments.
       ``(10) The notional employment schedule of the ship for 
     each month of the fiscal year in which the ship is delivered 
     and each of the four fiscal years thereafter, including an 
     identification of time spent in the following phases:
       ``(A) Basic.
       ``(B) Integrated or advanced.
       ``(C) Deployment.
       ``(D) Maintenance.
       ``(E) Sustainment.
       ``(b) Notification Required.--Not less than 30 days before 
     implementing a significant change to the baseline plans 
     described in subsection (a) or any subsequent significant 
     change, the Secretary of the Navy shall submit to the 
     congressional defense committees written notification of the 
     change, including for each such change the following:
       ``(1) An explanation of the change.
       ``(2) The desired outcome.
       ``(3) The rationale.
       ``(4) The duration.
       ``(5) The operational impact.
       ``(6) The budgetary impact, including--
       ``(A) in the year in which the change is made;
       ``(B) over the five years thereafter; and
       ``(C) over the expected service life of the relevant class 
     of battle force ships.
       ``(7) The personnel impact, including--
       ``(A) in the year in which the change is made;
       ``(B) over the five years thereafter; and
       ``(C) over the expected service life of the relevant class 
     of battle force ships.
       ``(8) The sustainment and maintenance impact, including--
       ``(A) in the year in which the change is made;
       ``(B) over the five years thereafter; and
       ``(C) over the expected service life of the relevant class 
     of battle force ships.
       ``(c) Treatment of Certain Ships.--(1) For the purposes of 
     this section, the Secretary of the Navy shall treat as the 
     first ship in a new class of battle force ships the 
     following:
       ``(A) U.S.S. John F. Kennedy (CVN-79).
       ``(B) U.S.S. Michael Monsoor (DDG-1001).
       ``(C) U.S.S. Jack H. Lucas (DDG-125).
       ``(2) For each ship described in paragraph (1), the Senior 
     Technical Authority shall identify critical systems for the 
     purposes of subsection (a)(9).
       ``(d) Definitions.--In this section:
       ``(1) The term `battle force ship' means the following:
       ``(A) A commissioned United States Ship warship capable of 
     contributing to combat operations.
       ``(B) A United States Naval Ship that contributes directly 
     to Navy warfighting or support missions.
       ``(2) The term `delivery' has the meaning provided for in 
     section 8671 of this title.
       ``(3) The term `Senior Technical Authority' has the meaning 
     provided for in section 8669b of this title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 863 of such title is amended by adding 
     at the end the following new item:

``8696. Battle force ship employment, maintenance, and manning baseline 
              plans.''.
                                 ______
                                 
  SA 5756. Mr. COTTON (for himself and Mr. Kelly) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        On page 645, between lines 10 and 11, insert the 
     following:
       (8) Scandium.
                                 ______
                                 
  SA 5757. Mr. COTTON (for himself and Mr. Kelly) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1414. SUPPORT FOR UNITED STATES PRODUCERS AND PROCESSORS 
                   OF STRATEGIC AND CRITICAL MATERIALS.

       (a) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Defense Production Act Fund under section 304 of the 
     Defense Production Act of 1950 (50 U.S.C. 4534) for fiscal 
     year 2023 $500,000,000 for activities of the Department of 
     Defense pursuant to section 108 and title III of the Defense 
     Production Act of 1950 (50 U.S.C. 4518 and 4531 et seq.).
       (2) Requirements for strategic and critical minerals.--Of 
     the amount authorized to be appropriated by paragraph (1), 
     not less than $200,000,000 shall be available to meet the 
     requirements of the Department of Defense for--
       (A) materials specified in paragraphs (1) through (8) of 
     section 1413(a); and
       (B) components and unfinished precursors of such materials.
       (b) Increase in Limitation on Cost of Defense Production 
     Act Projects for Strategic and Critical Materials.--Section 
     303(a)(6) of the Defense Production Act (50 U.S.C. 
     4533(a)(6)) is amended--
       (1) in subparagraph (B)--

[[Page S5244]]

       (A) by striking ``If the taking'' and inserting the 
     following:
       ``(i) In general.--If the taking'';
       (B) by inserting ``(except as provided in clause (ii))'' 
     after ``$50,000,000''; and
       (C) by adding at the end the following:
       ``(ii) Exception for strategic and critical minerals.--If 
     the taking of any action under this subsection to correct a 
     domestic industrial base shortfall in materials, components, 
     or precursors described in section 1414(a)(2) of the James M. 
     Inhofe National Defense Authorization Act for Fiscal Year 
     2023 would cause the aggregate outstanding amount of all such 
     actions for such shortfall to exceed $100,000,000, the action 
     or actions may be taken only after the 30-day period 
     following the date on which the Committee on Banking, 
     Housing, and Urban Affairs of the Senate and the Committee on 
     Financial Services of the House of Representatives have been 
     notified in writing of the proposed action.''; and
       (2) in subparagraph (C)--
       (A) by striking ``If the taking'' and inserting the 
     following:
       ``(i) In general.--If the taking'';
       (B) by inserting ``(except as provided in clause (ii))'' 
     after ``$50,000,000''; and
       (C) by adding at the end the following:
       ``(ii) Exception for rare earth elements and critical 
     minerals.--If the taking of any action or actions under this 
     section to correct an industrial resource shortfall in 
     materials, components, or precursors described in section 
     1414(a)(2) of the James M. Inhofe National Defense 
     Authorization Act for Fiscal Year 2023 would cause the 
     aggregate outstanding amount of all such actions for such 
     industrial resource shortfall to exceed $100,000,000, no such 
     action or actions may be taken, unless such action or actions 
     are authorized to exceed such amount by an Act of 
     Congress.''.
                                 ______
                                 
  SA 5758. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1254. AUTHORIZATION OF APPROPRIATIONS FOR COUNTERING THE 
                   PEOPLE'S REPUBLIC OF CHINA MALIGN INFLUENCE 
                   FUND.

       (a) Countering the People's Republic of China Malign 
     Influence Fund.--There is authorized to be appropriated 
     $300,000,000 for each of fiscal years 2023 through 2027 for 
     the Countering the People's Republic of China Malign 
     Influence Fund to counter the malign influence of the Chinese 
     Communist Party globally. Amounts appropriated pursuant to 
     this authorization are authorized to remain available until 
     expended and shall be in addition to amounts otherwise 
     authorized to be appropriated to counter such influence.
       (b) Consultation Required.--The obligation of funds 
     appropriated or otherwise made available to counter the 
     malign influence of the Chinese Communist Party globally 
     shall be subject to prior consultation with, and consistent 
     with section 634A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2394-1), the regular notification procedures of--
       (1) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.
       (c) Policy Guidance, Coordination, and Approval.--
       (1) Coordinator.--The Secretary of State shall designate an 
     existing senior official of the Department of State at the 
     rank of Assistant Secretary or above to provide policy 
     guidance, coordination, and approval for the obligation of 
     funds authorized pursuant to subsection (a).
       (2) Duties.--The senior official designated pursuant to 
     paragraph (1) shall be responsible for--
       (A) on an annual basis, the identification of specific 
     strategic priorities for using the funds authorized to be 
     appropriated by subsection (a), such as geographic areas of 
     focus or functional categories of programming that funds are 
     to be concentrated within, consistent with the national 
     interests of the United States and the purposes of this 
     section;
       (B) the coordination and approval of all programming 
     conducted using the funds authorized to be appropriated by 
     subsection (a), based on a determination that such 
     programming directly counters the malign influence of the 
     Chinese Communist Party, including specific activities or 
     policies advanced by the Chinese Communist Party, pursuant to 
     the strategic objectives of the United States, as established 
     in the 2017 National Security Strategy, the 2018 National 
     Defense Strategy, and other relevant national and regional 
     strategies as appropriate;
       (C) ensuring that all programming approved bears a 
     sufficiently direct nexus to such acts by the Chinese 
     Communist Party described in subsection (d) and adheres to 
     the requirements outlined in subsection (e); and
       (D) conducting oversight, monitoring, and evaluation of the 
     effectiveness of all programming conducted using the funds 
     authorized to be appropriated by subsection (a) to ensure 
     that it advances United States interests and degrades the 
     ability of the Chinese Communist Party, to advance activities 
     that align with subsection (d) of this section.
       (3) Interagency coordination.--The senior official 
     designated pursuant to paragraph (1) shall, in coordinating 
     and approving programming pursuant to paragraph (2), seek--
       (A) to conduct appropriate interagency consultation; and
       (B) to ensure, to the maximum extent practicable, that all 
     approved programming functions in concert with other Federal 
     activities to counter the malign influence and activities of 
     the Chinese Communist Party.
       (4) Assistant coordinator.--The Administrator of the United 
     States Agency for International Development shall designate a 
     senior official at the rank of Assistant Administrator or 
     above to assist and consult with the senior official 
     designated pursuant to paragraph (1).
       (d) Malign Influence.--In this section, the term ``malign 
     influence'' with respect to the Chinese Communist Party shall 
     be construed to include acts conducted by the Chinese 
     Communist Party or entities acting on its behalf that--
       (1) undermine a free and open international order;
       (2) advance an alternative, repressive international order 
     that bolsters the Chinese Communist Party's hegemonic 
     ambitions and is characterized by coercion and dependency;
       (3) undermine the national security or sovereignty of the 
     United States or other countries; or
       (4) undermine the economic security of the United States or 
     other countries, including by promoting corruption and 
     advancing coercive economic practices.
       (e) Countering Malign Influence.--In this section, 
     countering malign influence through the use of funds 
     authorized to be appropriated by subsection (a) shall include 
     efforts--
       (1) to promote transparency and accountability, and reduce 
     corruption, including in governance structures targeted by 
     the malign influence of the Chinese Communist Party;
       (2) to support civil society and independent media to raise 
     awareness of and increase transparency regarding the negative 
     impact of activities related to the Belt and Road Initiative, 
     associated initiatives, other economic initiatives with 
     strategic or political purposes, and coercive economic 
     practices;
       (3) to counter transnational criminal networks that 
     benefit, or benefit from, the malign influence of the Chinese 
     Communist Party;
       (4) to encourage economic development structures that help 
     protect against predatory lending schemes, including support 
     for market-based alternatives in key economic sectors, such 
     as digital economy, energy, and infrastructure;
       (5) to counter activities that provide undue influence to 
     the security forces of the People's Republic of China;
       (6) to expose misinformation and disinformation of the 
     Chinese Communist Party's propaganda, including through 
     programs carried out by the Global Engagement Center; and
       (7) to counter efforts by the Chinese Communist Party to 
     legitimize or promote authoritarian ideology and governance 
     models.
                                 ______
                                 
  SA 5759. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1254. AMENDMENT TO THE MUTUAL EDUCATIONAL AND CULTURAL 
                   EXCHANGE ACT OF 1961.

       The Mutual Educational and Cultural Exchange Act of 1961 
     (22 U.S.C. 2451 et seq.) is amended by inserting after 
     section 108A the following:

     ``SEC. 108B. REPORTING REQUIREMENTS WITH RESPECT TO 
                   PARTICIPATION BY UNITED STATES ENTITIES IN 
                   CULTURAL EXCHANGE PROGRAMS INVOLVING THE 
                   PEOPLE'S REPUBLIC OF CHINA.

       ``(a) Sense of Congress.--It is the sense of Congress that 
     State and local entities in the United States and other 
     organizations and individuals in the United States who 
     sponsor, carry out, or otherwise participate in cultural, 
     educational, and economic exchange programs with the People's 
     Republic of China should adopt measures that facilitate 
     rigorous oversight of such programs, including compliance 
     with the oversight requirements described in this section, as 
     applicable.
       ``(b) Initial Certification to Congress.--Not later than 5 
     days after entering into an

[[Page S5245]]

     agreement to establish or reestablish any cultural exchange 
     program that involves the Government of the People's Republic 
     of China pursuant to section 108A, the Secretary of State 
     shall certify to the appropriate congressional committees 
     that--
       ``(1) establishing or reestablishing such program is in the 
     national interests of the United States;
       ``(2) such program will adhere to the purposes set forth in 
     section 101; and
       ``(3) the Department of State has established mechanisms 
     requiring each United States entity carrying out or otherwise 
     participating in such program to submit an annual report to 
     the Department of State (and make such report publicly 
     available) that includes--
       ``(A) the total number of cultural exchange programs 
     conducted by the entity;
       ``(B) a description and purpose of each such program;
       ``(C) an agenda or itinerary that describes the activities 
     engaged in by program participants; and
       ``(D) a list of participants in each such program, 
     including the names and professional affiliation of the 
     participants.
       ``(c) Annual Certifications to Congress.--
       ``(1) In general.--Not later than 1 year after establishing 
     or reestablishing a cultural exchange program described in 
     subsection (b), and annually thereafter through fiscal year 
     2027, the Secretary of State shall submit a certification to 
     the appropriate congressional committees that indicates 
     whether--
       ``(A) the continuation of such program is in the national 
     interests of the United States;
       ``(B) such program is adhering to the purposes set forth in 
     section 101; and
       ``(C) the mechanisms described in subsection (b)(3) provide 
     the Department sufficient transparency and oversight of each 
     program.
       ``(2) Failure to certify.--If the Secretary of State fails 
     to certify that all of the requirements under paragraph (1) 
     have been met with respect to a program described in 
     subsection (b), the Secretary shall suspend or terminate the 
     corresponding agreement described in subsection (b).
       ``(d) Transparency Report.--
       ``(1) In general.--The Secretary of State shall include, 
     with the annual certification required under subsection (c), 
     a detailed summary of the reporting received pursuant to 
     subsection (b)(3) from United States entities that are 
     carrying out or otherwise participating in any cultural 
     exchange program that involves the Government of the People's 
     Republic of China pursuant to section 108A.
       ``(2) Matters to be included.--The summary required under 
     paragraph (1) shall include, for the reporting period--
       ``(A) the total number of cultural exchange programs 
     conducted;
       ``(B) the total number of participants in such cultural 
     exchange programs;
       ``(C) a list of the names and professional affiliations of 
     such participants;
       ``(D) an overview of the cultural exchange programs, 
     including the inclusion of not fewer than 3 sample 
     itineraries and illustrative examples of activities in which 
     participants engaged;
       ``(E) an assessment of whether the cultural programs 
     conducted during the reporting period adhere to purposes set 
     forth in section 101, including a description of any 
     noticeable deviations from such purposes;
       ``(F) a description of all actions by the Department of 
     State to remediate deviations from such purposes; and
       ``(G) a detailed rationale for continuing the program 
     despite any deviations described in the report.
       ``(3) Form of report.--The summary required under paragraph 
     (1) shall be submitted in unclassified form.
       ``(e) Effect of Failure of United States Entity to 
     Report.--The Secretary of State may not award any United 
     States entity that fails to comply with the reporting 
     requirements described in (b)(3) any funds, in the form of 
     grants or otherwise, until such entity is in compliance with 
     the reporting requirements under this section.
       ``(f) Rulemaking.--The Secretary of State shall promulgate 
     regulations to carry out this section.''.
                                 ______
                                 
  SA 5760. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1254. INFRASTRUCTURE TRANSACTION AND ASSISTANCE NETWORK.

       (a) Authority.--The Secretary of State, in consultation 
     with the Administrator of the United States Agency for 
     International Development, is authorized to establish an 
     initiative, to be known as the ``Infrastructure Transaction 
     and Assistance Network'', under which the Secretary of State, 
     in consultation with other relevant Federal agencies, shall 
     carry out various programs to advance the development of 
     sustainable, transparent, and high-quality infrastructure in 
     the Indo-Pacific region by--
       (1) strengthening capacity-building programs to improve 
     project evaluation processes, regulatory and procurement 
     environments, and project preparation capacity of countries 
     that are partners of the United States in such development;
       (2) providing transaction advisory services and project 
     preparation assistance to support sustainable infrastructure; 
     and
       (3) coordinating the provision of United States assistance 
     for the development of infrastructure, including 
     infrastructure that uses United States-manufactured goods and 
     services, and catalyzing investment led by the private 
     sector.
       (b) Transaction Advisory Fund.--As part of the 
     Infrastructure Transaction and Assistance Network described 
     in subsection (a), the Secretary of State is authorized to 
     provide support, including through the Transaction Advisory 
     Fund, for advisory services to help boost the capacity of 
     partner countries to evaluate contracts and assess the 
     financial and environmental impacts of potential 
     infrastructure projects, including through providing services 
     such as--
       (1) legal services;
       (2) project preparation and feasibility studies;
       (3) debt sustainability analyses;
       (4) bid or proposal evaluation; and
       (5) other services relevant to advancing the development of 
     sustainable, transparent, and high-quality infrastructure.
       (c) Strategic Infrastructure Fund.--
       (1) In general.--As part of the Infrastructure Transaction 
     and Assistance Network described in subsection (a), the 
     Secretary of State is authorized to provide support, 
     including through the Strategic Infrastructure Fund, for 
     technical assistance, project preparation, pipeline 
     development, and other infrastructure project support.
       (2) Joint strategic infrastructure projects.--Funds 
     authorized for the Strategic Infrastructure Fund should be 
     used in coordination with the Department of Defense, the 
     International Development Finance Corporation, like-minded 
     donor partners, and multilateral banks, as appropriate, to 
     support joint infrastructure projects in the Indo-Pacific 
     region.
       (3) Strategic infrastructure projects.--Funds authorized 
     for the Strategic Infrastructure Fund should be used to 
     support strategic infrastructure projects that are in the 
     national security interest of the United States and 
     vulnerable to strategic competitors.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated, for each of fiscal years 2023 through 
     2027, $75,000,000 to the Infrastructure Transaction and 
     Assistance Network, of which $20,000,000 shall be made 
     available for the Transaction Advisory Fund.
       (e) Reports.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and semiannually thereafter for 3 
     years, the President shall submit to the appropriate 
     committees of Congress a report that includes--
       (A) an identification of infrastructure projects, 
     particularly in the transport, energy, and digital sectors, 
     that the United States is currently supporting or is 
     considering supporting through financing, foreign assistance, 
     technical assistance, or other means;
       (B) for each project identified under subparagraph (A)--
       (i) the sector of the project; and
       (ii) the recipient country of any such United States 
     support;
       (C) a detailed explanation of the United States and partner 
     country interests served by such United States support;
       (D) a detailed accounting of the authorities and programs 
     upon which the United States Government has relied in 
     providing such support; and
       (E) a detailed description of any support provided by 
     United States allies and partners for such projects.
       (2) Form.--Each report required by paragraph (1) shall be 
     submitted in unclassified form but may include a classified 
     annex.
                                 ______
                                 
  SA 5761. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1254. INCREASING DEPARTMENT OF STATE PERSONNEL AND 
                   RESOURCES DEVOTED TO THE INDO-PACIFIC REGION.

       (a) Action Plan.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit an action plan to the appropriate committees of 
     Congress that--

[[Page S5246]]

       (1) identifies requirements to advance United States 
     strategic objectives in the Indo-Pacific region and the 
     personnel and budgetary resources needed to meet such 
     objectives, assuming an unconstrained resource environment;
       (2) includes a plan for increasing the portion of the 
     Department of State's budget that is dedicated to the Indo-
     Pacific region in terms of diplomatic engagement and foreign 
     assistance focused on development, economic, and security 
     assistance;
       (3) includes a summary of the actions that have been taken 
     to increase the number of positions at posts in the Indo-
     Pacific region and bureaus with responsibility for the Indo-
     Pacific region, and an action plan for further increasing 
     such positions during the next 2 fiscal years including--
       (A) a description of increases at each post or bureau;
       (B) a breakdown of increases by cone;
       (C) a description of how such increases in personnel will 
     advance United States strategic objectives in the Indo-
     Pacific region; and
       (D) a description of training opportunities to be provided 
     to such officers to improve their abilities--
       (i) to advance free, fair, and reciprocal trade and open 
     investment environments for United States companies, and 
     engaged in increased commercial diplomacy in key markets;
       (ii) to better articulate and explain United States 
     policies;
       (iii) to strengthen civil society and democratic 
     principles;
       (iv) to enhance reporting on the People's Republic of 
     China's global activities;
       (v) to promote people-to-people exchanges;
       (vi) to advance United States' influence in the Indo-
     Pacific region; and
       (vii) to increase capacity at small- and medium-sized 
     embassies and consulates in the Indo-Pacific region and in 
     other regions around the world, as necessary;
       (4) defines concrete and annual benchmarks that the 
     Department of State will meet in implementing the action 
     plan; and
       (5) describes any barriers to implementing the action plan.
       (b) Updates to Report and Briefing.--Not later than 90 days 
     after the submission of the action plan required under 
     subsection (a), and semiannually thereafter until September 
     30, 2030, the Secretary of State shall submit an updated 
     action plan and brief the appropriate committees of Congress 
     on the implementation of such action plan, with supporting 
     data, including a detailed assessment of benchmarks that have 
     been reached.
       (c) Secretary of State Certification.--Not later than 2 
     years after the date of the enactment of this Act, the 
     Secretary of State shall submit a certification to the 
     appropriate committees of Congress that indicates whether or 
     not the benchmarks described in the action plan required 
     under subsection (a) have been met. This certification 
     requirement may not be delegated to another Department of 
     State official.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated, for fiscal year 2024--
       (1) $2,300,000,000 for bilateral and regional foreign 
     assistance resources to carry out the purposes of part 1 and 
     chapter 4 of part II of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2151 et seq. and 2346 et seq.) in the Indo-Pacific 
     region; and
       (2) $1,000,000,000 for diplomatic engagement resources to 
     the Indo-Pacific region.
                                 ______
                                 
  SA 5762. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. ___. ADDITIONAL AMOUNT FOR FABRICATION OF ONE ADDITIONAL 
                   MEDIUM UNMANNED SURFACE VEHICLE.

       (a) Additional Funding.--The amount authorized to be 
     appropriated for fiscal year 2023 by section 201 for 
     research, development, test, and evaluation is hereby 
     increased by $23,566,000, with the amount of the increase to 
     be available for Medium Unmanned Surface Vehicles (MUSVS) (PE 
     0605512N) to carry out the fabrication of one additional 
     medium unmanned surface vehicle.
       (b) Offset.--
       (1) In general.--The amount authorized to be appropriated 
     for fiscal year 2023 by section 301 for operation and 
     maintenance is hereby decreased by $23,566,000.
       (2) Availability.--Of the amounts available pursuant to the 
     authorization of appropriations in section 301 as specified 
     in the funding tables in section 4301--
       (A) the amount available for Operation and Maintenance, 
     Navy, Base Operating Support, is hereby reduced by 
     $20,000,000; and
       (B) the amount available for Operation and Maintenance, 
     Defense-wide, Office of the Secretary of Defense, is hereby 
     reduced by $3,566,000.
                                 ______
                                 
  SA 5763. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1254. SPECIAL ENVOY TO THE PACIFIC ISLANDS FORUM.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States must increase its diplomatic activity 
     and presence in the Pacific, particularly among Pacific 
     Island nations; and
       (2) the Special Envoy to the Pacific Islands Forum--
       (A) should be used to coordinate policies across the 
     Pacific region with like-minded democracies; and
       (B) should have a direct line to the President and the 
     Secretary of State to communicate regarding the unique and 
     particular needs of Pacific partner nations.
       (b) Special Envoy to the Pacific Islands Forum.--Section 1 
     of the State Department Basic Authorities Act of 1956 (22 
     U.S.C. 2651a) is amended--
       (1) by redesignating subsection (h) (as added by section 
     361(a)(1) of division FF of Public Law 116-260) as subsection 
     (k); and
       (2) by adding at the end the following:
       ``(l) Special Envoy to the Pacific Islands Forum.--
       ``(1) Appointment.--The President shall appoint, by and 
     with the advice and consent of the Senate, either the United 
     States Ambassador to a country that is a member of the 
     Pacific Islands Forum or another qualified individual to 
     serve as Special Envoy to the Pacific Islands Forum (referred 
     to in this section as the `Special Envoy'). If an Ambassador 
     is appointed to serve as the Special Envoy pursuant this 
     paragraph, he or she may not begin such service until after 
     Senate confirmation to such position and shall serve 
     concurrently as an Ambassador and as the Special Envoy 
     without receiving additional compensation.
       ``(2) Duties.--The Special Envoy shall--
       ``(A) represent the United States in its role as dialogue 
     partner to the Pacific Islands Forum; and
       ``(B) carry out such other duties as the President or the 
     Secretary of State may prescribe.''.
                                 ______
                                 
  SA 5764. Mr. COONS (for himself and Mr. Portman) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1276. ENDING GLOBAL WILDLIFE POACHING AND TRAFFICKING.

       (a) Short Title.--This section may be cited as the 
     ``Eliminate, Neutralize, and Disrupt Wildlife Trafficking 
     Reauthorization and Improvements Act of 2022''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States Government should continue to work 
     with international partners, including nations, 
     nongovernmental organizations, and the private sector, to 
     identify long-standing and emerging areas of concern in 
     wildlife poaching and trafficking related to global supply 
     and demand; and
       (2) the activities and required reporting of the 
     Presidential Task Force on Wildlife Trafficking, established 
     by Executive Order 13648 (78 Fed. Reg. 40621), and modified 
     by sections 201 and 301 of the Eliminate, Neutralize, and 
     Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7621 and 
     7631) should be reauthorized to minimize the disruption of 
     the work of such Task Force.
       (c) Definitions.--Section 2 of the Eliminate, Neutralize, 
     and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7601) 
     is amended--
       (1) in paragraph (3), by inserting ``involving local 
     communities'' after ``approach to conservation'';
       (2) by amending paragraph (4) to read as follows:
       ``(4) Country of concern.--The term `country of concern' 
     means a foreign country specially designated by the Secretary 
     of State pursuant to section 201(b) as a major source of 
     wildlife trafficking products or their derivatives, a major 
     transit point of wildlife trafficking products or their 
     derivatives, or a major consumer of wildlife trafficking 
     products, in which--
       ``(A) the government has actively engaged in, or knowingly 
     profited from, the trafficking of protected species; or
       ``(B) the government facilitates such trafficking through 
     conduct that may include a

[[Page S5247]]

     persistent failure to make serious and sustained efforts to 
     prevent and prosecute such trafficking.''; and
       (3) in paragraph (11), by striking ``section 201'' and 
     inserting ``section 301''.
       (d) Framework for Interagency Response and Reporting.--
       (1) Reauthorization of report on major wildlife trafficking 
     countries.--Section 201 of the Eliminate, Neutralize, and 
     Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7621) is 
     amended--
       (A) in subsection (a), by striking ``annually thereafter'' 
     and inserting ``biennially thereafter by June 1 of each year 
     in which a report is required''; and
       (B) by striking subsection (c) and inserting the following:
       ``(c) Designation.--A country may be designated as a 
     country of concern under subsection (b) regardless of such 
     country's status as a focus country.
       ``(d) Procedure for Removing Countries From List.--In the 
     first report required under this section submitted after the 
     date of the enactment of the Eliminate, Neutralize, and 
     Disrupt Wildlife Trafficking Reauthorization and Improvements 
     Act of 2022, the Secretary of State, in consultation with the 
     Secretary of the Interior and the Secretary of Commerce, 
     shall publish, in the Federal Register, a procedure for 
     removing from the list in the biennial report any country of 
     concern that no longer meets the definition of country of 
     concern under section 2(4).
       ``(e) Sunset.--This section shall cease to have force or 
     effect on September 30, 2028.''.
       (2) Presidential task force on wildlife trafficking 
     responsibilities.--Section 301(a) of the Eliminate, 
     Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 
     U.S.C. 7631(a)) is amended--
       (A) in paragraph (4), by striking ``and'' at the end;
       (B) by redesignating paragraph (5) as paragraph (9); and
       (C) by inserting after paragraph (4) the following:
       ``(5) pursue programs and develop a strategy--
       ``(A) to expand the role of technology for anti-poaching 
     and anti-trafficking efforts, in partnership with the private 
     sector, foreign governments, academia, and nongovernmental 
     organizations (including technology companies and the 
     transportation and logistics sectors); and
       ``(B) to enable local governments to develop and use such 
     technologies;
       ``(6) consider programs and initiatives that address the 
     expansion of the illegal wildlife trade to digital platforms, 
     including the use of digital currency and payment platforms 
     for transactions by collaborating with the private sector, 
     academia, and nongovernmental organizations, including social 
     media, e-commerce, and search engine companies, as 
     appropriate;
       ``(7)(A) implement interventions to address the drivers of 
     poaching, trafficking, and demand for illegal wildlife and 
     wildlife products in focus countries and countries of 
     concern;
       ``(B) set benchmarks for measuring the effectiveness of 
     such interventions; and
       ``(C) consider alignment and coordination with indicators 
     developed by the Task Force;
       ``(8) consider additional opportunities to increase 
     coordination between law enforcement and financial 
     institutions to identify trafficking activity; and''.
       (3) Presidential task force on wildlife trafficking 
     strategic review.--Section 301 of the Eliminate, Neutralize, 
     and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 
     7631), as amended by paragraph (2), is further amended--
       (A) in subsection (d)--
       (i) in the matter preceding paragraph (1), by striking 
     ``annually'' and inserting ``biennially'';
       (ii) in paragraph (4), by striking ``and'' at the end;
       (iii) in paragraph (5), by striking the period at the end 
     and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(6) an analysis of the indicators developed by the Task 
     Force, and recommended by the Government Accountability 
     Office, to track and measure inputs, outputs, law enforcement 
     outcomes, and the market for wildlife products for each focus 
     country listed in the report, including baseline measures, as 
     appropriate, for each indicator in each focus country to 
     determine the effectiveness and appropriateness of such 
     indicators to assess progress and whether additional or 
     separate indicators, or adjustments to indicators, may be 
     necessary for focus countries.''; and
       (B) in subsection (e), by striking ``5 years after'' and 
     all that follows and inserting ``on September 30, 2028''.
                                 ______
                                 
  SA 5765. Mr. BRAUN submitted an amendment intended to be proposed to 
amendment SA 5745 proposed by Mr. Schumer to the bill H.R. 6833, to 
amend title XXVII of the Public Health Service Act, the Internal 
Revenue Code of 1986, and the Employee Retirement Income Security Act 
of 1974 to establish requirements with respect to cost-sharing for 
certain insulin products, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end, add the following:

       DIVISION H--CONSTITUTIONAL CONVENTION OF THE UNITED STATES

     SEC. 101. DEFINITION.

       In this division:
       (1) Archivist.--The term ``Archivist'' means the Archivist 
     of the United States.
       (2) Article v convention.--The term ``Article V 
     Convention'' means a convention as described in Article V of 
     the Constitution of the United States that is called by 
     Congress and organized by the Archivist on the application of 
     the legislatures of \2/3\ of the several States for proposing 
     amendments that shall be valid to all intents and purposes as 
     part of the Constitution of the United States when ratified 
     by the legislatures of \3/4\ of the several States, or by 
     conventions in \3/4\ thereof, as one or the other mode of 
     ratification may be proposed by Congress.

     SEC. 102. FINDINGS.

       Congress finds the following:
       (1) Article V of the Constitution of the United States 
     requires that ``The Congress . . . on the Application of the 
     Legislatures of two thirds of the several States, shall call 
     a Convention for proposing Amendments'' to the Constitution 
     of the United States.
       (2) Since the first application approved by a State for an 
     Article V Convention in 1788, 42 States in total have 
     submitted applications.
       (3) The Constitution of the United States states that an 
     Article V Convention shall be called upon the active 
     application of \2/3\ of the States. Such application occurs 
     when a State, through its legislature, approves a petition 
     for an Article V Convention. The threshold of applications 
     from \2/3\ of the States to require an Article V Convention 
     has been met several times, as--
       (A) in 1979, there were 39 active applications;
       (B) in 1983, there were 40 active applications; and
       (C) not less than 34 States have filed active applications 
     as recently as 2021.
       (4) Alexander Hamilton in The Federalist No. 85 stated that 
     ``The Congress `shall call a convention'. Nothing in this 
     particular is left to the discretion of that body''.
       (5) Beginning in 1979, the Federal Government failed in its 
     constitutional duty to count applications and organize an 
     Article V Convention. Since that time, the debt of the United 
     States has increased to more than $30,000,000,000,000 from 
     $830,000,000,000.
       (6) The unanimous opinion of the United States Supreme 
     Court in Chiafalo v. Washington, 140 S. Ct. 2316, 2328 (2020) 
     stated, ``electors . . . have no ground for reversing the 
     vote of millions of its citizens. That direction accords with 
     the Constitution--as well as with the trust of the Nation 
     that here, We the People rule.''.

     SEC. __3. DUTIES OF ARCHIVIST RELATING TO STATE APPLICATIONS 
                   FOR CALLING FOR CONVENTIONS OF STATES FOR 
                   PROPOSING CONSTITUTIONAL AMENDMENTS.

       (a) Duties Described.--Chapter 2 of title 1, United States 
     Code, is amended by inserting after section 106b the 
     following:

     ``Sec. 106c. Duties relating to State applications calling 
       for Article V Conventions

       ``(a) Definitions.--In this section:
       ``(1) Archivist.--The term `Archivist' means the Archivist 
     of the United States.
       ``(2) Article v convention.--The term `Article V 
     Convention' means a convention as described in Article V of 
     the Constitution of the United States that is called by 
     Congress and organized by the Archivist on the application of 
     the legislatures of \2/3\ of the several States for proposing 
     amendments that shall be valid to all intents and purposes as 
     part of the Constitution of the United States when ratified 
     by the legislatures of \3/4\ of the several States, or by 
     conventions in \3/4\ thereof, as one or the other mode of 
     ratification may be proposed by Congress.
       ``(b) Certification and Notification.--
       ``(1) In general.--Not later than 30 days after receiving 
     an application of a State calling for an Article V 
     Convention, the Archivist shall authenticate, count, and 
     publish, on a publicly available website, such applications, 
     together with any resolution of any State to rescind any such 
     previous application submitted by that State.
       ``(2) Existing applications.--Not later than 180 days after 
     the date of enactment of this section, the Archivist shall 
     authenticate, count, and publish all applications of a State 
     calling for an Article V Convention received before the date 
     of enactment of this section.
       ``(c) Certification and Notification Requirements.--Upon 
     receipt and authentication by the Archivist under subsection 
     (b) of applications calling for an Article V Convention of 
     the legislatures of \2/3\ of the several States which have 
     not been rescinded, the Archivist shall publish in the 
     Federal Register a certification that \2/3\ of the several 
     States have called for the Article V Convention, together 
     with a list of the States submitting applications calling for 
     the Article V Convention.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     2 of title 1, United States Code, is amended by inserting 
     after the item relating to section 106b the following:

``106c. Duties relating to State applications calling for Article V 
              Conventions.''.
                                 ______
                                 
  SA 5766. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for

[[Page S5248]]

fiscal year 2023 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:
        At the end, add the following:

                       DIVISION E--PRAY SAFE ACT

     SEC. 5001. SHORT TITLE.

       This Act may be cited as the ``Pray Safe Act''.

     SEC. 5002. DEFINITIONS.

       In this division--
       (1) the term ``Clearinghouse'' means the Federal 
     Clearinghouse on Safety Best Practices for Faith-Based 
     Organizations and Houses of Worship established under section 
     2220A of the Homeland Security Act of 2002, as added by 
     section 5003 of this division;
       (2) the term ``Department'' means the Department of 
     Homeland Security;
       (3) the terms ``faith-based organization'' and ``house of 
     worship'' have the meanings given such terms under section 
     2220E of the Homeland Security Act of 2002, as added by 
     section 5003 of this division; and
       (4) the term ``Secretary'' means the Secretary of Homeland 
     Security.

     SEC. 5003. FEDERAL CLEARINGHOUSE ON SAFETY AND SECURITY BEST 
                   PRACTICES FOR FAITH-BASED ORGANIZATIONS AND 
                   HOUSES OF WORSHIP.

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

     ``SEC. 2220E. FEDERAL CLEARINGHOUSE ON SAFETY AND SECURITY 
                   BEST PRACTICES FOR FAITH-BASED ORGANIZATIONS 
                   AND HOUSES OF WORSHIP.

       ``(a) Definitions.--In this section--
       ``(1) the term `Clearinghouse' means the Clearinghouse on 
     Safety and Security Best Practices for Faith-Based 
     Organizations and Houses of Worship established under 
     subsection (b)(1);
       ``(2) the term `faith-based organization' means a group, 
     center, or nongovernmental organization with a religious, 
     ideological, or spiritual motivation, character, affiliation, 
     or purpose;
       ``(3) the term `house of worship' means a place or 
     building, including synagogues, mosques, temples, and 
     churches, in which congregants practice their religious or 
     spiritual beliefs; and
       ``(4) the term `safety and security', for the purpose of 
     the Clearinghouse, means prevention of, protection against, 
     or recovery from threats, including manmade disasters, 
     natural disasters, or violent attacks.
       ``(b) Establishment.--
       ``(1) In general.--Not later than 270 days after the date 
     of enactment of the Pray Safe Act, the Secretary, in 
     consultation with the Attorney General, the Executive 
     Director of the White House Office of Faith-Based and 
     Neighborhood Partnerships, and the head of any other agency 
     that the Secretary determines appropriate, shall establish a 
     Federal Clearinghouse on Safety and Security Best Practices 
     for Faith-Based Organizations and Houses of Worship within 
     the Department.
       ``(2) Purpose.--The Clearinghouse shall be the primary 
     resource of the Federal Government--
       ``(A) to educate and publish online best practices and 
     recommendations for safety and security for faith-based 
     organizations and houses of worship; and
       ``(B) to provide information relating to Federal grant 
     programs available to faith-based organizations and houses of 
     worship.
       ``(3) Personnel.--
       ``(A) Assignments.--The Clearinghouse shall be assigned 
     such personnel and resources as the Secretary considers 
     appropriate to carry out this section.
       ``(B) Detailees.--The Secretary may coordinate detailees as 
     required for the Clearinghouse.
       ``(C) Designated point of contact.--There shall be not less 
     than 1 employee assigned or detailed to the Clearinghouse who 
     shall be the designated point of contact to provide 
     information and assistance to faith-based organizations and 
     houses of worship, including assistance relating to the grant 
     program established under section 5005 of the Pray Safe Act. 
     The contact information of the designated point of contact 
     shall be made available on the website of the Clearinghouse.
       ``(D) Qualification.--To the maximum extent possible, any 
     personnel assigned or detailed to the Clearinghouse under 
     this paragraph should be familiar with faith-based 
     organizations and houses of worship and with physical and 
     online security measures to identify and prevent safety and 
     security risks.
       ``(c) Clearinghouse Contents.--
       ``(1) Evidence-based tiers.--
       ``(A) In general.--The Secretary, in consultation with the 
     Attorney General, the Executive Director of the White House 
     Office of Faith-Based and Neighborhood Partnerships, and the 
     head of any other agency that the Secretary determines 
     appropriate, shall develop tiers for determining evidence-
     based practices that demonstrate a significant effect on 
     improving safety or security, or both, for faith-based 
     organizations and houses of worship.
       ``(B) Requirements.--The tiers required to be developed 
     under subparagraph (A) shall--
       ``(i) prioritize--

       ``(I) strong evidence from not less than 1 well-designed 
     and well-implemented experimental study; and
       ``(II) moderate evidence from not less than 1 well-designed 
     and well-implemented quasi-experimental study; and

       ``(ii) consider promising evidence that demonstrates a 
     rationale based on high-quality research findings or positive 
     evaluations that such activity, strategy, or intervention is 
     likely to improve security and promote safety for faith-based 
     organizations and houses of worship.
       ``(2) Criteria for best practices and recommendations.--The 
     best practices and recommendations of the Clearinghouse 
     shall, at a minimum--
       ``(A) identify areas of concern for faith-based 
     organizations and houses of worship, including event planning 
     recommendations, checklists, facility hardening, tabletop 
     exercise resources, and other resilience measures;
       ``(B) involve comprehensive safety measures, including 
     threat prevention, preparedness, protection, mitigation, 
     incident response, and recovery to improve the safety posture 
     of faith-based organizations and houses of worship upon 
     implementation;
       ``(C) involve comprehensive safety measures, including 
     preparedness, protection, mitigation, incident response, and 
     recovery to improve the resiliency of faith-based 
     organizations and houses of worship from manmade and natural 
     disasters;
       ``(D) include any evidence or research rationale supporting 
     the determination of the Clearinghouse that the best 
     practices or recommendations under subparagraph (B) have been 
     shown to have a significant effect on improving the safety 
     and security of individuals in faith-based organizations and 
     houses of worship, including--
       ``(i) findings and data from previous Federal, State, 
     local, Tribal, territorial, private sector, and 
     nongovernmental organization research centers relating to 
     safety, security, and targeted violence at faith-based 
     organizations and houses of worship; and
       ``(ii) other supportive evidence or findings relied upon by 
     the Clearinghouse in determining best practices and 
     recommendations to improve the safety and security posture of 
     a faith-based organization or house of worship upon 
     implementation; and
       ``(E) include an overview of the available resources the 
     Clearinghouse can provide for faith-based organizations and 
     houses of worship.
       ``(3) Additional information.--The Clearinghouse shall 
     maintain and make available a comprehensive index of all 
     Federal grant programs for which faith-based organizations 
     and houses of worship are eligible, which shall include the 
     performance metrics for each grant management that the 
     recipient will be required to provide.
       ``(4) Past recommendations.--To the greatest extent 
     practicable, the Clearinghouse shall identify and present, as 
     appropriate, best practices and recommendations issued by 
     Federal, State, local, Tribal, territorial, private sector, 
     and nongovernmental organizations relevant to the safety and 
     security of faith-based organizations and houses of worship.
       ``(d) Assistance and Training.--The Secretary may produce 
     and publish materials on the Clearinghouse to assist and 
     train faith-based organizations, houses of worship, and law 
     enforcement agencies on the implementation of the best 
     practices and recommendations.
       ``(e) Continuous Improvement.--
       ``(1) In general.--The Secretary shall--
       ``(A) collect for the purpose of continuous improvement of 
     the Clearinghouse--
       ``(i) Clearinghouse data analytics;
       ``(ii) user feedback on the implementation of resources, 
     best practices, and recommendations identified by the 
     Clearinghouse; and
       ``(iii) any evaluations conducted on implementation of the 
     best practices and recommendations of the Clearinghouse; and
       ``(B) in coordination with the Faith-Based Security 
     Advisory Council of the Department, the Department of 
     Justice, the Executive Director of the White House Office of 
     Faith-Based and Neighborhood Partnerships, and any other 
     agency that the Secretary determines appropriate--
       ``(i) assess and identify Clearinghouse best practices and 
     recommendations for which there are no resources available 
     through Federal Government programs for implementation;
       ``(ii) provide feedback on the implementation of best 
     practices and recommendations of the Clearinghouse; and
       ``(iii) propose additional recommendations for best 
     practices for inclusion in the Clearinghouse; and
       ``(C) not less frequently than annually, examine and update 
     the Clearinghouse in accordance with--
       ``(i) the information collected under subparagraph (A); and
       ``(ii) the recommendations proposed under subparagraph 
     (B)(iii).
       ``(2) Annual report to congress.--The Secretary shall 
     submit to Congress, on an annual basis, a report on the 
     updates made to the Clearinghouse during the preceding 1-year 
     period under paragraph (1)(C), which shall include a 
     description of any changes made to the Clearinghouse.''.
       (b) Technical 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--
       (1) by moving the item relating to section 2220D to appear 
     after the item relating to section 2220C; and

[[Page S5249]]

       (2) by inserting after the item relating to section 2220D 
     the following:

``Sec. 2220E. Federal Clearinghouse on Safety Best Practices for Faith-
              Based Organizations and Houses of Worship.''.

     SEC. 5004. NOTIFICATION OF CLEARINGHOUSE.

       The Secretary shall provide written notification of the 
     establishment of the Clearinghouse, with an overview of the 
     resources required as described in section 2220E of the 
     Homeland Security Act of 2002, as added by section 5003 of 
     this division, and section 5005 of this division, to--
       (1) every State homeland security advisor;
       (2) every State department of homeland security;
       (3) other Federal agencies with grant programs or 
     initiatives that aid in the safety and security of faith-
     based organizations and houses of worship, as determined 
     appropriate by the Secretary;
       (4) every Federal Bureau of Investigation Joint Terrorism 
     Task Force;
       (5) every Homeland Security Fusion Center;
       (6) every State or territorial Governor or other chief 
     executive;
       (7) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on the Judiciary of the Senate; and
       (8) the Committee on Homeland Security and the Committee on 
     the Judiciary of the House of Representatives.

     SEC. 5005. GRANT PROGRAM OVERVIEW.

       (a) DHS Grants and Resources.--The Secretary shall include 
     a grants program overview on the website of the Clearinghouse 
     that shall--
       (1) be the primary location for all information regarding 
     Department grant programs that are open to faith-based 
     organizations and houses of worship;
       (2) directly link to each grant application and any 
     applicable user guides;
       (3) identify all safety and security homeland security 
     assistance programs managed by the Department that may be 
     used to implement best practices and recommendation of the 
     Clearinghouse;
       (4) annually, and concurrent with the application period 
     for any grant identified under paragraph (1), provide 
     information related to the required elements of grant 
     applications to aid smaller faith based organizations and 
     houses of worship in earning access to Federal grants; and
       (5) provide frequently asked questions and answers for the 
     implementation of best practices and recommendations of the 
     Clearinghouse and best practices for applying for a grant 
     identified under paragraph (1).
       (b) Other Federal Grants and Resources.--Each Federal 
     agency notified under section 5004(3) shall provide necessary 
     information on any Federal grant programs or resources of the 
     Federal agency that are available for faith-based 
     organizations and houses of worship to the Secretary or the 
     appropriate point of contact for the Clearinghouse.
       (c) State Grants and Resources.--
       (1) In general.--Any State notified under paragraph (1), 
     (2), or (6) of section 5004 may provide necessary information 
     on any grant programs or resources of the State available for 
     faith-based organizations and houses of worship to the 
     Secretary or the appropriate point of contact for the 
     Clearinghouse.
       (2) Identification of resources.--The Clearinghouse shall, 
     to the extent practicable, identify, for each State--
       (A) each agency responsible for safety for faith-based 
     organizations and houses of worship in the State, or any 
     State that does not have such an agency designated;
       (B) any grant program that may be used for the purposes of 
     implementing best practices and recommendations of the 
     Clearinghouse; and
       (C) any resources or programs, including community 
     prevention or intervention efforts, that may be used to 
     assist in targeted violence and terrorism prevention.

     SEC. 5006. OTHER RESOURCES.

       The Secretary shall, on the website of the Clearinghouse, 
     include a separate section for other resources that shall 
     provide a centralized list of all available points of contact 
     to seek assistance in grant applications and in carrying out 
     the best practices and recommendations of the Clearinghouse, 
     including--
       (1) a list of contact information to reach Department 
     personnel to assist with grant-related questions;
       (2) the applicable Cybersecurity and Infrastructure 
     Security Agency contact information to connect houses of 
     worship with Protective Security Advisors;
       (3) contact information for all Department Fusion Centers, 
     listed by State;
       (4) information on the If you See Something Say Something 
     Campaign of the Department; and
       (5) any other appropriate contacts.

     SEC. 5007. RULE OF CONSTRUCTION.

       Nothing in this division or the amendments made by this 
     division shall be construed to create, satisfy, or waive any 
     requirement under Federal civil rights laws, including--
       (1) title II of the Americans With Disabilities Act of 1990 
     (42 U.S.C. 12131 et seq.); or
       (2) title VI of the Civil Rights Act of 1964 (42 U.S.C. 
     2000d et seq.).

     SEC. 5008. EXEMPTION.

       Chapter 35 of title 44, United States Code (commonly known 
     as the ``Paperwork Reduction Act'') shall not apply to any 
     rulemaking or information collection required under this 
     division or under section 2220E of the Homeland Security Act 
     of 2002, as added by section 5003 of this division.

     SEC. 5009. ADDITIONAL TECHNICAL AMENDMENT.

       (a) Amendment.--Section 904(b)(1) of the DOTGOV Act of 2020 
     (title IX of division U of Public Law 116-260) is amended, in 
     the matter preceding subparagraph (A), by striking ``Homeland 
     Security Act'' and inserting ``Homeland Security Act of 
     2002''.
       (b) Effective Date.--The amendment made by paragraph (1) 
     shall take effect as if enacted as part of the DOTGOV Act of 
     2020 (title IX of division U of Public Law 116-260).
                                 ______
                                 
  SA 5767. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title XII, add the following:

   Subtitle G--United Nations Relief and Works Agency for Palestine 
                       Refugees in the Near East

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``UNRWA Accountability 
     and Transparency Act''.

     SEC. 1282. STATEMENT OF POLICY.

       (a) Palestinian Refugee Defined.--It shall be the policy of 
     the United States, in matters concerning the United Nations 
     Relief and Works Agency for Palestine Refugees in the Near 
     East (referred to in this Act as ``UNRWA''), which operates 
     in Syria, Lebanon, Jordan, the Gaza Strip, and the West Bank, 
     to define a Palestinian refugee as a person who--
       (1) resided, between June 1946 and May 1948, in the region 
     controlled by Britain between 1922 and 1948 that was known as 
     Mandatory Palestine;
       (2) was personally displaced as a result of the 1948 Arab-
     Israeli conflict; and
       (3) has not accepted an offer of legal residency status, 
     citizenship, or other permanent adjustment in status in 
     another country or territory.
       (b) Limitations on Refugee and Derivative Refugee Status.--
     In applying the definition under subsection (a) with respect 
     to refugees receiving assistance from UNRWA, it shall be the 
     policy of the United States, consistent with the definition 
     of refugee in section 101(a)(42) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(42)) and the requirements 
     for eligibility for refugee status under section 207 of such 
     Act (8 U.S.C. 1157), that--
       (1) derivative refugee status may only be extended to the 
     spouse or a minor child of a Palestinian refugee; and
       (2) an alien who is firmly resettled in any country is not 
     eligible to retain refugee status.

     SEC. 1283. UNITED STATES CONTRIBUTIONS TO UNRWA.

       Section 301(c) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2221) is amended to read as follows:
       ``(c) Withholding.--
       ``(1) Definitions.--In this subsection:
       ``(A) Anti-semitic.--The term `anti-Semitic'--
       ``(i) has the meaning adopted on May 26, 2016, by the 
     International Holocaust Remembrance Alliance as the non-
     legally binding working definition of anti-Semitism; and
       ``(ii) includes the contemporary examples of anti-Semitism 
     in public life, the media, schools, the workplace, and in the 
     religious sphere identified on such date by the International 
     Holocaust Remembrance Alliance.
       ``(B) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(i) the Committee on Foreign Relations of the Senate;
       ``(ii) the Committee on Appropriations of the Senate;
       ``(iii) the Committee on Foreign Affairs of the House of 
     Representatives; and
       ``(iv) the Committee on Appropriations of the House of 
     Representatives.
       ``(C) Boycott of, divestment from, and sanctions against 
     israel.--The term `boycott of, divestment from, and sanctions 
     against Israel' has the meaning given to such term in section 
     909(f)(1) of the Trade Facilitation and Trade Enforcement Act 
     of 2015 (19 U.S.C. 4452(f)(1)).
       ``(D) Foreign terrorist organization.--The term `foreign 
     terrorist organization' means an organization designated as a 
     foreign terrorist organization by the Secretary of State in 
     accordance with section 219(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1189(a)).
       ``(E) UNRWA.--The term `UNRWA' means the United Nations 
     Relief and Works Agency for Palestine Refugees in the Near 
     East.
       ``(2) Certification.--Notwithstanding any other provision 
     of law, the United States may not provide contributions to 
     UNRWA, to any successor or related entity, or to the regular 
     budget of the United Nations for the support of UNRWA or a 
     successor entity (through staff positions provided by the 
     United Nations Secretariat or otherwise) unless the Secretary 
     of State submits a written

[[Page S5250]]

     certification to the appropriate congressional committees 
     that--
       ``(A) no official, employee, consultant, contractor, 
     subcontractor, representative, affiliate of UNRWA, an UNRWA 
     partner organization, or an UNRWA contracting entity pursuant 
     to completion of a thorough vetting and background check 
     process--
       ``(i) is a member of, is affiliated with, or has any ties 
     to a foreign terrorist organization, including Hamas and 
     Hezbollah;
       ``(ii) has advocated, planned, sponsored, or engaged in any 
     terrorist activity;
       ``(iii) has propagated or disseminated anti-American, anti-
     Israel, or anti-Semitic rhetoric, incitement, or propaganda, 
     including--

       ``(I) calling for or encouraging the destruction of Israel;
       ``(II) failing to recognize Israel's right to exist;
       ``(III) showing maps without Israel;
       ``(IV) describing Israelis as `occupiers' or `settlers';
       ``(V) advocating, endorsing, or expressing support for 
     violence, hatred, jihad, martyrdom, or terrorism, glorifying, 
     honoring, or otherwise memorializing any person or group that 
     has advocated, sponsored, or committed acts of terrorism, or 
     providing material support to terrorists or their families;
       ``(VI) expressing support for boycott of, divestment from, 
     and sanctions against Israel (commonly referred to as `BDS');
       ``(VII) claiming or advocating for a `right of return' of 
     refugees into Israel;
       ``(VIII) ignoring, denying, or not recognizing the historic 
     connection of the Jewish people to the land of Israel; and
       ``(IX) calling for violence against Americans; or

       ``(iv) has used any UNRWA resources, including 
     publications, websites, or social media platforms, to 
     propagate or disseminate anti-American, anti-Israel, or anti-
     Semitic rhetoric, incitement, or propaganda, including with 
     respect to any of the matters described in subclauses (I) 
     through (IX) of clause (iii);
       ``(B) no UNRWA school, hospital, clinic, facility, or other 
     infrastructure or resource is being used by a foreign 
     terrorist organization or any member thereof--
       ``(i) for terrorist activities, such as operations, 
     planning, training, recruitment, fundraising, indoctrination, 
     communications, sanctuary, storage of weapons or other 
     materials; or
       ``(ii) as an access point to any underground tunnel 
     network, or any other terrorist-related purposes;
       ``(C) UNRWA is subject to comprehensive financial audits by 
     an internationally recognized third party independent 
     auditing firm that--
       ``(i) is agreed upon by the Government of Israel and the 
     Palestinian Authority; and
       ``(ii) has implemented an effective system of vetting and 
     oversight to prevent the use, receipt, or diversion of any 
     UNRWA resources by any foreign terrorist organization or 
     members thereof;
       ``(D) no UNRWA controlled or funded facility, such as a 
     school, an educational institution, or a summer camp, uses 
     textbooks or other educational materials that propagate or 
     disseminate anti-American, anti-Israel, or anti-Semitic 
     rhetoric, incitement, or propaganda, including with respect 
     to any of the matters described in subclauses (I) through 
     (IX) of subparagraph (A)(iii);
       ``(E) no recipient of UNRWA funds or loans is--
       ``(i) a member of, is affiliated with, or has any ties to a 
     foreign terrorist organization; or
       ``(ii) otherwise engaged in terrorist activities; and
       ``(F) UNRWA holds no accounts or other affiliations with 
     financial institutions that the United States considers or 
     believes to be complicit in money laundering and terror 
     financing.
       ``(3) Period of effectiveness.--
       ``(A) In general.--A certification described in paragraph 
     (2) shall be effective until the earlier of--
       ``(i) the date on which the Secretary receives information 
     rendering the certification described in paragraph (2) 
     factually inaccurate; or
       ``(ii) the date that is 180 days after the date on which it 
     is submitted to the appropriate congressional committees.
       ``(B) Notification of renunciation.--If a certification 
     becomes ineffective pursuant to subparagraph (A), the 
     Secretary shall promptly notify the appropriate congressional 
     committees of the reasons for renouncing or failing to renew 
     such certification.
       ``(4) Limitation.--During any year in which a certification 
     described in paragraph (1) is in effect, the United States 
     may not contribute to UNRWA, or to any successor entity, an 
     amount that--
       ``(A) is greater than the highest contribution to UNRWA 
     made by a member country of the League of Arab States for 
     such year; and
       ``(B) is greater (as a proportion of the total UNRWA 
     budget) than the proportion of the total budget for the 
     United Nations High Commissioner for Refugees paid by the 
     United States.''.

     SEC. 1284. REPORT.

       (a) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Appropriations of the Senate;
       (3) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (4) the Committee on Appropriations of the House of 
     Representatives.
       (b) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of State shall submit a report to the appropriate 
     congressional committees describing the actions being taken 
     to implement a comprehensive plan for--
       (1) encouraging other countries to adopt the policy 
     regarding Palestinian refugees that is described in section 
     1282;
       (2) urging other countries to withhold their contributions 
     to UNRWA, to any successor or related entity, or to the 
     regular budget of the United Nations for the support of UNRWA 
     or a successor entity (through staff positions provided by 
     the United Nations Secretariat or otherwise) until UNRWA has 
     met the conditions listed in subparagraphs (A) through (F) of 
     section 301(c)(2) of the Foreign Assistance Act of 1961, as 
     added by section 1283;
       (3) working with other countries to phase out UNRWA and 
     assist Palestinians receiving UNRWA services by--
       (A) integrating such Palestinians into their local 
     communities in the countries in which they are residing; or
       (B) resettling such Palestinians in countries other than 
     Israel or territories controlled by Israel in the West Bank 
     in accordance with international humanitarian principles; and
       (4) ensuring that the actions described in paragraph (3)--
       (A) are being implemented in complete coordination with, 
     and with the support of, Israel; and
       (B) do not endanger the security of Israel in any way.
                                 ______
                                 
  SA 5768. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1214. LIMITATION ON FUNDING FOR PEACEKEEPING TRAINING OF 
                   FOREIGN MILITARY FORCES.

       Section 552 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2348a) is amended by adding at the end the following:
       ``(e) None of the funds appropriated or otherwise made 
     available to carry out this chapter, including funding for 
     the Global Peace Operations Initiative of the Department of 
     State, may be used to train or support foreign military 
     forces in peacekeeping training exercises administered by the 
     Government of the People's Republic of China or by the 
     People's Liberation Army unless, by not later than the first 
     day of the fiscal year in which such training or support is 
     scheduled to occur, the Secretary of State certifies to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     that such training or support is important to the national 
     security interests of the United States.''.
                                 ______
                                 
  SA 5769. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1254. DEPARTMENT OF STATE REPORT ON THE PEOPLE'S 
                   REPUBLIC OF CHINA'S UNITED NATIONS PEACEKEEPING 
                   EFFORTS.

       (a) Annual Report.--Not later than January 31 of each year 
     through January 31, 2027, the Secretary of State shall submit 
     to the appropriate congressional committees a report on the 
     People's Republic of China United Nations peacekeeping 
     efforts.
       (b) Elements.--The report required under subsection (a) 
     shall include an assessment of the People's Republic of China 
     contributions to United Nations peacekeeping missions, 
     including--
       (1) a detailed list of the placement of People's Republic 
     of China peacekeeping troops;
       (2) an estimate of the amount of money that the People's 
     Republic of China receives from the United Nations for its 
     peacekeeping contributions;
       (3) an estimate of the portion of the money the People's 
     Republic of China receives for its peacekeeping operations 
     and troops that

[[Page S5251]]

     comes from United States contributions to United Nations 
     peacekeeping efforts;
       (4) an analysis comparing the locations of People's 
     Republic of China peacekeeping troops and the locations of 
     ``One Belt, One Road'' projects; and
       (5) an assessment of the number of Chinese United Nations 
     peacekeepers who are part of the People's Liberation Army or 
     People's Armed Police, including which rank, divisions, 
     branches, and theater commands.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations of the Senate; and
       (2) the Committee on Foreign Affairs of the House of 
     Representatives.
        At the end of subtitle D of title XII, add the following:

     SEC. 1254. DEPARTMENT OF STATE REPORT ON THE PEOPLE'S 
                   REPUBLIC OF CHINA'S UNITED NATIONS PEACEKEEPING 
                   EFFORTS.

       (a) Annual Report.--Not later than January 31 of each year 
     through January 31, 2027, the Secretary of State shall submit 
     to the appropriate congressional committees a report on the 
     People's Republic of China United Nations peacekeeping 
     efforts.
       (b) Elements.--The report required under subsection (a) 
     shall include an assessment of the People's Republic of China 
     contributions to United Nations peacekeeping missions, 
     including--
       (1) a detailed list of the placement of People's Republic 
     of China peacekeeping troops;
       (2) an estimate of the amount of money that the People's 
     Republic of China receives from the United Nations for its 
     peacekeeping contributions;
       (3) an estimate of the portion of the money the People's 
     Republic of China receives for its peacekeeping operations 
     and troops that comes from United States contributions to 
     United Nations peacekeeping efforts;
       (4) an analysis comparing the locations of People's 
     Republic of China peacekeeping troops and the locations of 
     ``One Belt, One Road'' projects; and
       (5) an assessment of the number of Chinese United Nations 
     peacekeepers who are part of the People's Liberation Army or 
     People's Armed Police, including which rank, divisions, 
     branches, and theater commands.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations of the Senate; and
       (2) the Committee on Foreign Affairs of the House of 
     Representatives.
                                 ______
                                 
  SA 5770. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1214. UNITED STATES MULTILATERAL AID REVIEW.

       (a) Short Title.--This section may be cited as the 
     ``Multilateral Aid Review Act of 2022''.
       (b) Purpose.--The purpose of this section is to establish a 
     United States Multilateral Aid Review (referred to in this 
     section as the ``Review'') to publicly assess the value of 
     United States Government investments in multilateral 
     entities.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Appropriations of the Senate;
       (3) the Committee on Foreign Affairs of the House of 
     Representatives;
       (4) the Committee on Financial Services of the House of 
     Representatives; and
       (5) the Committee on Appropriations of the House of 
     Representatives.
       (d) Objectives.--The objectives of the Review are--
       (1) to provide a tool to guide the United States 
     Government's decision making and prioritization with regard 
     to funding multilateral entities;
       (2) to provide a methodological basis for allocating 
     budgetary resources to entities that advance relevant United 
     States foreign policy objectives;
       (3) to incentivize improvements in the performance of 
     multilateral entities to achieve better outcomes, including 
     in developing, fragile, and crisis-afflicted regions; and
       (4) to protect United States taxpayer investments in 
     foreign assistance by promoting transparency with regard to 
     the funding of multilateral entities.
       (e) Scope.--The Review shall assess, at a minimum, the 
     following multilateral entities to which the United States 
     Government contributes voluntary or assessed funding, whether 
     cash or in-kind:
       (1) The World Bank Group, including the International Bank 
     for Reconstruction and Development, the International 
     Development Association, and the International Finance 
     Corporation.
       (2) The regional development banks, including the Asian 
     Development Bank, the African Development Bank, the Inter-
     American Development Bank, the European Bank for 
     Reconstruction and Development, and the North American 
     Development Bank.
       (3) Climate Investment Funds.
       (4) The Food and Agriculture Organization.
       (5) Gavi, the Vaccine Alliance.
       (6) The Global Environment Facility.
       (7) The Global Fund to Fight AIDS, Tuberculosis and 
     Malaria.
       (8) The Green Climate Fund.
       (9) The Inter-American Institute for Cooperation for 
     Agriculture.
       (10) The International Civil Aviation Organization.
       (11) The International Committee of the Red Cross.
       (12) The International Fund for Agricultural Development.
       (13) The International Labour Organization.
       (14) The International Organization for Migration.
       (15) The International Telecommunication Union.
       (16) The Joint UN Program on HIV/AIDS.
       (17) The Multilateral Fund for the Implementation of the 
     Montreal Protocol.
       (18) The Office of the United Nations High Commissioner for 
     Human Rights.
       (19) The Office of the United Nations High Commissioner for 
     Refugees.
       (20) The Organisation for Economic Co-operation and 
     Development.
       (21) The Organization of American States.
       (22) The Pacific Forum Fisheries Agency.
       (23) The Pan American Health Organization.
       (24) The United Nations Children's Fund.
       (25) The United Nations Department of Economic and Social 
     Affairs.
       (26) The United Nations Development Programme.
       (27) The United Nations Entity for Gender Equality and the 
     Empowerment of Women.
       (28) The United Nations Environment Programme.
       (29) The United Nations Framework Convention on Climate 
     Change.
       (30) The United Nations Office for Project Services.
       (31) The United Nations Office for the Coordination of 
     Humanitarian Affairs.
       (32) The United Nations Office on Drugs and Crime.
       (33) The United Nations Population Fund.
       (34) The United Nations Relief and Works Agency for 
     Palestine Refugees in the Near East.
       (35) The United Nations Voluntary Fund for Victims of 
     Torture.
       (36) The World Food Program.
       (37) The World Health Organization.
       (38) The World Meteorological Organization.
       (f) Report on Review.--
       (1) Submission.--
       (A) In general.--Not later than 21 months after the date of 
     the enactment of this Act, the Task Force established under 
     subsection (g), in regular consultation with the Peer Review 
     Group established under subsection (h), shall submit a report 
     to the appropriate congressional committees that describes 
     the findings of the Review.
       (B) Publication.--The Secretary of State shall publish the 
     report described in subparagraph (A) on the internet website 
     of the Department of State not later than 15 days after the 
     date on which the report is submitted to the appropriate 
     congressional committees.
       (2) Methodology.--
       (A) Use of criteria.--The Task Force shall establish an 
     analytical framework and assessment scorecard for the Review 
     using the criteria set forth in paragraph (3).
       (B) Consultation with congress.--
       (i) Submission of methodology.--Not later than 90 days 
     after the appointments to the Peer Review Group are made 
     pursuant to subsection (h)(2), the Task Force shall submit 
     the methodology for the Review to the appropriate 
     congressional committees.
       (ii) Consideration of congressional views.--The Task Force 
     may not proceed with the Review until 30 days after the 
     methodology to the appropriate congressional committees, 
     taking into consideration the views of the Chairmen and 
     Ranking Members of each of the appropriate congressional 
     committees.
       (C) Publication of criteria and methodology.--The Secretary 
     of State shall publish the final criteria and methodology for 
     the Review on the internet website of the Department of State 
     not later than 60 days after submitting the proposed 
     methodology to the appropriate congressional committees 
     pursuant to subparagraph (B)(i).
       (3) Assessment criteria.--The assessment scorecard shall 
     include the following criteria:
       (A) Relationship of stated goals to actual results.--The 
     extent to which the stated mission, goals, and objectives of 
     the entity have been achieved during the review period, 
     including--
       (i) an identification of the stated mission, goals, and 
     objectives of each entity;
       (ii) an evaluation of the extent to which the entity met 
     its stated implementation timelines and achieved declared 
     results; and
       (iii) an evaluation of whether the entity optimizes 
     resources to achieve the stated mission, goals, and 
     objectives of the entity.

[[Page S5252]]

       (B) Responsible management.--The extent to which management 
     of the entity follows best management practices, including--
       (i) an evaluation of the ratio of management and 
     administrative expenses to program expenses, including an 
     evaluation of entity resources spent on nonprogrammatic 
     expenses;
       (ii) an evaluation of program expense growth, including a 
     comparison of the annual growth of program expenses to the 
     annual growth of management and administrative expenses; and
       (iii) an evaluation of whether the entity has established 
     appropriate levels of senior management compensation.
       (C) Accountability and transparency.--The extent to which 
     the policies and procedures of the entity follow best 
     practices of accountability and transparency, taking into 
     consideration credible reporting regarding unauthorized 
     conversion or diversion of entity resources, and including an 
     evaluation of whether the entity has--
       (i) established and enforced--

       (I) appropriate auditing procedures;
       (II) appropriate rules to reduce the risk of conflicts of 
     interest among the senior leadership of the entity; and
       (III) appropriate whistleblower policies;

       (ii) established and maintained--

       (I) appropriate records retention policies and guidelines;
       (II) best practices with respect to transparency and public 
     disclosure; and
       (III) best practices with respect to disclosure of the 
     compensation of senior leadership officials.

       (D) Alignment with united states foreign policy 
     objectives.--The extent to which the policies and practices 
     of the entity align with relevant United States foreign 
     policy objectives, including an evaluation of--
       (i) the entity's stated mission, goals, and objectives in 
     comparison to relevant United States foreign policy 
     objectives;
       (ii) any significant divergence between the actions of the 
     entity and relevant United States foreign policy objectives; 
     and
       (iii) whether continued participation by the United States 
     in the entity contributes a net benefit towards achieving 
     relevant United States foreign policy objectives, including 
     the reasons for such conclusion.
       (E) Multilateral approach compared to bilateral approach.--
     The extent to which pursuing relevant United States foreign 
     policy objectives through a multilateral approach is 
     effective and cost-efficient compared to, or complementary 
     to, a bilateral approach, including an evaluation of--
       (i) whether relevant United States foreign policy 
     objectives are effectively pursued through the entity, 
     compared to existing or potential bilateral approaches, 
     including the criteria used in the evaluation; and
       (ii) whether relevant United States foreign policy 
     objectives are pursued on a cost-effective basis through the 
     entity, including the amount of funding leveraged from non-
     United States Government sources, compared to existing or 
     potential bilateral approaches.
       (F) Redundancies and overlap.--The extent to which the 
     mission, goals, and objectives of the entity overlap with, or 
     complement, the mission, goals, objectives, and programs of 
     other multilateral institutions to which the United States 
     Government contributes voluntary or assessed funding, whether 
     cash or in-kind, including--
       (i) a comparison of the extent to which relevant United 
     States foreign policy objectives are effectively pursued on a 
     cost-effective basis through each of the overlapping 
     entities; and
       (ii) whether continued participation in each entity 
     contributes a benefit towards achieving United States foreign 
     policy objectives.
       (g) United States Multilateral Review Task Force.--
       (1) Establishment.--The President shall establish an 
     interagency Multilateral Review Task Force (referred to in 
     this section as the ``Task Force'') to review and assess 
     United States participation in multilateral entities 
     identified in subsection (e) and to develop and submit the 
     report required under subsection (f) to the appropriate 
     congressional committees.
       (2) Leadership.--The Task Force shall be chaired by the 
     Secretary of State, who may delegate his or her 
     responsibilities under this section to an appropriate senior 
     Senate-confirmed Department of State official.
       (3) Membership.--The President may appoint to the 
     interagency Task Force senior Senate-confirmed officials from 
     the Department of State, the Department of the Treasury, the 
     United States Agency for International Development, the 
     Centers for Disease Control and Prevention, the Department of 
     Agriculture, the Department of Energy, and any other relevant 
     executive branch department or agency.
       (4) Consultation.--In preparing the report under subsection 
     (f), including the initial review of methodology, the Task 
     Force shall consult regularly with the Peer Review Group 
     established under subsection (h).
       (h) United States Multilateral Aid Review Peer Review 
     Group.--
       (1) Establishment.--There is established the United States 
     Multilateral Aid Review Peer Review Group (referred to in 
     this section as the ``Peer Review Group'').
       (2) Membership.--
       (A) Composition.--The Peer Review Group shall be composed 
     of 8 nongovernmental volunteer members, of whom--
       (i) 2 shall be appointed by the majority leader of the 
     Senate;
       (ii) 2 shall be appointed by the minority leader of the 
     Senate;
       (iii) 2 shall be appointed by the Speaker of the House of 
     Representatives; and
       (iv) 2 shall be appointed by the minority leader of the 
     House of Representatives.
       (B) Appointment criteria.--The members of the Peer Review 
     Group shall have appropriate expertise and knowledge of the 
     multilateral entities subject to the Review established under 
     this section. In making appointments to the Peer Review 
     Group, the appointing authorities should take into account 
     potential conflicts of interest.
       (C) Date.--The appointments to the Peer Review Group shall 
     be made not later than 30 days after the date on which the 
     Task Force is established pursuant to subsection (g)(1), and 
     the terms of the members so appointed shall begin on such 
     date.
       (D) Chairman and vice chairman.--The Peer Review Group 
     shall select a Chairman and Vice Chairman from among the 
     members of the Peer Review Group.
       (3) Expert analysis.--The Peer Review Group shall meet 
     regularly with the Task Force, including regarding the 
     initial review of methodology, to offer their expertise of 
     the funding and performance of multilateral entities.
       (4) Review of report.--
       (A) In general.--Not later than 180 days before submitting 
     the report required under subsection (f)(1), the Task Force 
     shall submit a draft of the report to--
       (i) the Peer Review Group; and
       (ii) the appropriate congressional committees.
       (B) Review.--The Peer Review Group shall--
       (i) review the draft report submitted under subparagraph 
     (A); and
       (ii) not later than 90 days before the submission of the 
     report required under subsection (f)(1), provide to the Task 
     Force and to the appropriate congressional committees--

       (I) an analysis of the conclusions of the report;
       (II) an analysis of the established methodologies used to 
     reach such conclusions;
       (III) an analysis of the evidence used to reach such 
     conclusions; and
       (IV) any additional comments to improve the evaluations and 
     analysis of the report.

       (5) Period of appointment; vacancies.--
       (A) In general.--Each member of the Peer Review Group shall 
     be appointed for a 2-year term.
       (B) Vacancies.--Any vacancy in the Peer Review Group--
       (i) shall not affect the powers of the Peer Review Group; 
     and
       (ii) shall be filled in the same manner as the original 
     appointment.
       (6) Meetings.--
       (A) In general.--The Peer Review Group shall meet at the 
     call of the Chairman.
       (B) Initial meeting.--The Peer Review Group shall hold its 
     first meeting not later than 30 days after its last member is 
     appointed.
       (C) Quorum.--A majority of the members of the Peer Review 
     Group shall constitute a quorum, but a lesser number of 
     members may hold meetings.
       (i) Termination of Authorities.--The authorities and 
     requirements provided under this section shall terminate on 
     the date that is 2 years after the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 5771. Mr. RISCH (for himself, Mr. Rounds, and Mr. Van Hollen) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for fiscal 
year 2023 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:
        At the end of subtitle F of title XII, add the following:

     SEC. 1276. SOMALILAND PARTNERSHIP ACT.

       (a) Short Title.--This section may be cited as the 
     ``Somaliland Partnership Act''.
       (b) Defined Term.--In this section, the term ``Somaliland'' 
     means the territory that--
       (1) received its independence from the United Kingdom on 
     June 26, 1960, before the creation of the Somali Republic;
       (2) has been a self-declared independent and sovereign 
     state since 1991 that is not internationally recognized; and
       (3) exists as a semi-autonomous region of the Federal 
     Republic of Somalia.
       (c) Report on Foreign Assistance and Other Activities in 
     Somaliland.--
       (1) Defined term.--In this subsection, the term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) Report.--
       (A) In general.--Not later than September 30, 2022, and 
     annually thereafter until the date that is 5 years after the 
     date of the enactment of this Act, the Secretary of State,

[[Page S5253]]

     in consultation with the Administrator of the United States 
     Agency for International Development, shall submit a report 
     to the appropriate congressional committees that, with 
     respect to the most recently concluded 12-month period--
       (i) describes United States foreign assistance to 
     Somaliland, including--

       (I) the value of such assistance (in United States 
     dollars);
       (II) the source from which such assistance was funded;
       (III) the names of the programs through which such 
     assistance was administered;
       (IV) the implementing partners through which such 
     assistance was provided;
       (V) the sponsoring bureau of the United States Government; 
     and
       (VI) if the assistance broadly targeted the Federal 
     Republic of Somalia, the portion of such assistance that 
     was--

       (aa) explicitly intended to support Somaliland; and
       (bb) ultimately employed in Somaliland;
       (ii) details the staffing and responsibilities of the 
     Department of State and the United States Agency for 
     International Development supporting foreign assistance, 
     relations, consular services, and security initiatives in 
     Somaliland, including the location of such personnel (duty 
     station) and their corresponding bureau;
       (iii) provides--

       (I) a detailed account of travel to Somaliland by employees 
     of the Department of State and the United States Agency for 
     International Development, if any, including the position, 
     duty station, and trip purpose for each such trip; or
       (II) the justification for not traveling to Somaliland if 
     no such personnel traveled during the reporting period;

       (iv) describes consular services provided by the Department 
     of State for the residents of Somaliland;
       (v) discusses the Department of State's Travel Advisory for 
     Somalia related to the region of Somaliland; and
       (vi) if the Travel Advisory for all or part of Somaliland 
     is identical to the Travel Advisory for other regions of 
     Somalia, justifies such ranking based on a security 
     assessment of the region of Somaliland.
       (B) Form.--The report required under subparagraph (A) shall 
     be submitted in unclassified form, but may contain a 
     classified annex.
       (d) Feasibility Study.--
       (1) Defined term.--In this subsection, the term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Armed Services of the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Armed Services of the House of 
     Representatives.
       (2) Feasibility study.--The Secretary of State, in 
     coordination with the Secretary of Defense, shall conduct a 
     feasibility study that--
       (A) includes coordination with Somaliland security organs;
       (B) 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;
       (C) identifies the practicability of improving the 
     professionalization and capacity of Somaliland security 
     sector actors; and
       (D) 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.
       (3) Report to congress.--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 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 paragraph (2), including an assessment of the 
     extent to which--
       (A) 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;
       (B) 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;
       (C) the United States has provided or discussed with 
     officials of Somaliland the provision of training to security 
     forces, including--
       (i) where such training has occurred;
       (ii) the extent to which Somaliland security forces have 
     demonstrated the ability to absorb previous training; and
       (iii) the ability of Somaliland security forces to maintain 
     and appropriately utilize such training, as applicable;
       (D) 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;
       (E) Somaliland could--
       (i) serve as a maritime gateway in East Africa for the 
     United States and its allies; and
       (ii) counter Iran's presence in the Gulf of Aden and 
     China's growing regional military presence;
       (F) a United States security and defense partnership 
     could--
       (i) bolster cooperation between Somaliland and Taiwan;
       (ii) stabilize this semi-autonomous region of Somalia 
     further as a democratic counterweight to anti-democratic 
     forces in the greater Horn of Africa region; and
       (iii) impact the capacity of the United States to achieve 
     policy objectives in Somalia, particularly to degrade and 
     ultimately 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;
       (G) the extent to which an improved relationship with 
     Somaliland could--
       (i) support United States policy focused on the Red Sea 
     corridor, the Indo-Pacific region, and the Horn of Africa;
       (ii) improve cooperation on counterterrorism and 
     intelligence sharing;
       (iii) enable cooperation on counter-trafficking, including 
     the trafficking of humans, wildlife, weapons, and illicit 
     goods; and
       (iv) support trade and development, including how 
     Somaliland could benefit from Prosper Africa and other 
     regional trade initiatives.
       (4) Form.--The report required under paragraph (3) shall be 
     submitted in unclassified form, but may contain a classified 
     annex.
       (e) Rule of Construction.--Nothing in this Act, including 
     the reporting requirement under subsection (c) and the 
     conduct of the feasibility study under subsection (d), may be 
     construed to convey United States recognition of Somaliland 
     as an independent state.
                                 ______
                                 
  SA 5772. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 372. PLAN FOR RESOLVING CHALLENGES REGARDING SMALL ARMS 
                   TRAINING AND QUALIFICATION FOR MEMBERS OF THE 
                   RESERVE COMPONENTS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Assistant Secretary of Defense 
     for Manpower and Reserve Affairs shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a plan for resolving existing challenges 
     regarding small arms training and qualifications for members 
     of the reserve components of the Armed Forces.
       (b) Elements.--The plan required under subsection (a) shall 
     include--
       (1) specific details for the resolution of barriers to 
     small arms training and qualifications for members of the 
     reserve components of the Armed Forces; and
       (2) a plan for providing necessary resources for access to 
     live-fire ranges without incurring significant cost and 
     excessive travel time for a majority of such members.
                                 ______
                                 
  SA 5773. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:
        At the end of subtitle B of title XIV, add the following:

     SEC. 1414. BRIEFING ON ABILITY OF DEPARTMENT OF DEFENSE TO 
                   RECOVER RARE EARTH MATERIALS FROM END-OF-LIFE 
                   ITEMS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Under Secretary of Defense for Acquisition and 
     Sustainment shall brief the Committees on Armed Services of 
     the Senate and the House of Representatives on the ability of 
     the Department of Defense--
       (1) to identify end-of-life items that contain rare earth 
     materials;
       (2) to sell or barter such items to rare earth recycling 
     manufacturers; and
       (3) to ensure that recovered rare earth materials and other 
     critical materials are retained in the United States.
                                 ______
                                 
  SA 5774. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel

[[Page S5254]]

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

       In the funding table in section 4101, in the item relating 
     to V-22 (MEDIUM LIFT), strike the amount in the Senate 
     Authorized column and insert ``1,099,795''.
       In the funding table in section 4101, in the item relating 
     to Total Aircraft Procurement, Navy, strike the amount in the 
     Senate Authorized column and insert ``19,527,814''.
       In the funding table in section 4101, in the item relating 
     to Total Procurement, strike the amount in the Senate 
     Authorized column and insert ``158,987,016''.
                                 ______
                                 
  SA 5775. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1239. LIMITATION ON UNITED STATES FORCE STRUCTURE 
                   REDUCTIONS IN EASTERN EUROPE AND THE BALTIC 
                   COUNTRIES.

       (a) In General.--The Secretary of Defense may not reduce 
     the total number of members of the Armed Forces serving on 
     active duty who are stationed in each of Bulgaria, Estonia, 
     Latvia, Lithuania, Poland, or Romania below the levels in 
     each such country as of January 1, 2022, until the date that 
     is 120 days after the date on which the Secretary, in 
     consultation with the heads of other relevant Federal 
     departments and agencies, submits to the appropriate 
     committees of Congress a written assessment that contains the 
     following:
       (1) An analysis as to whether such a reduction--
       (A) would be in the national security interest of the 
     United States; and
       (B) would not detract from United States military posture 
     and alignment in the European theater.
       (2) An analysis of the impact of such a reduction on--
       (A) the security of the United States;
       (B) the security of United States allies and partners in 
     Europe;
       (C) the deterrence and defense posture of the North 
     Atlantic Treaty Organization;
       (D) the ability of the Armed Forces to execute contingency 
     plans of the Department of Defense, including ongoing 
     operations executed by the United States Central Command and 
     the United States Africa Command;
       (E) military families, including with respect to additional 
     costs for relocation of associated infrastructure; and
       (F) military training and major military exercises, 
     including with respect to interoperability and joint 
     activities with United States allies and partners.
       (3) A description of--
       (A) the consultations made with United States allies and 
     partners in Europe, including a description of the 
     consultations with each member of the North Atlantic Treaty 
     Organization regarding such a reduction; and
       (B) the capabilities that would be impacted in the country 
     in which the total number of Armed Forces serving on active 
     duty is being reduced, and any actions designed to mitigate 
     such a reduction.
       (4) A detailed description of the requirements for the 
     Department to effectuate any relocation and redeployment of 
     members of the Armed Forces from the country in which the 
     total number of Armed Forces serving on active duty is being 
     reduced and the associated relocation of military families.
       (5) A detailed analysis of--
       (A) the impact of such a reduction and redeployment of 
     military capabilities on the ability of the United States--
       (i) to meet commitments under the North Atlantic Treaty; 
     and
       (ii) to support operations in the Middle East and Africa;
       (B) the impact of such a reduction and redeployment on the 
     implementation of the National Defense Strategy and on Joint 
     Force Planning; and
       (C) the cost implications of such a reduction and 
     redeployment, including--
       (i) the cost of any associated new facilities to be 
     constructed, or existing facilities to be renovated, at the 
     location where the members of the Armed Forces are to be 
     moved and stationed; and
       (ii) the costs associated with rotational deployments.
       (b) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
       (c) Termination.--This section shall cease to have effect 
     on September 30, 2023.
                                 ______
                                 
  SA 5776. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1276. IMPOSITION OF SANCTIONS WITH RESPECT TO 
                   ANSARALLAH.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the President shall--
       (1) designate Ansarallah as a foreign terrorist 
     organization pursuant to section 219 of the Immigration and 
     Nationality Act (8 U.S.C. 1189); and
       (2) impose, with respect to Ansarallah and any foreign 
     person the President determines is an official, agent, or 
     affiliate of Ansarallah, the sanctions applicable with 
     respect to a foreign person pursuant to Executive Order 13224 
     (50 U.S.C. 1701 note; relating to blocking property and 
     prohibiting transactions with persons who commit, threaten to 
     commit, or support terrorism).
       (b) Determination Required.--Not later than 30 days after 
     the President makes the designation required by paragraph (1) 
     of subsection (a) and imposes the sanctions required by 
     paragraph (2) of that subsection, the President shall submit 
     to the Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     a determination regarding whether the following foreign 
     persons are officials, agents, or affiliates of Ansarallah:
       (1) Abdul Malik al-Houthi.
       (2) Abd al-Khaliq Badr al-Din al-Houthi.
       (3) Abdullah Yahya al-Hakim.
       (c) Ansarallah Defined.--In this section, the term 
     ``Ansarallah'' means the movement known as Ansarallah, the 
     Houthi movement, or any other alias.
                                 ______
                                 
  SA 5777. Mr. SULLIVAN (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed to amendment SA 5745 proposed by Mr. 
Schumer to the bill H.R. 6833, to amend title XXVII of the Public 
Health Service Act, the Internal Revenue Code of 1986, and the Employee 
Retirement Income Security Act of 1974 to establish requirements with 
respect to cost-sharing for certain insulin products, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. FEDERAL COST SHARE FOR DISASTER RELIEF RELATED TO 
                   TYPHOON MERBOK.

       Notwithstanding sections 403(b), 403(c)(4), 404(a), 406(b), 
     407(d), 408(g)(2), 428(e)(2)(B), and 503(a) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.), for any emergency or major disaster 
     declared by the President under such Act with a declaration 
     occurring or an incident period beginning between September 
     15, 2022, and September 20, 2022, the Federal share of 
     assistance, including direct Federal assistance, provided 
     under such sections shall be not less than 100 percent of the 
     eligible cost of such assistance during the 30-day period 
     beginning on the date of the declaration.
                                 ______
                                 
  SA 5778. Mr. MARSHALL submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:
       At the appropriate place in title X, insert the following:

     SEC. __. PROHIBITION ON USE OF FUNDS TO PRODUCE INSTRUCTIONAL 
                   MATERIALS REGARDING GENDER IDENTITY OR CORRECT 
                   PRONOUN USAGE.

       None of the funds authorized to be appropriated by this Act 
     for fiscal year 2023 may be used to produce instructional 
     materials regarding gender identity or correct pronoun usage.
                                 ______
                                 
  SA 5779. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

[[Page S5255]]

  


     SEC. 1214. OFFICE OF THE SPECIAL INSPECTOR GENERAL FOR 
                   AFGHANISTAN RECONSTRUCTION AND UKRAINIAN 
                   MILITARY, ECONOMIC, AND HUMANITARIAN AID.

       (a) Purposes.--The purposes of this section are--
       (1) to provide for the independent and objective conduct 
     and supervision of audits and investigations relating to the 
     programs and operations funded with amounts appropriated or 
     otherwise made available to Ukraine for military, economic, 
     and humanitarian aid;
       (2) to provide for the independent and objective leadership 
     and coordination of, and recommendations concerning, policies 
     designed--
       (A) to promote economic efficiency and effectiveness in the 
     administration of the programs and operations described in 
     paragraph (1); and
       (B) to prevent and detect waste, fraud, and abuse in such 
     programs and operations; and
       (3) to provide for an independent and objective means of 
     keeping the Secretary of State, the Secretary of Defense, and 
     the heads of other relevant Federal agencies fully and 
     currently informed about--
       (A) problems and deficiencies relating to the 
     administration of the programs and operations described in 
     paragraph (1); and
       (B) the necessity for, and the progress toward 
     implementing, corrective action related to such programs.
       (b) Definitions.--In this section:
       (1) Amounts appropriated or otherwise made available for 
     the military, economic, or humanitarian aid for ukraine.--The 
     term ``amounts appropriated or otherwise made available for 
     military, economic, or humanitarian aid for Ukraine'' means 
     amounts appropriated or otherwise made available for any 
     fiscal year--
       (A) for the Ukraine Security Assistance Initiative;
       (B) for Foreign Military Financing funding for Ukraine;
       (C) under titles III and VI of the Ukraine Supplemental 
     Appropriations Act (division N of Public Law 117-103);
       (D) under the Additional Ukraine Supplemental 
     Appropriations Act, 2022 (Public Law 117-128); and
       (E) for military, economic, or humanitarian aid for Ukraine 
     under any other provision of law.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Appropriations of the Senate;
       (B) the Committee on Armed Services of the Senate;
       (C) the Committee on Foreign Relations of the Senate;
       (D) the Committee on Appropriations of the House of 
     Representatives;
       (E) the Committee on Armed Services of the House of 
     Representatives; and
       (F) the Committee on Foreign Affairs of the House of 
     Representatives.
       (3) Office.--The term ``Office'' means the Office of the 
     Special Inspector General for Afghanistan Reconstruction and 
     Ukrainian Military, Economic, and Humanitarian Aid renamed 
     under subsection (c)(1).
       (4) Special inspector general.--The term ``Special 
     Inspector General'' means the Special Inspector General for 
     Afghanistan Reconstruction and Ukrainian Military, Economic, 
     and Humanitarian Aid renamed under subsection (c)(2).
       (c) Expansion of the Office of the Special Inspector 
     General for Afghanistan Reconstruction.--
       (1) Renaming of office.--Beginning on the date of the 
     enactment of this Act, the Office of the Special Inspector 
     General for Afghanistan Reconstruction shall be referred to 
     as the Office of the Special Inspector General for 
     Afghanistan Reconstruction and Ukrainian Military, Economic, 
     and Humanitarian Aid and shall carry out the purposes 
     described in subsection (a).
       (2) Renaming of special inspector general.--Beginning on 
     the date of the enactment of this Act, the Special Inspector 
     General for Afghanistan Reconstruction shall be referred to 
     as the Special Inspector General for Afghanistan 
     Reconstruction and Ukrainian Military, Economic, and 
     Humanitarian Aid.
       (3) Compensation.--The annual rate of basic pay of the 
     Special Inspector General shall be 3 percent higher than the 
     annual rate of basic pay provided for positions at level III 
     of the Executive Schedule under section 5314 of title 5, 
     United States Code.
       (4) Prohibition on political activities.--For purposes of 
     section 7324 of title 5, United States Code, the Special 
     Inspector General is not an employee who determines policies 
     to be pursued by the United States in the nationwide 
     administration of Federal law.
       (5) Removal.--The Special Inspector General shall be 
     removable from office in accordance with section 3(b) of the 
     Inspector General Act of 1978 (5 U.S.C. App.).
       (6) Appointment.--If the Special Inspector General is 
     removed from office or otherwise leaves such office, the 
     President shall appoint a new Special Inspector General.
       (d) Assistant Inspectors General.--The Special Inspector 
     General shall be assisted by--
       (1) the Assistant Inspector General for Auditing appointed 
     pursuant to section 1229(d)(1) of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181), 
     who shall supervise the performance of auditing activities 
     relating to programs and operations supported by amounts 
     appropriated or otherwise made available for military, 
     economic, and humanitarian aid to Ukraine; and
       (2) the Assistant Inspector General for Investigations 
     appointed pursuant to section 1229(d)(2) of the National 
     Defense Authorization Act for Fiscal Year 2008 (Public Law 
     110-181), who shall supervise the performance of 
     investigative activities relating to the programs and 
     operations described in paragraph (1).
       (e) Supervision.--
       (1) In general.--Except as provided in paragraph (2), the 
     Special Inspector General shall report directly to, and be 
     under the general supervision of, the Secretary of State and 
     the Secretary of Defense.
       (2) Independence to conduct investigations and audits.--No 
     officer of the Department of Defense, the Department of 
     State, the United States Agency for International 
     Development, or any other relevant Federal agency may prevent 
     or prohibit the Special Inspector General from--
       (A) initiating, carrying out, or completing any audit or 
     investigation related to amounts appropriated or otherwise 
     made available for the military, economic, and humanitarian 
     aid to Ukraine; or
       (B) issuing any subpoena during the course of any such 
     audit or investigation.
       (f) Duties.--
       (1) Oversight of military, economic, and humanitarian aid 
     to ukraine provided after february 24, 2022.--In addition to 
     any duties previously carried out as the Special Inspector 
     General for Afghanistan Reconstruction, the Special Inspector 
     General shall conduct, supervise, and coordinate audits and 
     investigations of the treatment, handling, and expenditure of 
     amounts appropriated or otherwise made available for 
     military, economic, and humanitarian aid to Ukraine, and of 
     the programs, operations, and contracts carried out utilizing 
     such funds, including--
       (A) the oversight and accounting of the obligation and 
     expenditure of such funds;
       (B) the monitoring and review of activities funded by such 
     funds;
       (C) the monitoring and review of contracts funded by such 
     funds;
       (D) the monitoring and review of the transfer of such funds 
     and associated information between and among departments, 
     agencies, and entities of the United States and private and 
     nongovernmental entities;
       (E) the maintenance of records regarding the use of such 
     funds to facilitate future audits and investigations of the 
     use of such funds;
       (F) the monitoring and review of the effectiveness of 
     United States coordination with the Government of Ukraine, 
     major recipients of Ukrainian refugees, partners in the 
     region, and other donor countries;
       (G) the investigation of overpayments (such as duplicate 
     payments or duplicate billing) and any potential unethical or 
     illegal actions of Federal employees, contractors, or 
     affiliated entities; and
       (H) the referral of reports compiled as a result of such 
     investigations, as necessary, to the Department of Justice to 
     ensure further investigations, prosecutions, recovery of 
     funds, or other remedies.
       (2) Other duties related to oversight.--The Special 
     Inspector General shall establish, maintain, and oversee such 
     systems, procedures, and controls as the Special Inspector 
     General considers appropriate to discharge the duties 
     described in paragraph (1).
       (3) Consultation.--The Special Inspector General shall 
     consult with the appropriate congressional committees before 
     engaging in auditing activities outside of Ukraine.
       (4) Duties and responsibilities under inspector general act 
     of 1978.--In addition to the duties specified in paragraphs 
     (1) and (2), the Special Inspector General shall have the 
     duties and responsibilities of inspectors general under the 
     Inspector General Act of 1978 (5 U.S.C. App.).
       (5) Coordination of efforts.--In carrying out the duties, 
     responsibilities, and authorities of the Special Inspector 
     General under this section, the Special Inspector General 
     shall coordinate with, and receive cooperation from--
       (A) the Inspector General of the Department of Defense;
       (B) the Inspector General of the Department of State;
       (C) the Inspector General of the United States Agency for 
     International Development; and
       (D) the Inspector General of any other relevant Federal 
     agency.
       (g) Powers and Authorities.--
       (1) Authorities under inspector general act of 1978.--
       (A) In general.--In carrying out the duties specified in 
     subsection (f), the Special Inspector General shall have the 
     authorities provided under section 6 of the Inspector General 
     Act of 1978, including the authorities under subsection (e) 
     of such section.
       (B) Retention of certain authorities.--The Special 
     Inspector General shall retain all of the duties, powers, and 
     authorities provided to the Special Inspector General for 
     Afghanistan Reconstruction under section 1229 of the National 
     Defense Authorization Act for Fiscal Year 2008 (Public Law 
     110-181), and may utilize those powers and authorities as 
     are, in the judgment of the Special Inspector General, 
     necessary to carry out the duties under this section.
       (2) Audit standards.--The Special Inspector General shall 
     carry out the duties specified in subsection (f)(1) in 
     accordance with

[[Page S5256]]

     section 4(b)(1) of the Inspector General Act of 1978.
       (h) Personnel, Facilities, and Other Resources.--
       (1) Personnel.--
       (A) In general.--The Special Inspector General may select, 
     appoint, and employ such officers and employees as may be 
     necessary for carrying out the duties of the Special 
     Inspector General under this section, subject to the 
     provisions of title 5, United States Code, governing 
     appointments in the competitive service, and the provisions 
     of chapter 51 and subchapter III of chapter 53 of such title, 
     relating to classification and General Schedule pay rates.
       (B) Additional authorities.--
       (i) In general.--Subject to clause (ii), the Inspector 
     General may exercise the authorities of subsections (b) 
     through (i) of section 3161 of title 5, United States Code, 
     without regard to subsection (a) of such section.
       (ii) Periods of appointments.--In exercising the employment 
     authorities under subsection (b) of section 3161 of title 5, 
     United States Code, as provided under clause (i)--

       (I) paragraph (2) of such subsection (relating to periods 
     of appointments) shall not apply; and
       (II) no period of appointment may exceed the date on which 
     the Office terminates under subsection (l).

       (iii) Acquisition of competitive status.--An employee shall 
     acquire competitive status for appointment to any position in 
     the competitive service for which the employee possesses the 
     required qualifications if the employee--

       (I) completes at least 12 months of continuous service 
     after the date of the enactment of this Act; or
       (II) is employed on the date on which the Office 
     terminates.

       (2) Employment of experts and consultants.--The Special 
     Inspector General may obtain the services of experts and 
     consultants in accordance with section 3109 of title 5, 
     United States Code, at daily rates not to exceed the 
     equivalent rate prescribed for grade GS-15 of the General 
     Schedule under section 5332 of such title.
       (3) Contracting authority.--To the extent and in such 
     amounts as may be provided in advance by appropriations Acts, 
     the Special Inspector General may--
       (A) enter into contracts and other arrangements for audits, 
     studies, analyses, and other services with public agencies 
     and with private persons; and
       (B) make such payments as may be necessary to carry out the 
     duties of the Special Inspector General.
       (4) Resources.--The Secretary of State or the Secretary of 
     Defense, as appropriate, shall provide the Special Inspector 
     General with--
       (A) appropriate and adequate office space at appropriate 
     locations of the Department of State or the Department of 
     Defense, as appropriate, in Ukraine or in European partner 
     countries;
       (B) such equipment, office supplies, and communications 
     facilities and services as may be necessary for the operation 
     of such offices; and
       (C) necessary maintenance services for such offices and the 
     equipment and facilities located in such offices.
       (5) Assistance from federal agencies.--
       (A) In general.--Upon request of the Special Inspector 
     General for information or assistance from any department, 
     agency, or other entity of the Federal Government, the head 
     of such entity shall, to the extent practicable and not in 
     contravention of any existing law, furnish such information 
     or assistance to the Special Inspector General or an 
     authorized designee.
       (B) Reporting of refused assistance.--Whenever information 
     or assistance requested by the Special Inspector General is, 
     in the judgment of the Special Inspector General, 
     unreasonably refused or not provided, the Special Inspector 
     General shall immediately report the circumstances to--
       (i) the Secretary of State or the Secretary of Defense, as 
     appropriate; and
       (ii) the appropriate congressional committees.
       (i) Reports.--
       (1) Quarterly reports.--Not later than 30 days after the 
     end of each quarter of each fiscal year, the Special 
     Inspector General shall submit to the appropriate 
     congressional committees, the Secretary of State, and the 
     Secretary of Defense a report that--
       (A) summarizes, for the applicable quarter, and to the 
     extent possible, for the period from the end of such quarter 
     to the date on which the report is submitted, the activities 
     during such period of the Special Inspector General and the 
     activities under programs and operations funded with amounts 
     appropriated or otherwise made available for military, 
     economic, and humanitarian aid to Ukraine; and
       (B) includes, for applicable quarter, a detailed statement 
     of all obligations, expenditures, and revenues associated 
     with military, economic, and humanitarian activities in 
     Ukraine, including--
       (i) obligations and expenditures of appropriated funds;
       (ii) a project-by-project and program-by-program accounting 
     of the costs incurred to date for military, economic, and 
     humanitarian aid to Ukraine, including an estimate of the 
     costs to be incurred by the Department of Defense, the 
     Department of State, the United States Agency for 
     International Development, and other relevant Federal 
     agencies to complete each project and each program;
       (iii) revenues attributable to, or consisting of, funds 
     provided by foreign nations or international organizations to 
     programs and projects funded by any Federal department or 
     agency and any obligations or expenditures of such revenues;
       (iv) revenues attributable to, or consisting of, foreign 
     assets seized or frozen that contribute to programs and 
     projects funded by any Federal department or agency and any 
     obligations or expenditures of such revenues;
       (v) operating expenses of entities receiving amounts 
     appropriated or otherwise made available for military, 
     economic, and humanitarian aid to Ukraine; and
       (vi) for any contract, grant, agreement, or other funding 
     mechanism described in paragraph (2)--

       (I) the dollar amount of the contract, grant, agreement, or 
     other funding mechanism;
       (II) a brief discussion of the scope of the contract, 
     grant, agreement, or other funding mechanism;
       (III) a discussion of how the Federal department or agency 
     involved in the contract, grant, agreement, or other funding 
     mechanism identified, and solicited offers from, potential 
     individuals or entities to perform the contract, grant, 
     agreement, or other funding mechanism, including a list of 
     the potential individuals or entities that were issued 
     solicitations for the offers; and
       (IV) the justification and approval documents on which the 
     determination to use procedures other than procedures that 
     provide for full and open competition was based.

       (2) Covered contracts, grants, agreements, and funding 
     mechanisms.--A contract, grant, agreement, or other funding 
     mechanism described in this paragraph is any major contract, 
     grant, agreement, or other funding mechanism that is entered 
     into by any Federal department or agency that involves the 
     use of amounts appropriated or otherwise made available for 
     the military, economic, or humanitarian aid to Ukraine with 
     any public or private sector entity--
       (A) to build or rebuild the physical infrastructure of 
     Ukraine;
       (B) to establish or reestablish a political or societal 
     institution of Ukraine;
       (C) to provide products or services to the people of 
     Ukraine; or
       (D) to provide security assistance to Ukraine.
       (3) Public availability.--The Special Inspector General 
     shall publish each report submitted pursuant to paragraph (1) 
     on a publicly available internet website in English, 
     Ukrainian, and Russian.
       (4) Form.--Each report required under paragraph (1) shall 
     be submitted in unclassified form, but may include a 
     classified annex if the Special Inspector General determines 
     that a classified annex is necessary.
       (5) Submission of comments to congress.--During the 30-day 
     period beginning on the date a report is received under 
     paragraph (1), the Secretary of State and the Secretary of 
     Defense may submit comments to the appropriate congressional 
     committees, in unclassified form, regarding any matters 
     covered by the report that the Secretary of State or the 
     Secretary of Defense considers appropriate. Such comments may 
     include a classified annex if the Secretary of State or the 
     Secretary of Defense considers such annex to be necessary.
       (6) Rule of construction.--Nothing in this subsection may 
     be construed to authorize the public disclosure of 
     information that is--
       (A) specifically prohibited from disclosure by any other 
     provision of law;
       (B) specifically required by Executive order to be 
     protected from disclosure in the interest of defense or 
     national security or in the conduct of foreign affairs; or
       (C) a part of an ongoing criminal investigation.
       (j) Transparency.--
       (1) Report.--Except as provided in paragraph (3), not later 
     than 60 days after receiving a report under subsection 
     (i)(1), the Secretary of State and the Secretary of Defense 
     shall jointly make copies of the report available to the 
     public upon request and at a reasonable cost.
       (2) Comments.--Except as provided in paragraph (3), not 
     later than 60 days after submitting comments pursuant to 
     subsection (i)(5), the Secretary of State and the Secretary 
     of Defense shall jointly make copies of such comments 
     available to the public upon request and at a reasonable 
     cost.
       (3) Waiver.--
       (A) Authority.--The President may waive the requirement 
     under paragraph (1) or (2) with respect to availability to 
     the public of any element in a report submitted pursuant to 
     subsection (i)(1) or any comments submitted pursuant to 
     subsection (i)(5) if the President determines that such 
     waiver is justified for national security reasons.
       (B) Notice of waiver.--The President shall publish a notice 
     of each waiver made under subparagraph (A) in the Federal 
     Register not later than the date of the submission to the 
     appropriate congressional committees of a report required 
     under subsection (i)(1) or any comments under subsection 
     (i)(5). Each such report and comments shall specify whether a 
     waiver was made pursuant to subparagraph (A) and which 
     elements in the report or the comments were affected by such 
     waiver.
       (k) Use of Previously Appropriated Funds.--Amounts 
     appropriated before the

[[Page S5257]]

     date of the enactment of this Act for the Office of the 
     Special Inspector General for Afghanistan Reconstruction may 
     be used to carry out the duties described in subsection (f).
       (l) Termination.--
       (1) In general.--The Office shall terminate on September 
     30, 2027.
       (2) Final report.--Before the termination date referred to 
     in paragraph (1), the Special Inspector General shall prepare 
     and submit to the appropriate congressional committees a 
     final forensic audit report on programs and operations funded 
     with amounts appropriated or otherwise made available for the 
     military, economic, and humanitarian aid to Ukraine.
                                 ______
                                 
  SA 5780. Mr. TOOMEY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 144. PROCUREMENT AUTHORITY FOR COMMERCIAL ENGINEERING 
                   SOFTWARE.

       4 (a) Procurement Authority.--The Secretary of the Air 
     Force may enter into one or more contracts for 6 the 
     procurement of commercial engineering software to 7 meet the 
     digital transformation goals and objectives of the 8 
     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 2 for fiscal year 2024 
     (as submitted to Congress pursuant 3 to section 1105 of title 
     31, United States Code), the Secretary shall include a 
     program element dedicated to the 5 procurement and management 
     of the commercial engineer- 6 ing software described in 
     subsection (a).
       (c) Review.--ln carrying out subsection (a), the Secretary 
     of the Air Force shall--
       (1) review the commercial physics-based simulation 
     marketspace; and
       (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.


 =========================== NOTE =========================== 

  
  On page S5257, September 28, 2022, in the first column, the 
following appears: SA 5780. Mr. TOOMEY submitted an amendment 
intended to be proposed to amendment SA 5499 submitted by Mr. REED 
(for himself and Mr. INHOFE) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the 
table; as follows: At the end of subtitle C of title VII, add the 
following: SEC. 753. PROHIBITION ON ADVERSE PERSONNEL ACTIONS 
TAKEN AGAINST MEMBERS OF THE ARMED FORCES BASED ON DECLINING 
COVID-19 VACCINE. (a) FINDINGS. -- Congress finds the following: 
(1) The Secretary of Defense has announced a COVID-19 vaccine 
mandate will take effect for the Department of Defense. (2) 
Reports of adverse actions being taken, or threatened, by military 
leadership at all levels are antithetical to our fundamental 
American values. (3) Any discharge other than honorable denotes a 
dereliction of duty or a failure to serve the United States and 
its people to the best of the ability of an individual. (b) 
PROHIBITION.--Chapter 55 of title 10, United States Code, is 
amended by inserting after section 1107a the following new 
section: ``Sec.  1107b. Prohibition on certain adverse personnel 
actions related to COVID-19 vaccine requirement ``Notwithstanding 
any other provision of law, a member of the armed forces subject 
to discharge on the basis of the member choosing not to receive 
the COVID-19 vaccine may only receive an honorable discharge.''. 
(c) CLERICAL AMENDMENT. -- The table of sections at the beginning 
of such chapter is amended by inserting after the item relating to 
section 1107a the following new item: ``1107b. Prohibition on 
certain adverse personnel actions related to COVID-19 vaccine 
requirement.''.
  
  The online Record has been corrected to read: SA 5780. Mr. 
TOOMEY submitted an amendment intended to be proposed to amendment 
SA 5499 submitted by Mr. REED (for himself and Mr. INHOFE) and 
intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; 
which was ordered to lie on the table; as follows: At the end of 
subtitle D of title I, add the following: SEC. 144. PROCUREMENT 
AUTHORITY FOR COMMERCIAL ENGINEERING SOFTWARE. 4 (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. -- ln carrying out subsection (a), the 
Secretary of the Air Force shall -- (1) review the commercial 
physics-based simulation marketspace; and (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.


 ========================= END NOTE ========================= 


                                 ______
                                 
  SA 5781. Mr. MARSHALL submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 753. PROHIBITION ON ADVERSE PERSONNEL ACTIONS TAKEN 
                   AGAINST MEMBERS OF THE ARMED FORCES BASED ON 
                   DECLINING COVID-19 VACCINE.

       (a) Findings.--Congress finds the following:
       (1) The Secretary of Defense has announced a COVID-19 
     vaccine mandate will take effect for the Department of 
     Defense.
       (2) Reports of adverse actions being taken, or threatened, 
     by military leadership at all levels are antithetical to our 
     fundamental American values.
       (3) Any discharge other than honorable denotes a 
     dereliction of duty or a failure to serve the United States 
     and its people to the best of the ability of an individual.
       (b) Prohibition.--Chapter 55 of title 10, United States 
     Code, is amended by inserting after section 1107a the 
     following new section:

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

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

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



 =========================== NOTE =========================== 

  
  On page S5257, September 28, 2022, beginning in the first 
column, the following appears: SA 5781. Mr. MARSHALL submitted an 
amendment intended to be proposed to amendment SA 5499 submitted 
by Mr. REED (for himself and Mr. INHOFE) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for 
fiscal year 2023 for military activities of the Department of 
Defense, for military construction, and for defense activities of 
the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows: At the end of subtitle D 
of title I, add the following: SEC. 144. PROCUREMENT AUTHORITY FOR 
COMMERCIAL ENGINEERING SOFTWARE. 4 (a) PROCUREMENT AUTHORITY. -- 
The Secretary of the Air Force may enter into one or more 
contracts for 6 the procurement of commercial engineering software 
to 7 meet the digital transformation goals and objectives of the 8 
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 2 for 
fiscal year 2024 (as submitted to Congress pursuant 3 to section 
1105 of title 31, United States Code), the Secretary shall include 
a program element dedicated to the 5 procurement and management of 
the commercial engineer- 6 ing software described in subsection 
(a). (c) REVIEW. -- ln carrying out subsection (a), the Secretary 
of the Air Force shall -- (1) review the commercial physics-based 
simulation marketspace; and (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 mis sion 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.
  
  The online Record has been corrected to read: SA 5781. Mr. 
MARSHALL submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. REED (for himself and Mr. 
INHOFE) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military 
activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the 
table; as follows: At the end of subtitle C of title VII, add the 
following: SEC. 753. PROHIBITION ON ADVERSE PERSONNEL ACTIONS 
TAKEN AGAINST MEMBERS OF THE ARMED FORCES BASED ON DECLINING 
COVID-19 VACCINE. (a) FINDINGS. -- Congress finds the following: 
(1) The Secretary of Defense has announced a COVID<3-line }>19 
vaccine mandate will take effect for the Department of Defense. 
(2) Reports of adverse actions being taken, or threatened, by 
military leadership at all levels are antithetical to our 
fundamental American values. (3) Any discharge other than 
honorable denotes a dereliction of duty or a failure to serve the 
United States and its people to the best of the ability of an 
individual. (b) PROHIBITION. -- Chapter 55 of title 10, United 
States Code, is amended by inserting after section 1107a the 
following new section: ``Sec.  1107b. Prohibition on certain 
adverse personnel actions related to COVID-19 vaccine requirement 
``Notwithstanding any other provision of law, a member of the 
armed forces subject to discharge on the basis of the member 
choosing not to receive the COVID-19 vaccine may only receive an 
honorable discharge.''. (c) CLERICAL AMENDMENT. -- The table of 
sections at the beginning of such chapter is amended by inserting 
after the item relating to section 1107a the following new item: 
``1107b. Prohibition on certain adverse personnel actions related 
to COVID-19 vaccine requirement.''.


 ========================= END NOTE ========================= 


                                 ______
                                 
  SA 5782. Mr. MARSHALL (for himself, Mr. Risch, and Mr. Rounds) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for fiscal 
year 2023 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 10__. INTERAGENCY STRATEGY TO DISRUPT AND DISMANTLE 
                   NARCOTICS PRODUCTION AND TRAFFICKING AND 
                   AFFILIATED NETWORKS LINKED TO THE REGIME OF 
                   BASHAR AL-ASSAD IN SYRIA.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the Captagon trade linked to the regime of Bashar al-
     Assad in Syria is a transnational security threat; and
       (2) the United States should develop and implement an 
     interagency strategy to deny, degrade, and dismantle Assad-
     linked narcotics production and trafficking networks.
       (b) Defined Term.--In this section, the term ``appropriate 
     congressional committees'' means--
       (1) the Committee on Armed Services of the Senate;
       (2) the Committee on Appropriations of the Senate
       (3) the Committee on the Judiciary of the Senate;
       (4) the Committee on Foreign Relations of the Senate;
       (5) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (6) the Select Committee on Intelligence of the Senate;
       (7) the Committee on Armed Services of the House of 
     Representatives;
       (8) the Committee on Appropriations of the House of 
     Representatives;
       (9) the Committee on the Judiciary of the House of 
     Representatives;
       (10) the Committee on Foreign Affairs of the House of 
     Representatives;
       (11) the Committee on Financial Services of the House of 
     Representatives; and
       (12) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (c) Strategy Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of Defense, the Secretary of 
     the Treasury, the Administrator of the Drug Enforcement 
     Administration, the Director of National Intelligence, the 
     Director of the Office of National Drug Control Policy, and 
     the heads of other appropriate Federal agencies, shall 
     provide a written strategy (with a classified annex, if 
     necessary), to the appropriate congressional committees for 
     disrupting and dismantling narcotics production and 
     trafficking and affiliated networks linked to the regime of 
     Bashar al-Assad in Syria.
       (2) Contents.--The strategy required under paragraph (1) 
     shall include--
       (A) a detailed plan for--
       (i) targeting, disrupting and degrading networks that 
     directly and indirectly support the narcotics infrastructure 
     of the Assad regime, particularly through diplomatic and 
     intelligence support to law enforcement investigations; and
       (ii) building counter-narcotics capacity to partner 
     countries through assistance and training to law enforcement 
     services in countries (other than Syria) that are receiving 
     or transiting large quantities of Captagon;
       (B)(i) the identification of the countries that are 
     receiving or transiting large shipments of Captagon;
       (ii) an assessment of the counter-narcotics capacity of 
     such countries to interdict or disrupt the smuggling of 
     Captagon; and
       (iii) an assessment of current United States assistance and 
     training programs to build such capacity in such countries;
       (C) the use of sanctions, including sanctions authorized 
     under section the Caesar Syria Civilian Protection Act of 
     2019 (22 U.S.C. 8791 note; title LXXIV of division F of 
     Public Law 116-92), and associated actions to target 
     individuals and entities directly or indirectly associated 
     with the narcotics infrastructure of the Assad regime;
       (D) the use of global diplomatic engagements associated 
     with the economic pressure campaign against the Assad regime 
     to target its narcotics infrastructure;
       (E) leveraging multilateral institutions and cooperation 
     with international partners to disrupt the narcotics 
     infrastructure of the Assad regime; and
       (F) mobilizing a public communications campaign to increase 
     awareness of the extent of the connection of the Assad regime 
     to the illicit narcotics trade.
                                 ______
                                 
  SA 5783. Mr. MARSHALL submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by

[[Page S5258]]

Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to 
the bill H.R. 7900, to authorize appropriations for fiscal year 2023 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 753. LIMITATION ON CONDUCTING CERTAIN RESEARCH IN 
                   COUNTRIES OF CONCERN.

       Beginning not later than 60 days after the date of the 
     enactment of this Act, the Secretary of Defense shall 
     prohibit research funded by the Department of Defense 
     conducted in a foreign institution involving pathogens of 
     pandemic potential or biological agents or toxins listed 
     pursuant to section 351A(a)(1) of the Public Health Service 
     Act (42 U.S.C. 262a(a)(1)) located in a country of concern, 
     as determined by the Director of National Intelligence or the 
     head of another relevant Federal agency, as appropriate, in 
     consultation with the Secretary of Defense.
                                 ______
                                 
  SA 5784. Mr. MARSHALL submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1064. REPORT ON DESIGNATION OF CERTAIN DRUG CARTELS AS 
                   FOREIGN TERRORIST ORGANIZATIONS.

       (a) Short Title.--This section may be cited as the ``Drug 
     Cartel Terrorist Designation Act''.
       (b) Sense of Congress.--It is the sense of Congress that 
     each of the drug cartels referred to in subsection (d) meets 
     the criteria for designation as a foreign terrorist 
     organization under section 219 of the Immigration and 
     Nationality Act (8 U.S.C. 1189).
       (c) Defined Term.--In this section, the term ``appropriate 
     committees of Congress'' means--
       (1) the Committee on Armed Services of the Senate;
       (2) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (3) the Committee on Foreign Relations of the Senate;
       (4) the Committee on the Judiciary of the Senate;
       (5) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (6) the Select Committee on Intelligence of the Senate;
       (7) the Committee on Armed Services of the House of 
     Representatives;
       (8) the Committee on Financial Services of the House of 
     Representatives;
       (9) the Committee on Foreign Affairs of the House of 
     Representatives;
       (10) the Committee on the Judiciary of the House of 
     Representatives;
       (11) the Committee on Homeland Security of the House of 
     Representatives; and
       (12) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (d) Designation.--
       (1) In general.--The Secretary of State shall designate 
     each of the following Mexican drug cartels as a foreign 
     terrorist organization under section 219(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1189(a)):
       (A) The Reynosa/Los Metros faction of the Gulf Cartel.
       (B) The Cartel Del Noreste faction of Los Zetas.
       (C) The Jalisco New Generation Cartel.
       (D) The Sinaloa Cartel.
       (2) Additional cartels.--The Secretary of State shall 
     designate any Mexican drug cartel, or any faction of such a 
     cartel, as a foreign terrorist organization if such cartel or 
     faction meets the criteria described in such section 219(a).
       (e) Report.--
       (1) Report required.--Not later than 30 days after the date 
     of the enactment of this Act, the Secretary of State, in 
     consultation with the Director of National Intelligence, 
     shall submit to the appropriate committees of Congress a 
     detailed report regarding--
       (A) each of the drug cartels referred to in subsection 
     (d)(1) that describes the criteria justifying their 
     designations as foreign terrorist organizations under section 
     219(a)of the Immigration and Nationality Act (8 U.S.C. 
     1189(a)); and
       (B) all other Mexican drug cartels, or factions of cartels, 
     that the Secretary determines pursuant to subsection (d)(2) 
     meet the criteria for designation as foreign terrorist 
     organizations under such section 219(a), including the 
     specific criteria justifying each such designation.
       (2) Form.--The report required under paragraph (1)--
       (A) shall be submitted in unclassified form, but may 
     include a classified annex;
       (B) shall be made available only in electronic form; and
       (C) may not be printed, except upon a request for a printed 
     copy from a congressional office.
                                 ______
                                 
  SA 5785. Ms. KLOBUCHAR (for herself and Mr. Blumenthal) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. SUPPORT FOR NATIONALS OF AFGHANISTAN 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)), an 
     individual who is 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 that the individual shall not be required 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 during the period beginning on the date of the 
     enactment of this Act and ending on the date that is two 
     years after such date of enactment.
       (2) Extension.--The Secretary of Homeland Security, in 
     consultation with the Secretary of State--
       (A) shall periodically review the country conditions in 
     Afghanistan; and
       (B) may renew the exception under subsection (a) in 18-
     month increments based on such conditions.
                                 ______
                                 
  SA 5786. Ms. KLOBUCHAR (for herself and Mr. Blumenthal) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. SUPPORT FOR NATIONALS OF AFGHANISTAN APPLYING FOR 
                   SPECIAL IMMIGRANT VISAS OR REFUGEE STATUS.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should increase support for nationals of 
     Afghanistan who--
       (1) aided the United States mission in Afghanistan during 
     the past 20 years and are now under threat from the Taliban, 
     specifically such nationals of Afghanistan who--
       (A) are special immigrant visa applicants; or
       (B) have been referred to the United States Refugee 
     Admissions Program, including through the Priority 2 
     designation for nationals of Afghanistan; and
       (2) remain in Afghanistan or are in third countries.
       (b) Requirements.--The Secretary of State, in coordination 
     with the Secretary of Homeland Security and the head of any 
     other relevant Federal department or agency, shall further 
     surge capacity, including by increasing consular personnel at 
     any United States embassy or consulate in the region that 
     processes visa applications for nationals of Afghanistan--
       (1) to better support nationals of Afghanistan who--
       (A)(i) are special immigrant visa applicants who have been 
     approved by the Chief of Mission; or
       (ii) have been referred to the United States Refugee 
     Admissions Program, including through the Priority 2 
     designation for nationals of Afghanistan; and
       (2) to reduce application processing times for such 
     nationals of Afghanistan while ensuring strict and necessary 
     security vetting, including, to the extent practicable, by 
     enabling such nationals of Afghanistan who have been referred 
     to the United States Refugee Admissions Program to initiate 
     application processing while still in Afghanistan.
       (c) Rule of Construction.--Nothing in this section may be 
     construed to require the Secretary of State to decrease the 
     capacity to process visa applications at United States 
     embassies or consulates worldwide.
                                 ______
                                 
  SA 5787. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities

[[Page S5259]]

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

       At the appropriate place, insert the following:

     SEC. _____ . SPECIAL MEASURES TO FIGHT MODERN THREATS.--

       (a) Findings.--Congress finds the following:
       (1) The Financial Crimes Enforcement Network (in this 
     section referred to as ``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) Under law, 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 that 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 United States companies and that abuse the 
     financial system to move and obscure the proceeds of their 
     crimes.
       (6) Ransomware attacks on United States companies requiring 
     payments in cryptocurrencies have increased in recent years, 
     with the Treasury estimating that ransomware payments in the 
     United States reached $590,000,000 in just the first half of 
     2021, compared to a total of $416,000,000 in 2020.
       (7) In July 2021, the White House, with support of United 
     States allies, asserted that the People's Republic of China 
     was responsible for ransomware operations against private 
     companies that included demands of millions of dollars, 
     including the 2021 ransomware attacks that breached Microsoft 
     email systems and affected thousands of consumers, State and 
     local municipalities, and government contractors attributed 
     to a cyber espionage group with links to the Ministry of 
     State Security of the People's Republic of China.
       (8) As ransomware attacks organized by Chinese and other 
     foreign bad actors continue to grow in size and scope, 
     modernizing the special-measure authorities of FinCEN 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.''.
                                 ______
                                 
  SA 5788. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        After division D, insert the following:

                DIVISION E--FINANCIAL DATA TRANSPARENCY

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Financial Data 
     Transparency Act of 2022''.

   TITLE LI--DATA STANDARDS FOR COVERED AGENCIES; DEPARTMENT OF THE 
                          TREASURY RULEMAKING

     SEC. 5101. DATA STANDARDS.

       (a) In General.--Subtitle A of the Financial Stability Act 
     of 2010 (12 U.S.C. 5321 et seq.) is amended by adding at the 
     end the following:

     ``SEC. 124. DATA STANDARDS.

       ``(a) Definitions.--In this section--
       ``(1) the term `covered agencies' means--
       ``(A) the Department of the Treasury;
       ``(B) the Board of Governors;
       ``(C) the Office of the Comptroller of the Currency;
       ``(D) the Bureau;
       ``(E) the Commission;
       ``(F) the Corporation;
       ``(G) the Federal Housing Finance Agency;
       ``(H) the National Credit Union Administration Board; and
       ``(I) any other primary financial regulatory agency 
     designated by the Secretary;
       ``(2) the term `data standard' means a standard that 
     specifies rules by which data is described and recorded; and
       ``(3) the terms `machine-readable', `metadata', and `open 
     license' have the meanings given the terms in section 3502 of 
     title 44, United States Code.
       ``(b) Promulgation of Standards.--Not later than 2 years 
     after the date of enactment of this section, the heads of the 
     covered agencies shall jointly promulgate final rules that 
     establish data standards for--
       ``(1) the collections of information reported to each 
     covered agency by financial entities under the jurisdiction 
     of the covered agency; and
       ``(2) the data collected from covered agencies on behalf of 
     the Council.
       ``(c) Data Standards.--
       ``(1) Common identifiers; quality.--The data standards 
     established in the final rules promulgated under subsection 
     (b) shall--
       ``(A) include common identifiers for collections of 
     information reported to covered agencies or collected on 
     behalf of the Council, which shall include a common 
     nonproprietary legal entity identifier that is available 
     under an open license for all entities required to report to 
     covered agencies; and
       ``(B) to the extent practicable--
       ``(i) render data fully searchable and machine-readable;
       ``(ii) enable high quality data through schemas, with 
     accompanying metadata documented in machine-readable taxonomy 
     or ontology models, which clearly define the semantic meaning 
     of the data, as defined by the underlying regulatory 
     information collection requirements;
       ``(iii) ensure that a data element or data asset that 
     exists to satisfy an underlying regulatory information 
     collection requirement be consistently identified as such in 
     associated machine-readable metadata;
       ``(iv) be nonproprietary or made available under an open 
     license;
       ``(v) incorporate standards developed and maintained by 
     voluntary consensus standards bodies; and
       ``(vi) use, be consistent with, and implement applicable 
     accounting and reporting principles.
       ``(2) Consultation; interoperability.--In establishing data 
     standards in the final rules promulgated under subsection 
     (b), the heads of the covered agencies shall--
       ``(A) consult with other Federal departments and agencies 
     and multi-agency initiatives responsible for Federal data 
     standards; and
       ``(B) seek to promote interoperability of financial 
     regulatory data across members of the Council.
       ``(d) Effective Date.--The data standards established in 
     the final rules promulgated under subsection (b) shall take 
     effect not later than 2 years after the date on which those 
     final rules are promulgated under that subsection.''.
       (b) Clerical Amendment.--The table of contents under 
     section 1(b) of the Dodd-Frank Wall Street Reform and 
     Consumer Protection Act is amended by inserting after the 
     item relating to section 123 the following:

``Sec. 124. Data standards.''.

     SEC. 5102. OPEN DATA PUBLICATION BY THE DEPARTMENT OF THE 
                   TREASURY.

       (a) In General.--Subtitle A of the Financial Stability Act 
     of 2010 (12 U.S.C. 5321 et seq.), as amended by section 
     5101(a), is further amended by adding at the end the 
     following:

     ``SEC. 125. OPEN DATA PUBLICATION.

       ``All public data assets published by the Secretary under 
     this subtitle shall be--
       ``(1) made available as an open Government data asset (as 
     defined in section 3502 of title 44, United States Code);
       ``(2) freely available for download in bulk;
       ``(3) rendered in a human-readable format; and
       ``(4) accessible via application programming interface 
     where appropriate.''.
       (b) Clerical Amendment.--The table of contents under 
     section 1(b) of the Dodd-

[[Page S5260]]

     Frank Wall Street Reform and Consumer Protection Act, as 
     amended by section 5101(b), is further amended by inserting 
     after the item relating to section 124 the following:

``Sec. 125. Open data publication.''.
       (c) Rulemaking.--The Secretary of the Treasury shall issue 
     rules to carry out the amendments made by this section, which 
     shall take effect not later than 2 years after the date on 
     which final rules are promulgated under section 124(b) of the 
     Financial Stability Act of 2010, as added by section 5101(a) 
     of this division.

     SEC. 5103. NO NEW DISCLOSURE REQUIREMENTS.

       Nothing in this title, or the amendments made by this 
     title, shall be construed to require the Secretary of the 
     Treasury to collect or make publicly available additional 
     information under the Financial Stability Act of 2010 (12 
     U.S.C. 5311 et seq.), beyond information that was collected 
     or made publicly available under that Act, as of the day 
     before the date of enactment of this Act.

             TITLE LII--SECURITIES AND EXCHANGE COMMISSION

     SEC. 5201. DATA STANDARDS REQUIREMENTS FOR THE SECURITIES AND 
                   EXCHANGE COMMISSION.

       (a) Data Standards for Investment Advisers' Reports Under 
     the Investment Advisers Act of 1940.--Section 204 of the 
     Investment Advisers Act of 1940 (15 U.S.C. 80b-4) is 
     amended--
       (1) by redesignating the second subsection (d) (relating to 
     Records of Persons With Custody of Use) as subsection (e); 
     and
       (2) by adding at the end the following:
       ``(f) Data Standards for Reports Filed Under This 
     Section.--
       ``(1) Requirement.--The Commission shall, by rule, adopt 
     data standards for all reports filed by investment advisers 
     with the Commission under this section.
       ``(2) Consistency.--The data standards required under 
     paragraph (1) shall incorporate, and ensure compatibility 
     with (to the extent feasible), all applicable data standards 
     established in the rules promulgated under section 124 of the 
     Financial Stability Act of 2010, including, to the extent 
     practicable, by having the characteristics described in 
     clauses (i) through (vi) of subsection (c)(1)(B) of such 
     section 124.''.
       (b) Data Standards for Registration Statements and Reports 
     Under the Investment Company Act of 1940.--The Investment 
     Company Act of 1940 (15 U.S.C. 80a-1 et seq.) is amended--
       (1) in section 8 (15 U.S.C. 80a-8), by adding at the end 
     the following:
       ``(g) Data Standards for Registration Statements.--
       ``(1) Requirement.--The Commission shall, by rule, adopt 
     data standards for all registration statements required to be 
     filed with the Commission under this section, except that the 
     Commission may exempt exhibits, signatures, and 
     certifications from those data standards.
       ``(2) Consistency.--The data standards required under 
     paragraph (1) shall incorporate, and ensure compatibility 
     with (to the extent feasible), all applicable data standards 
     established in the rules promulgated under section 124 of the 
     Financial Stability Act of 2010, including, to the extent 
     practicable, by having the characteristics described in 
     clauses (i) through (vi) of subsection (c)(1)(B) of such 
     section 124.''; and
       (2) in section 30 (15 U.S.C. 80a-29), by adding at the end 
     the following:
       ``(k) Data Standards for Reports.--
       ``(1) Requirement.--The Commission shall, by rule, adopt 
     data standards for all reports required to be filed with the 
     Commission under this section, except that the Commission may 
     exempt exhibits, signatures, and certifications from those 
     data standards.
       ``(2) Consistency.--The data standards required under 
     paragraph (1) shall incorporate, and ensure compatibility 
     with (to the extent feasible), all applicable data standards 
     established in the rules promulgated under section 124 of the 
     Financial Stability Act of 2010, including, to the extent 
     practicable, by having the characteristics described in 
     clauses (i) through (vi) of subsection (c)(1)(B) of such 
     section 124.''.
       (c) Data Standards for Information Required To Be Submitted 
     or Published by Nationally Recognized Statistical Rating 
     Organizations.--Section 15E of the Securities Exchange Act of 
     1934 (15 U.S.C. 78o-7) is amended by adding at the end the 
     following:
       ``(w) Data Standards for Information Required To Be 
     Submitted or Published Under This Section.--
       ``(1) Requirement.--The Commission shall, by rule, adopt 
     data standards for all collections of information required to 
     be submitted or published by a nationally recognized 
     statistical rating organization under this section.
       ``(2) Consistency.--The data standards required under 
     paragraph (1) shall incorporate, and ensure compatibility 
     with (to the extent feasible), all applicable data standards 
     established in the rules promulgated under section 124 of the 
     Financial Stability Act of 2010, including, to the extent 
     practicable, by having the characteristics described in 
     clauses (i) through (vi) of subsection (c)(1)(B) of such 
     section 124.''.
       (d) Data Standards for Asset-Backed Securities 
     Disclosures.--Section 7(c) of the Securities Act of 1933 (15 
     U.S.C. 77g(c)) is amended by adding at the end the following:
       ``(3) Data standards for asset-backed securities 
     disclosures.--
       ``(A) Requirement.--The Commission shall, by rule, adopt 
     data standards for all disclosures required under this 
     subsection.
       ``(B) Consistency.--The data standards required under 
     subparagraph (A) shall incorporate, and ensure compatibility 
     with (to the extent feasible), all applicable data standards 
     established in the rules promulgated under section 124 of the 
     Financial Stability Act of 2010, including, to the extent 
     practicable, by having the characteristics described in 
     clauses (i) through (vi) of subsection (c)(1)(B) of such 
     section 124.''.
       (e) Data Standards for Corporate Disclosures Under the 
     Securities Act of 1933.--Title I of the Securities Act of 
     1933 (15 U.S.C. 77a et seq.) is amended by adding at the end 
     the following:

     ``SEC. 29. DATA STANDARDS.

       ``(a) Requirement.--The Commission shall, by rule, adopt 
     data standards for all registration statements, and for all 
     prospectuses included in registration statements, required to 
     be filed with the Commission under this title, except that 
     the Commission may exempt exhibits, signatures, and 
     certifications from those data standards.
       ``(b) Consistency.--The data standards required under 
     subsection (a) shall incorporate, and ensure compatibility 
     with (to the extent feasible), all applicable data standards 
     established in the rules promulgated under section 124 of the 
     Financial Stability Act of 2010, including, to the extent 
     practicable, by having the characteristics described in 
     clauses (i) through (vi) of subsection (c)(1)(B) of such 
     section 124.''.
       (f) Data Standards for Periodic and Current Corporate 
     Disclosures Under the Securities Exchange Act of 1934.--
     Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 
     78m) is amended by adding at the end the following:
       ``(s) Data Standards.--
       ``(1) Requirement.--The Commission shall, by rule, adopt 
     data standards for all collections of information with 
     respect to periodic and current reports required to be filed 
     or furnished under this section or under section 15(d), 
     except that the Commission may exempt exhibits, signatures, 
     and certifications from those data standards.
       ``(2) Consistency.--The data standards required under 
     paragraph (1) shall incorporate, and ensure compatibility 
     with (to the extent feasible), all applicable data standards 
     established in the rules promulgated under section 124 of the 
     Financial Stability Act of 2010, including, to the extent 
     practicable, by having the characteristics described in 
     clauses (i) through (vi) of subsection (c)(1)(B) of such 
     section 124.''.
       (g) Data Standards for Corporate Proxy and Consent 
     Solicitation Materials Under the Securities Exchange Act of 
     1934.--Section 14 of the Securities Exchange Act of 1934 (15 
     U.S.C. 78n) is amended by adding at the end the following:
       ``(k) Data Standards for Proxy and Consent Solicitation 
     Materials.--
       ``(1) Requirement.--The Commission shall, by rule, adopt 
     data standards for all information contained in any proxy or 
     consent solicitation material prepared by an issuer for an 
     annual meeting of the shareholders of the issuer, except that 
     the Commission may exempt exhibits, signatures, and 
     certifications from those data standards.
       ``(2) Consistency.--The data standards required under 
     paragraph (1) shall incorporate, and ensure compatibility 
     with (to the extent feasible), all applicable data standards 
     established in the rules promulgated under section 124 of the 
     Financial Stability Act of 2010, including, to the extent 
     practicable, by having the characteristics described in 
     clauses (i) through (vi) of subsection (c)(1)(B) of such 
     section 124.''.
       (h) Data Standards for Security-Based Swap Reporting.--The 
     Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is 
     amended by adding at the end the following:

     ``SEC. 41. DATA STANDARDS FOR SECURITY-BASED SWAP REPORTING.

       ``(a) Requirement.--The Commission shall, by rule, adopt 
     data standards for all reports related to security-based 
     swaps that are required under this Act.
       ``(b) Consistency.--The data standards required under 
     subsection (a) shall incorporate, and ensure compatibility 
     with (to the extent feasible), all applicable data standards 
     established in the rules promulgated under section 124 of the 
     Financial Stability Act of 2010, including, to the extent 
     practicable, by having the characteristics described in 
     clauses (i) through (vi) of subsection (c)(1)(B) of such 
     section 124.''.
       (i) Rulemaking.--
       (1) In general.--The rules that the Securities and Exchange 
     Commission are required to issue under the amendments made by 
     this section shall take effect not later than 2 years after 
     the date on which final rules are promulgated under section 
     124(b) of the Financial Stability Act of 2010, as added by 
     section 5101(a) of this division.
       (2) Scaling of regulatory requirements; minimizing 
     disruption.--In issuing the rules required under the 
     amendments made by this section, as described in paragraph 
     (1), the Securities and Exchange Commission--
       (A) may scale data reporting requirements in order to 
     reduce any unjustified burden on emerging growth companies, 
     lending institutions, accelerated filers, smaller reporting 
     companies, and other smaller issuers, as determined by any 
     study required under section 5205(b), while still providing 
     searchable information to investors; and
       (B) shall seek to minimize disruptive changes to the 
     persons affected by those rules.

[[Page S5261]]

  


     SEC. 5202. OPEN DATA PUBLICATION BY THE SECURITIES AND 
                   EXCHANGE COMMISSION.

       Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 
     78d) is amended by adding at the end the following:
       ``(k) Open Data Publication.--All public data assets 
     published by the Commission under the securities laws and the 
     Dodd-Frank Wall Street Reform and Consumer Protection Act 
     (Public Law 111-203; 124 Stat. 1376) shall be--
       ``(1) made available as an open Government data asset (as 
     defined in section 3502 of title 44, United States Code);
       ``(2) freely available for download in bulk;
       ``(3) rendered in a human-readable format; and
       ``(4) accessible via application programming interface 
     where appropriate.''.

     SEC. 5203. DATA TRANSPARENCY AT THE MUNICIPAL SECURITIES 
                   RULEMAKING BOARD.

       (a) In General.--Section 15B(b) of the Securities Exchange 
     Act of 1934 (15 U.S.C. 78o-4(b)) is amended by adding at the 
     end the following:
       ``(8)(A) If the Board establishes information systems under 
     paragraph (3), the Board shall adopt data standards for 
     information submitted through those systems.
       ``(B) Any data standards adopted under subparagraph (A) 
     shall incorporate, and ensure compatibility with (to the 
     extent feasible), all applicable data standards established 
     in the rules promulgated under section 124 of the Financial 
     Stability Act of 2010, including, to the extent practicable, 
     by having the characteristics described in clauses (i) 
     through (vi) of subsection (c)(1)(B) of such section 124.''.
       (b) Rulemaking.--
       (1) In general.--Not later than 2 years after the date on 
     which final rules are promulgated under section 124(b) of the 
     Financial Stability Act of 2010, as added by section 5101(a) 
     of this division, the Municipal Securities Rulemaking Board 
     shall issue rules to adopt the standards required under 
     paragraph (8) of section 15B(b) of the Securities Exchange 
     Act of 1934 (15 U.S.C. 78o-4(b)), as added by subsection (a), 
     if the Board has established information systems under 
     paragraph (3) of such section 15B(b).
       (2) Scaling of regulatory requirements; minimizing 
     disruption.--In issuing the rules described in paragraph (1), 
     the Municipal Securities Rulemaking Board--
       (A) may scale data reporting requirements in order to 
     reduce any unjustified burden on smaller regulated entities; 
     and
       (B) shall seek to minimize disruptive changes to the 
     persons affected by those regulations.

     SEC. 5204. DATA TRANSPARENCY AT NATIONAL SECURITIES 
                   ASSOCIATIONS.

       (a) In General.--Section 15A of the Securities Exchange Act 
     of 1934 (15 U.S.C. 78o-3) is amended by adding at the end the 
     following:
       ``(n) Data Standards.--
       ``(1) Requirement.--A national securities association 
     registered pursuant to subsection (a) shall adopt data 
     standards for all information that is regularly filed with or 
     submitted to the association.
       ``(2) Consistency.--The data standards required under 
     paragraph (1) shall incorporate, and ensure compatibility 
     with (to the extent feasible), all applicable data standards 
     established in the rules promulgated under section 124 of the 
     Financial Stability Act of 2010, including, to the extent 
     practicable, by having the characteristics described in 
     clauses (i) through (vi) of subsection (c)(1)(B) of such 
     section 124.''.
       (b) Rulemaking.--
       (1) In general.--Not later than 2 years after the date on 
     which final rules are promulgated under section 124(b) of the 
     Financial Stability Act of 2010, as added by section 5101(a) 
     of this division, each national securities association 
     registered pursuant to section 15A(a) of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78o-3(a)) shall issue rules 
     to adopt the standards required under subsection (n) of 
     section 15A of the Securities Exchange Act of 1934 (15 U.S.C. 
     78o-3), as added by subsection (a) of this section.
       (2) Scaling of regulatory requirements; minimizing 
     disruption.--In issuing the rules required under paragraph 
     (1), a national securities association described in that 
     paragraph--
       (A) may scale data reporting requirements in order to 
     reduce any unjustified burden on smaller regulated entities; 
     and
       (B) shall seek to minimize disruptive changes to the 
     persons affected by those standards.

     SEC. 5205. SHORTER-TERM BURDEN REDUCTION AND DISCLOSURE 
                   SIMPLIFICATION AT THE SECURITIES AND EXCHANGE 
                   COMMISSION; SUNSET.

       (a) Better Enforcement of the Quality of Corporate 
     Financial Data Submitted to the Securities and Exchange 
     Commission.--
       (1) Data quality improvement program.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Securities and Exchange Commission 
     shall establish a program to improve the quality of corporate 
     financial data filed or furnished by issuers under the 
     Securities Act of 1933 (15 U.S.C. 77a et seq.), the 
     Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), and 
     the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.).
       (B) Contents.--The program established under subparagraph 
     (A) shall include the following:
       (i) The designation of an official in the Office of the 
     Chairman of the Securities and Exchange Commission 
     responsible for the improvement of the quality of data filed 
     with or furnished to the Commission by issuers.
       (ii) The issuance by the Division of Corporation Finance of 
     the Securities and Exchange Commission of comment letters 
     requiring correction of errors in data filings and 
     submissions, where necessary.
       (2) Goals.--In establishing the program required under this 
     subsection, the Securities and Exchange Commission shall seek 
     to--
       (A) improve the quality of data filed with or furnished to 
     the Commission to a commercially acceptable level; and
       (B) make data filed with or furnished to the Commission 
     useful to investors.
       (b) Report on the Use of Machine-Readable Data for 
     Corporate Disclosures.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, and once every 180 days thereafter, 
     the Securities and Exchange 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 regarding the public and internal 
     use of machine-readable data for corporate disclosures.
       (2) Content.--Each report required under paragraph (1) 
     shall include--
       (A) an identification of which corporate disclosures 
     required under section 7 of the Securities Act of 1933 (15 
     U.S.C. 77g), section 13 of the Securities Exchange Act of 
     1934 (15 U.S.C. 78m), and section 14 of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78n) are expressed as 
     machine-readable data and which are not;
       (B) an analysis of the costs and benefits of the use of 
     machine-readable data in corporate disclosure to investors, 
     markets, the Securities and Exchange Commission, and issuers;
       (C) a summary of enforcement actions that result from the 
     use or analysis of machine-readable data collected under the 
     provisions of law described in subparagraph (A); and
       (D) an analysis of how the Securities and Exchange 
     Commission uses the machine-readable data collected by the 
     Commission.
       (c) Sunset.--Beginning on the date that is 7 years after 
     the date of enactment of this Act, this section shall have no 
     force or effect.

     SEC. 5206. NO NEW DISCLOSURE REQUIREMENTS.

       Nothing in this title, or the amendments made by this 
     title, shall be construed to require the Securities and 
     Exchange Commission, the Municipal Securities Rulemaking 
     Board, or any national securities association to collect or 
     make publicly available additional information under the 
     provisions of law amended by this title (or under any 
     provision of law referenced in an amendment made by this 
     title), beyond information that was collected or made 
     publicly available under any such provision, as of the day 
     before the date of enactment of this Act.

           TITLE LIII--FEDERAL DEPOSIT INSURANCE CORPORATION

     SEC. 5301. DATA STANDARDS REQUIREMENTS FOR THE FEDERAL 
                   DEPOSIT INSURANCE CORPORATION.

       The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) 
     is amended by adding at the end the following:

     ``SEC. 52. DATA STANDARDS.

       ``(a) Definition.--In this section, the term `financial 
     company' has the meaning given the term in section 201(a) of 
     the Dodd-Frank Wall Street Reform and Consumer Protection Act 
     (12 U.S.C. 5381(a)).
       ``(b) Requirement.--The Corporation shall, by rule, adopt 
     data standards for all collections of information with 
     respect to information received by the Corporation from any 
     depository institution or financial company under this Act or 
     under title II of the Dodd-Frank Wall Street Reform and 
     Consumer Protection Act (12 U.S.C. 5381 et seq.).
       ``(c) Consistency.--The data standards required under 
     subsection (b) shall incorporate, and ensure compatibility 
     with (to the extent feasible), all applicable data standards 
     established in the rules promulgated under section 124 of the 
     Financial Stability Act of 2010, including, to the extent 
     practicable, by having the characteristics described in 
     clauses (i) through (vi) of subsection (c)(1)(B) of such 
     section 124.''.

     SEC. 5302. OPEN DATA PUBLICATION BY THE FEDERAL DEPOSIT 
                   INSURANCE CORPORATION.

       The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.), 
     as amended by section 5301, is further amended by adding at 
     the end the following:

     ``SEC. 53. OPEN DATA PUBLICATION.

       ``All public data assets published by the Corporation under 
     this Act or under the Dodd-Frank Wall Street Reform and 
     Consumer Protection Act (Public Law 111-203; 124 Stat. 1376) 
     shall be--
       ``(1) made available as an open Government data asset (as 
     defined in section 3502 of title 44, United States Code);
       ``(2) freely available for download in bulk;
       ``(3) rendered in a human-readable format; and
       ``(4) accessible via application programming interface 
     where appropriate.''.

     SEC. 5303. RULEMAKING.

       (a) In General.--The Federal Deposit Insurance Corporation 
     shall issue rules to carry out the amendments made by this 
     title, which shall take effect not later than 2 years after 
     the date on which final rules are promulgated under section 
     124(b) of the Financial Stability Act of 2010, as added by 
     section 5101(a) of this division.

[[Page S5262]]

       (b) Scaling of Regulatory Requirements; Minimizing 
     Disruption.--In issuing the rules required under subsection 
     (a), the Federal Deposit Insurance Corporation--
       (1) may scale data reporting requirements in order to 
     reduce any unjustified burden on smaller regulated entities; 
     and
       (2) shall seek to minimize disruptive changes to the 
     persons affected by those regulations.

     SEC. 5304. NO NEW DISCLOSURE REQUIREMENTS.

       Nothing in this title, or the amendments made by this 
     title, shall be construed to require the Federal Deposit 
     Insurance Corporation to collect or make publicly available 
     additional information under the Acts amended by this title 
     (or under any provision of law referenced in an amendment 
     made by this title), beyond information that was collected or 
     made publicly available under any such provision, as of the 
     day before the date of enactment of this Act.

          TITLE LIV--OFFICE OF THE COMPTROLLER OF THE CURRENCY

     SEC. 5401. DATA STANDARDS AND OPEN DATA PUBLICATION 
                   REQUIREMENTS FOR THE OFFICE OF THE COMPTROLLER 
                   OF THE CURRENCY.

       The Revised Statutes of the United States is amended by 
     inserting after section 332 (12 U.S.C. 14) the following:

     ``SEC. 333. DATA STANDARDS; OPEN DATA PUBLICATION.

       ``(a) Data Standards.--
       ``(1) Requirement.--The Comptroller of the Currency shall, 
     by rule, adopt data standards for all collections of 
     information that are regularly filed with or submitted to the 
     Comptroller of the Currency by any entity with respect to 
     which the Office of the Comptroller of the Currency is the 
     appropriate Federal banking agency (as defined in section 3 
     of the Federal Deposit Insurance Act (12 U.S.C. 1813)).
       ``(2) Consistency.--The data standards required under 
     paragraph (1) shall incorporate, and ensure compatibility 
     with (to the extent feasible), all applicable data standards 
     established in the rules promulgated under section 124 of the 
     Financial Stability Act of 2010, including, to the extent 
     practicable, by having the characteristics described in 
     clauses (i) through (vi) of subsection (c)(1)(B) of such 
     section 124.
       ``(b) Open Data Publication.--All public data assets 
     published by the Comptroller of the Currency under title LXII 
     or the Dodd-Frank Wall Street Reform and Consumer Protection 
     Act (Public Law 111-203; 124 Stat. 1376) shall be--
       ``(1) made available as an open Government data asset (as 
     defined in section 3502 of title 44, United States Code);
       ``(2) freely available for download in bulk;
       ``(3) rendered in a human-readable format; and
       ``(4) accessible via application programming interface 
     where appropriate.''.

     SEC. 5402. RULEMAKING.

       (a) In General.--The Comptroller of the Currency shall 
     issue rules to carry out the amendments made by section 5401, 
     which shall take effect not later than 2 years after the date 
     on which final rules are promulgated under section 124(b) of 
     the Financial Stability Act of 2010, as added by section 
     5101(a) of this division.
       (b) Scaling of Regulatory Requirements; Minimizing 
     Disruption.--In issuing the rules required under subsection 
     (a), the Comptroller of the Currency--
       (1) may scale data reporting requirements in order to 
     reduce any unjustified burden on smaller regulated entities; 
     and
       (2) shall seek to minimize disruptive changes to the 
     persons affected by those regulations.

     SEC. 5403. NO NEW DISCLOSURE REQUIREMENTS.

       Nothing in this title, or the amendments made by this 
     title, shall be construed to require the Comptroller of the 
     Currency to collect or make publicly available additional 
     information under the Revised Statutes of the United States 
     (or under any other provision of law referenced in an 
     amendment made by this title), beyond information that was 
     collected or made publicly available under any such provision 
     of law, as of the day before the date of enactment of this 
     Act.

           TITLE LV--BUREAU OF CONSUMER FINANCIAL PROTECTION

     SEC. 5501. DATA STANDARDS AND OPEN DATA PUBLICATION 
                   REQUIREMENTS FOR THE BUREAU OF CONSUMER 
                   FINANCIAL PROTECTION.

       (a) In General.--Subtitle A of the Consumer Financial 
     Protection Act of 2010 (12 U.S.C. 5491 et seq.) is amended 
     by--
       (1) redesignating section 1018 (12 U.S.C. 5491 note) as 
     section 1020; and
       (2) by inserting after section 1017 (12 U.S.C. 5497) the 
     following:

     ``SEC. 1018. DATA STANDARDS.

       ``(a) Requirement.--The Bureau shall, by rule, adopt data 
     standards for all collections of information that are 
     regularly filed with or submitted to the Bureau.
       ``(b) Consistency.--The data standards required under 
     subsection (a) shall incorporate, and ensure compatibility 
     with (to the extent feasible), all applicable data standards 
     established in the rules promulgated under section 124 of the 
     Financial Stability Act of 2010, including, to the extent 
     practicable, by having the characteristics described in 
     clauses (i) through (vi) of subsection (c)(1)(B) of such 
     section 124.

     ``SEC. 1019. OPEN DATA PUBLICATION.

       ``All public data assets published by the Bureau shall be--
       ``(1) made available as an open Government data asset (as 
     defined in section 3502 of title 44, United States Code);
       ``(2) freely available for download in bulk;
       ``(3) rendered in a human-readable format; and
       ``(4) accessible via application programming interface 
     where appropriate.''.
       (b) Clerical Amendment.--The table of contents under 
     section 1(b) of the Dodd-Frank Wall Street Reform and 
     Consumer Protection Act is amended by striking the item 
     relating to section 1018 and inserting the following:

``Sec. 1018. Data standards.
``Sec. 1019. Open data publication.
``Sec. 1020. Effective date.''.

     SEC. 5502. RULEMAKING.

       (a) In General.--The Director of the Bureau of Consumer 
     Financial Protection shall issue rules to carry out the 
     amendments made by section 5501, which shall take effect not 
     later than 2 years after the date on which final rules are 
     promulgated under section 124(b) of the Financial Stability 
     Act of 2010, as added by section 5101(a) of this division.
       (b) Scaling of Regulatory Requirements; Minimizing 
     Disruption.--In issuing the rules required under subsection 
     (a), the Director of the Bureau of Consumer Financial 
     Protection--
       (1) may scale data reporting requirements in order to 
     reduce any unjustified burden on smaller regulated entities; 
     and
       (2) shall seek to minimize disruptive changes to the 
     persons affected by those regulations.

     SEC. 5503. NO NEW DISCLOSURE REQUIREMENTS.

       Nothing in this title, or the amendments made by this 
     title, shall be construed to require the Bureau of Consumer 
     Financial Protection to collect or make publicly available 
     additional information under the Consumer Financial 
     Protection Act of 2010 (12 U.S.C. 5481 et seq.), beyond 
     information that was collected or made publicly available 
     under that Act, as of the day before the date of enactment of 
     this Act.

                   TITLE LVI--FEDERAL RESERVE SYSTEM

     SEC. 5601. DATA STANDARDS REQUIREMENTS FOR THE BOARD OF 
                   GOVERNORS OF THE FEDERAL RESERVE SYSTEM.

       (a) Data Standards for Information Filed or Submitted by 
     Nonbank Financial Companies.--Section 161(a) of the Financial 
     Stability Act of 2010 (12 U.S.C. 5361(a)) is amended by 
     adding at the end the following:
       ``(4) Data standards for reports under this subsection.--
       ``(A) In general.--The Board of Governors shall adopt data 
     standards for all information that, through a collection of 
     information, is regularly filed with or submitted to the 
     Board of Governors under this subsection by any nonbank 
     financial company supervised by the Board of Governors or any 
     subsidiary thereof.
       ``(B) Consistency.--The data standards required under 
     subparagraph (A) shall incorporate, and ensure compatibility 
     with (to the extent feasible), all applicable data standards 
     established in the rules promulgated under section 124, 
     including, to the extent practicable, by having the 
     characteristics described in clauses (i) through (vi) of 
     subsection (c)(1)(B) of section 124.''.
       (b) Data Standards for Information Filed or Submitted by 
     Savings and Loan Holding Companies.--Section 10 of the Home 
     Owners' Loan Act (12 U.S.C. 1467a) is amended by adding at 
     the end the following:
       ``(u) Data Standards.--
       ``(1) Requirement.--The Board shall adopt data standards 
     for all information that, through a collection of 
     information, is regularly filed with or submitted to the 
     Board by any savings and loan holding company, or subsidiary 
     of a savings and loan holding company, other than a 
     depository institution, under this section.
       ``(2) Consistency.--The data standards required under 
     paragraph (1) shall incorporate, and ensure compatibility 
     with (to the extent feasible), all applicable data standards 
     established in the rules promulgated under section 124 of the 
     Financial Stability Act of 2010, including, to the extent 
     practicable, by having the characteristics described in 
     clauses (i) through (vi) of subsection (c)(1)(B) of such 
     section 124.''.
       (c) Data Standards for Information Filed or Submitted by 
     Bank Holding Companies.--Section 5 of the Bank Holding 
     Company Act of 1956 (12 U.S.C. 1844) is amended by adding at 
     the end the following:
       ``(h) Data Standards.--
       ``(1) Requirement.--The Board shall adopt data standards 
     for all information that, through a collection of 
     information, is regularly filed with or submitted to the 
     Board by any bank holding company in a report under 
     subsection (c).
       ``(2) Consistency.--The data standards required under 
     paragraph (1) shall incorporate, and ensure compatibility 
     with (to the extent feasible), all applicable data standards 
     established in the rules promulgated under section 124 of the 
     Financial Stability Act of 2010, including, to the extent 
     practicable, by having the characteristics described in 
     clauses (i) through (vi) of subsection (c)(1)(B) of such 
     section 124.''.
       (d) Data Standards for Information Submitted by Financial 
     Market Utilities or Institutions Under the Payment, Clearing, 
     and Settlement Supervision Act of 2010.--Section 809 of the 
     Payment, Clearing, and Settlement Supervision Act of 2010 (12 
     U.S.C. 5468) is amended by adding at the end the following:

[[Page S5263]]

       ``(h) Data Standards.--
       ``(1) Requirement.--The Board of Governors shall adopt data 
     standards for all information that, through a collection of 
     information, is regularly filed with or submitted to the 
     Board or the Council by any financial market utility or 
     financial institution under subsection (a) or (b).
       ``(2) Consistency.--The data standards required under 
     paragraph (1) shall incorporate, and ensure compatibility 
     with (to the extent feasible), all applicable data standards 
     established in the rules promulgated under section 124 of the 
     Financial Stability Act of 2010, including, to the extent 
     practicable, by having the characteristics described in 
     clauses (i) through (vi) of subsection (c)(1)(B) of such 
     section 124.''.

     SEC. 5602. OPEN DATA PUBLICATION BY THE BOARD OF GOVERNORS OF 
                   THE FEDERAL RESERVE SYSTEM.

       The Federal Reserve Act (12 U.S.C. 226 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 32. OPEN DATA PUBLICATION BY THE BOARD OF GOVERNORS.

       ``All public data assets published by the Board of 
     Governors under this Act, the Bank Holding Company Act of 
     1956 (12 U.S.C. 1841 et seq.), the Financial Stability Act of 
     2010 (12 U.S.C. 5311 et seq.), the Home Owners' Loan Act (12 
     U.S.C. 1461 et seq.), the Payment, Clearing, and Settlement 
     Supervision Act of 2010 (12 U.S.C. 5461 et seq.), or the 
     Enhancing Financial Institution Safety and Soundness Act of 
     2010 (title III of Public Law 111-203) (or any provision of 
     law amended by that Act) shall be--
       ``(1) made available as an open Government data asset (as 
     defined in section 3502 of title 44, United States Code);
       ``(2) freely available for download in bulk;
       ``(3) rendered in a human-readable format; and
       ``(4) accessible via application programming interface 
     where appropriate.''.

     SEC. 5603. RULEMAKING.

       (a) In General.--The Board of Governors of the Federal 
     Reserve System shall issue rules to carry out the amendments 
     made by this title, which shall take effect not later than 2 
     years after the date on which final rules are promulgated 
     under section 124(b) of the Financial Stability Act of 2010, 
     as added by section 5101(a) of this division.
       (b) Scaling of Regulatory Requirements; Minimizing 
     Disruption.--In issuing the rules required under subsection 
     (a), the Board of Governors of the Federal Reserve System--
       (1) may scale data reporting requirements in order to 
     reduce any unjustified burden on smaller regulated entities; 
     and
       (2) shall seek to minimize disruptive changes to the 
     persons affected by those regulations.

     SEC. 5604. NO NEW DISCLOSURE REQUIREMENTS.

       Nothing in this title, or the amendments made by this 
     title, shall be construed to require the Board of Governors 
     of the Federal Reserve System to collect or make publicly 
     available additional information under any Act amended by 
     this title, any Act referenced in an amendment made by this 
     title, or any Act amended by an Act referenced in an 
     amendment made by this title, beyond information that was 
     collected or made publicly available under any such provision 
     of law, as of the day before the date of enactment of this 
     Act.

            TITLE LVII--NATIONAL CREDIT UNION ADMINISTRATION

     SEC. 5701. DATA STANDARDS.

       Title I of the Federal Credit Union Act (12 U.S.C. 1752 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 132. DATA STANDARDS.

       ``(a) Requirement.--The Board shall, by rule, adopt data 
     standards for all collections of information and reports 
     regularly filed with or submitted to the Administration under 
     this Act.
       ``(b) Consistency.--The data standards required under 
     subsection (a) shall incorporate, and ensure compatibility 
     with (to the extent feasible), all applicable data standards 
     established in the rules promulgated under section 124 of the 
     Financial Stability Act of 2010, including, to the extent 
     practicable, by having the characteristics described in 
     clauses (i) through (vi) of subsection (c)(1)(B) of such 
     section 124.''.

     SEC. 5702. OPEN DATA PUBLICATION BY THE NATIONAL CREDIT UNION 
                   ADMINISTRATION.

       Title I of the Federal Credit Union Act (12 U.S.C. 1752 et 
     seq.), as amended by section 5701, is further amended by 
     adding at the end the following:

     ``SEC. 133. OPEN DATA PUBLICATION.

       ``All public data assets published by the Administration 
     under this title shall be--
       ``(1) made available as an open Government data asset (as 
     defined in section 3502 of title 44, United States Code);
       ``(2) freely available for download in bulk;
       ``(3) rendered in a human-readable format; and
       ``(4) accessible via application programming interface 
     where appropriate.''.

     SEC. 5703. RULEMAKING.

       (a) In General.--The National Credit Union Administration 
     Board shall issue rules to carry out the amendments made by 
     this title, which shall take effect not later than 2 years 
     after the date on which final rules are promulgated under 
     section 124(b) of the Financial Stability Act of 2010, as 
     added by section 5101(a) of this division.
       (b) Scaling of Regulatory Requirements; Minimizing 
     Disruption.--In issuing the rules required under subsection 
     (a), the National Credit Union Administration Board--
       (1) may scale data reporting requirements in order to 
     reduce any unjustified burden on smaller regulated entities; 
     and
       (2) shall seek to minimize disruptive changes to the 
     persons affected by those regulations.

     SEC. 5704. NO NEW DISCLOSURE REQUIREMENTS.

       Nothing in this title, or the amendments made by this 
     title, shall be construed to require the National Credit 
     Union Administration Board to collect or make publicly 
     available additional information under the Federal Credit 
     Union Act (12 U.S.C. 1751 et seq.), beyond information that 
     was collected or made publicly available under that Act, as 
     of the day before the date of enactment of this Act.

              TITLE LVIII--FEDERAL HOUSING FINANCE AGENCY

     SEC. 5801. DATA STANDARDS REQUIREMENTS FOR THE FEDERAL 
                   HOUSING FINANCE AGENCY.

       Part 1 of subtitle A of the Federal Housing Enterprises 
     Financial Safety and Soundness Act of 1992 (12 U.S.C. 4511 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 1319H. DATA STANDARDS.

       ``(a) Requirement.--The Agency shall, by rule, adopt data 
     standards for all collections of information that are 
     regularly filed with or submitted to the Agency.
       ``(b) Consistency.--The data standards required under 
     subsection (a) shall incorporate, and ensure compatibility 
     with (to the extent feasible), all applicable data standards 
     established in the rules promulgated under section 124 of the 
     Financial Stability Act of 2010, including, to the extent 
     practicable, by having the characteristics described in 
     clauses (i) through (vi) of subsection (c)(1)(B) of such 
     section 124.''.

     SEC. 5802. OPEN DATA PUBLICATION BY THE FEDERAL HOUSING 
                   FINANCE AGENCY.

       Part 1 of subtitle A of the Federal Housing Enterprises 
     Financial Safety and Soundness Act of 1992 (12 U.S.C. 4511 et 
     seq.), as amended by section 5801, is further amended by 
     adding at the end the following:

     ``SEC. 1319I. OPEN DATA PUBLICATION.

       ``All public data assets published by the Agency shall be--
       ``(1) made available as an open Government data asset (as 
     defined in section 3502 of title 44, United States Code);
       ``(2) freely available for download in bulk;
       ``(3) rendered in a human-readable format; and
       ``(4) accessible via application programming interface 
     where appropriate.''.

     SEC. 5803. RULEMAKING.

       (a) In General.--The Director of the Federal Housing 
     Finance Agency shall issue rules to carry out the amendments 
     made by this title, which shall take effect not later than 2 
     years after the date on which final rules are promulgated 
     under section 124(b) of the Financial Stability Act of 2010, 
     as added by section 5101(a) of this division.
       (b) Minimizing Disruption.--In issuing the regulations 
     required under subsection (a), the Director of the Federal 
     Housing Finance Agency shall seek to minimize disruptive 
     changes to the persons affected by those rules.

     SEC. 5804. NO NEW DISCLOSURE REQUIREMENTS.

       Nothing in this title, or the amendments made by this 
     title, shall be construed to require the Federal Housing 
     Finance Agency to collect or make publicly available 
     additional information under the Federal Housing Enterprises 
     Financial Safety and Soundness Act of 1992 (12 U.S.C. 4501 et 
     seq.), beyond information that was collected or made publicly 
     available under that Act, as of the day before the date of 
     enactment of this Act.

                        TITLE LIX--MISCELLANEOUS

     SEC. 5901. RULES OF CONSTRUCTION.

       (a) No Effect on Intellectual Property.--Nothing in this 
     division, or the amendments made by this division, may be 
     construed to alter the existing legal protections of 
     copyrighted material or other intellectual property rights of 
     any non-Federal person.
       (b) No Effect on Monetary Policy.--Nothing in this 
     division, or the amendments made by this division, may be 
     construed to apply to activities conducted, or data standards 
     used, in connection with monetary policy proposed or 
     implemented by the Board of Governors of the Federal Reserve 
     System or the Federal Open Market Committee.
       (c) Preservation of Agency Authority To Tailor 
     Requirements.--Nothing in this division, or the amendments 
     made by this division, may be construed to prohibit the head 
     of a covered agency, as defined in section 124(a) of the 
     Financial Stability Act of 2010, as added by section 5101(a) 
     of this division, from tailoring those standards when those 
     standards are adopted under this division and the amendments 
     made by this division.

     SEC. 5902. CLASSIFIED AND PROTECTED INFORMATION.

       (a) In General.--Nothing in this division, or the 
     amendments made by this division, shall require the 
     disclosure to the public of--
       (1) information that would be exempt from disclosure under 
     section 552 of title 5, United States Code (commonly known as 
     the ``Freedom of Information Act''); or
       (2) information protected under--
       (A) section 552a of title 5, United States Code (commonly 
     known as the ``Privacy Act of 1974''); or
       (B) section 6103 of the Internal Revenue Code of 1986.

[[Page S5264]]

       (b) Existing Agency Regulations.--Nothing in this division, 
     or the amendments made by this division, shall be construed 
     to require the Secretary of the Treasury, the Securities and 
     Exchange Commission, the Federal Deposit Insurance 
     Corporation, the Comptroller of the Currency, the Director of 
     the Bureau of Consumer Financial Protection, the Board of 
     Governors of the Federal Reserve System, the National Credit 
     Union Administration Board, the Director of the Federal 
     Housing Finance Agency, or the head of any other primary 
     financial regulatory agency (as defined in section 2 of the 
     Dodd-Frank Wall Street Reform and Consumer Protection Act (12 
     U.S.C. 5301)) designated by the Secretary of the Treasury to 
     amend existing regulations and procedures regarding the 
     sharing and disclosure of nonpublic information, including 
     confidential supervisory information.

     SEC. 5903. DISCRETIONARY SURPLUS FUND.

       (a) In General.--Section 7(a)(3)(A) of the Federal Reserve 
     Act (12 U.S.C. 289(a)(3)(A)) is amended by striking 
     ``$6,825,000,000'' and inserting ``$6,725,000,000''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on September 30, 2031.

     SEC. 5904. REPORT.

       Not later than 3 years after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     submit to Congress a report on the feasibility, costs, and 
     potential benefits of building upon the taxonomy established 
     by this division, and the amendments made by this division, 
     to arrive at a Federal governmentwide regulatory compliance 
     standardization mechanism similar to Standard Business 
     Reporting.

     SEC. 5905. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this division, 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 division, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.
                                 ______
                                 
  SA 5789. Ms. ROSEN (for herself and Mr. Cornyn) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. IMPROVING CYBERSECURITY OF SMALL ENTITIES.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Small Business Administration.
       (2) Annual cybersecurity report; small business; small 
     entity; small governmental jurisdiction; small 
     organization.--The terms ``annual cybersecurity report'', 
     ``small business'', ``small entity'', ``small governmental 
     jurisdiction'', and ``small organization'' have the meanings 
     given those terms in section 2220E of the Homeland Security 
     Act of 2002, as added by subsection (b).
       (3) CISA.--The term ``CISA'' means the Cybersecurity and 
     Infrastructure Security Agency.
       (4) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (b) Annual Report.--
       (1) Amendment.--Subtitle A of title XXII of the Homeland 
     Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 2220E. ANNUAL CYBERSECURITY REPORT FOR SMALL ENTITIES.

       ``(a) Definitions.--
       ``(1) Administration.--The term `Administration' means the 
     Small Business Administration.
       ``(2) Administrator.--The term `Administrator' means the 
     Administrator of the Administration.
       ``(3) Annual cybersecurity report.--The term `annual 
     cybersecurity report' means the annual cybersecurity report 
     published and promoted under subsections (b) and (c), 
     respectively.
       ``(4) Commission.--The term `Commission' means the Federal 
     Trade Commission.
       ``(5) Electronic device.--The term `electronic device' 
     means any electronic equipment that is--
       ``(A) used by an employee or contractor of a small entity 
     for the purpose of performing work for the small entity;
       ``(B) capable of connecting to the internet or another 
     communication network; and
       ``(C) capable of sending, receiving, or processing personal 
     information.
       ``(6) NIST.--The term `NIST' means the National Institute 
     of Standards and Technology.
       ``(7) Small business.--The term `small business' has the 
     meaning given the term `small business concern' in section 3 
     of the Small Business Act (15 U.S.C. 632).
       ``(8) Small entity.--The term `small entity' means--
       ``(A) a small business;
       ``(B) a small governmental jurisdiction; and
       ``(C) a small organization.
       ``(9) Small governmental jurisdiction.--The term `small 
     governmental jurisdiction' means governments of cities, 
     counties, towns, townships, villages, school districts, or 
     special districts with a population of less than 50,000.
       ``(10) Small organization.--The term `small organization' 
     means any not-for-profit enterprise that is independently 
     owned and operated and is not dominant in its field.
       ``(b) Annual Cybersecurity Report.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this section, and not less frequently than 
     annually thereafter, the Director shall publish a report for 
     small entities that documents and promotes evidence-based 
     cybersecurity policies and controls for use by small 
     entities, which shall--
       ``(A) include basic controls that have the most impact in 
     protecting small entities against common cybersecurity 
     threats and risks;
       ``(B) include protocols and policies to address common 
     cybersecurity threats and risks posed by electronic devices, 
     regardless of whether the electronic devices are--
       ``(i) issued by the small entity to employees and 
     contractors of the small entity; or
       ``(ii) personal to the employees and contractors of the 
     small entity; and
       ``(C) recommend, as practicable--
       ``(i) measures to improve the cybersecurity of small 
     entities; and
       ``(ii) configurations and settings for some of the most 
     commonly used software that can improve the cybersecurity of 
     small entities.
       ``(2) Existing recommendations.--The Director shall ensure 
     that each annual cybersecurity report incorporates--
       ``(A) cybersecurity resources developed by NIST, as 
     required by the NIST Small Business Cybersecurity Act (Public 
     Law 115-236); and
       ``(B) the most recent version of the Cybersecurity 
     Framework, or successor resource, maintained by NIST.
       ``(3) Consideration for specific types of small entities.--
     The Director may include and prioritize the development of 
     cybersecurity recommendations, as required under paragraph 
     (1), appropriate for specific types of small entities in 
     addition to recommendations applicable for all small 
     entities.
       ``(4) Consultation.--In publishing the annual cybersecurity 
     report, the Director shall, to the degree practicable and as 
     appropriate, consult with--
       ``(A) the Administrator, the Secretary of Commerce, the 
     Commission, and the Director of NIST;
       ``(B) small entities, insurers, State governments, 
     companies that work with small entities, and academic and 
     Federal and non-Federal experts in cybersecurity; and
       ``(C) any other entity as determined appropriate by the 
     Director.
       ``(c) Promotion of Annual Cybersecurity Report for Small 
     Businesses.--
       ``(1) Publication.--The annual cybersecurity report, and 
     previous versions of the report as appropriate, shall be--
       ``(A) made available, prominently and free of charge, on 
     the public website of the Agency; and
       ``(B) linked to from relevant portions of the websites of 
     the Administration and the Minority Business Development 
     Agency, as determined by the Administrator and the Director 
     of the Minority Business Development Agency, respectively.
       ``(2) Promotion generally.--The Director, the 
     Administrator, and the Secretary of Commerce shall, to the 
     degree practicable, promote the annual cybersecurity report 
     through relevant resources that are intended for or known to 
     be regularly used by small entities, including agency 
     documents, websites, and events.
       ``(d) Training and Technical Assistance.--The Director, the 
     Administrator, and the Director of the Minority Business 
     Development Agency shall make available to employees of small 
     entities voluntary training and technical assistance on how 
     to implement the recommendations of the annual cybersecurity 
     report.''.
       (2) Technical and conforming amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public 107-296; 116 Stat. 2135) is amended--
       (A) by moving the item relating to section 2220D to appear 
     after the item relating to section 2220C; and
       (B) by inserting after the item relating to section 2220D 
     the following:

``Sec. 2220E. Annual cybersecurity report for small entities.''.
       (c) Report to Congress.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter for 10 years, 
     the Secretary shall submit to Congress a report describing 
     methods to improve the cybersecurity of small entities, 
     including through the adoption of policies, controls, and 
     classes of products and services that have been demonstrated 
     to reduce cybersecurity risk.
       (2) Matters to be included.--The report required under 
     paragraph (1) shall--
       (A) identify barriers or challenges for small entities in 
     purchasing or acquiring

[[Page S5265]]

     classes of products and services that promote the 
     cybersecurity of small entities;
       (B) assess market availability, market pricing, and 
     affordability of classes of products and services that 
     promote the cybersecurity of small entities, with particular 
     attention to identifying high-risk and underserved sectors or 
     regions;
       (C) estimate the costs and benefits of policies that 
     promote the cybersecurity of small entities, including--
       (i) tax breaks;
       (ii) grants and subsidies; and
       (iii) other incentives as determined appropriate by the 
     Secretary;
       (D) describe evidence-based cybersecurity controls and 
     policies that improve the cybersecurity of small entities;
       (E) with respect to the incentives described in 
     subparagraph (C), recommend measures that can effectively 
     improve cybersecurity at scale for small entities; and
       (F) include any other matters as the Secretary determines 
     relevant.
       (3) Specific sectors of small entities.--In preparing the 
     report required under paragraph (1), the Secretary may 
     include matters applicable for specific sectors of small 
     entities in addition to matters applicable to all small 
     entities.
       (4) Consultation.--In preparing the report required under 
     paragraph (1), the Secretary shall consult with--
       (A) the Administrator, the Director of CISA, and the 
     Commission; and
       (B) small entities, insurers of risks related to 
     cybersecurity, State governments, cybersecurity and 
     information technology companies that work with small 
     entities, and academic and Federal and non-Federal experts in 
     cybersecurity.
       (d) Periodic Census on State of Cybersecurity of Small 
     Businesses.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and not less frequently than every 24 
     months thereafter for 10 years, the Administrator shall 
     submit to Congress and make publicly available data on the 
     state of cybersecurity of small businesses, including, to the 
     extent practicable--
       (A) adoption of the cybersecurity recommendations from the 
     annual cybersecurity report among small businesses;
       (B) the most significant and widespread cybersecurity 
     threats facing small businesses;
       (C) the amount small businesses spend on cybersecurity 
     products and services; and
       (D) the personnel small businesses dedicate to 
     cybersecurity, including the amount of total personnel time, 
     whether by employees or contractors, dedicated to 
     cybersecurity efforts.
       (2) Voluntary participation.--In carrying out paragraph 
     (1), the Administrator shall collect data from small 
     businesses that participate on a voluntary basis.
       (3) Form.--The data required under paragraph (1) shall be 
     produced in unclassified form but may contain a classified 
     annex.
       (4) Consultation.--In preparing to collect the data 
     required under paragraph (1), the Administrator shall consult 
     with--
       (A) the Secretary, the Director of CISA, and the 
     Commission; and
       (B) small businesses, insurers of risks related to 
     cybersecurity, cybersecurity and information technology 
     companies that work with small businesses, and academic and 
     Federal and non-Federal experts in cybersecurity.
       (5) Privacy.--In carrying out this subsection, the 
     Administrator shall ensure that any publicly available data 
     is anonymized and does not reveal personally identifiable 
     information.
       (e) Rule of Construction.--Nothing in this section or the 
     amendments made by this section shall be construed to provide 
     any additional regulatory authority to CISA.
                                 ______
                                 
  SA 5790. Ms. ROSEN (for herself and Mr. Barrasso) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:
        At the end of subtitle D of title III, add the following:

     SEC. 357. REQUIREMENT TO INCLUDE THE MODULAR AIRBORNE FIRE 
                   FIGHTING SYSTEM MISSION AS PART OF THE BASING 
                   CRITERIA FOR C-130J AIRCRAFT FOR THE AIR 
                   NATIONAL GUARD.

       The Secretary of the Air Force shall include the Modular 
     Airborne Fire Fighting System (MAFFS) mission as part of the 
     basing criteria of the Air Force for C-130J aircraft for the 
     Air National Guard.
                                 ______
                                 
  SA 5791. Ms. HASSAN submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:
       At the end of subtitle E of title V, add the following:

     SEC. 564. AMENDMENTS TO PATHWAYS FOR COUNSELING IN THE 
                   TRANSITION ASSISTANCE PROGRAM.

       Section 1142(c)(1) of title 10, United States Code, is 
     amended--
       (1) in subparagraph (E), by striking ``Disability'' and 
     inserting ``Potential or confirmed disability'';
       (2) in subparagraph (F), by striking ``Character'' and 
     inserting ``Potential or confirmed character'';
       (3) by redesignating subparagraph (M) as subparagraph (R); 
     and
       (4) by inserting after subparagraph (L) the following new 
     subparagraphs:
       ``(M) Child care requirements of the member (including 
     whether a dependent of the member is enrolled in the 
     Exceptional Family Member Program).
       ``(N) The employment status of other adults in the 
     household of the member.
       ``(O) The proximity of the duty station of the member to 
     the anticipated post-separation residence of the member 
     (including whether the member was separated from family while 
     on duty).''.
                                 ______
                                 
  SA 5792. Ms. HASSAN (for herself and Mr. Thune) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:
       At the appropriate place in title II, insert the following:

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

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

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

       Not later than three years after the date of the enactment 
     of this Act, the Secretary of Defense shall provide Congress 
     with a briefing on participation and use of the program under 
     section 4093 of title 10, United States Code, with a 
     particular focus on levels of interest from students engaged 
     in studying quantum fields.

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

       (a) Fellowship Program Authorized.--Section 234 of the John 
     S. McCain National Defense Authorization Act for Fiscal Year 
     2019 (Public Law 115-232; 10 U.S.C. 4001 note) is amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Fellowships.--
       ``(1) Program authorized.--In carrying out the program 
     required by subsection (a) and subject to the availability of 
     appropriations to carry out this subsection, the Secretary 
     may carry out a program of fellowships in quantum information 
     science and technology research and development for 
     individuals who have a graduate or post-graduate degree.
       ``(2) Equal access.--In carrying out the program under 
     paragraph (1), the Secretary may establish procedures to 
     ensure that minority, geographically diverse, and 
     economically disadvantaged students have equal access to 
     fellowship opportunities under such program.''.
       (b) Multidisciplinary Partnerships With Universities.--Such 
     section is further amended--
       (1) by redesignating subsection (g), as redesignated by 
     subsection (a)(1), as subsection (h); and
       (2) by inserting after subsection (f), as added by 
     subsection (a)(2), the following new subsection (g):
       ``(g) Multidisciplinary Partnerships With Universities.--In 
     carrying out the program under subsection (a), the Secretary 
     of Defense may develop partnerships with universities to 
     enable students to engage in multidisciplinary courses of 
     study.''.

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

       (a) Involvement of Department of Defense and Intelligence 
     Community in National Quantum Initiative Advisory 
     Committee.--
       (1) Qualifications.--Subsection (b) of section 104 of the 
     National Quantum Initiative Act (Public Law 115-368; 15 
     U.S.C. 8814) is amended by striking ``and Federal 
     laboratories'' and inserting ``Federal laboratories, and 
     defense and intelligence researchers''.

[[Page S5266]]

       (2) Integration.--Such section is amended--
       (A) by redesignating subsections (e) through (g) as 
     subsection (f) through (h), respectively; and
       (B) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Integration of Department of Defense and Intelligence 
     Community.--The Advisory Committee shall take such actions as 
     may be necessary, including by modifying policies and 
     procedures of the Advisory Committee, to ensure the full 
     integration of the Department of Defense and the intelligence 
     community (as defined in section 3 of the National Security 
     Act of 1947 (50 U.S.C. 3003)) in activities of the Advisory 
     Committee.''.
       (b) Clarification of Purpose of Multidisciplinary Centers 
     for Quantum Research and Education.--Section 302(c) of the 
     National Quantum Initiative Act (Public Law 115-368; 15 
     U.S.C. 8842(c)) is amended--
       (1) in paragraph (2), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(4) encouraging workforce collaboration, both with 
     private industry and among Federal entities, including 
     Department of Defense components and the intelligence 
     community (as defined in section 3 of the National Security 
     Act of 1947 (50 U.S.C. 3003)).''.
       (c) Coordination of National Quantum Information Science 
     Research Centers.--Section 402(d) of the National Quantum 
     Initiative Act (Public Law 115-368; 15 U.S.C. 8852(d)) is 
     amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) other research entities of the Federal government, 
     including research entities in the Department of Defense and 
     research entities in the intelligence community (as defined 
     in section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003));''.
       (d) National Quantum Coordination Office, Collaboration 
     When Reporting to Congress.--Section 102 of the National 
     Quantum Initiative Act (Public Law 115-368; 15 U.S.C. 8812) 
     is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Collaboration When Reporting to Congress.--The 
     Coordination Office shall ensure that when participants in 
     the National Quantum Initiative Program prepare and submit 
     reports to Congress that they do so in collaboration with 
     each other and as appropriate Federal civilian, defense, and 
     intelligence research entities.''.
       (e) Reporting to Additional Committees of Congress.--
     Paragraph (2) of section 2 of such Act (15 U.S.C. 8801) is 
     amended to read as follows:
       ``(2) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means--
       ``(A) the Committee on Commerce, Science, and 
     Transportation, the Committee on Energy and Natural 
     Resources, the Committee on Armed Services, and the Select 
     Committee on Intelligence of the Senate; and
       ``(B) the Committee on Energy and Commerce, the Committee 
     on Science, Space, and Technology, the Committee on Armed 
     Services, and the Permanent Select Committee on Intelligence 
     of the House of Representatives.''.
                                 ______
                                 
  SA 5793. Mrs. MURRAY (for herself and Mr. Boozman) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 753. HELPING HEROES ACT OF 2022.

       (a) Short Title.--This section may be cited as the 
     ``Helping Heroes Act of 2022''.
       (b) Definitions.--In this section:
       (1) Department.--The term ``Department'' means the 
     Department of Veterans Affairs.
       (2) Disabled veteran.--The term ``disabled veteran'' has 
     the meaning given that term in section 4211 of title 38, 
     United States Code.
       (3) Eligible child.--The term ``eligible child'', with 
     respect to an eligible veteran, means an individual who--
       (A) is a ward, child (including stepchild), grandchild, or 
     sibling (including stepsibling or halfsibling) of the 
     eligible veteran; and
       (B) is less than 18 years of age.
       (4) Eligible veteran.--The term ``eligible veteran'' means 
     a disabled veteran who has a service-connected disability 
     rated at 70 percent or more.
       (5) Family coordinator.--The term ``Family Coordinator'' 
     means an individual placed at a medical center of the 
     Department pursuant to subsection (c).
       (6) Family support program.--The term ``Family Support 
     Program'' means the program established under subsection (d).
       (7) Non-department provider.--The term ``non-Department 
     provider'' means a public or non-profit entity that is not an 
     entity of the Department.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Veterans Affairs.
       (9) Supportive services.--The term ``supportive services'' 
     means services that address the social, emotional, and mental 
     health, career-readiness, and other needs of eligible 
     children, including--
       (A) wellness services, including mental, emotional, 
     behavioral, and physical health and nutritional counseling 
     and assistance;
       (B) peer-support programs for children;
       (C) assistance completing college admission and financial 
     aid applications, including the Free Application for Federal 
     Student Aid described in section 483(a) of the Higher 
     Education Act (20 U.S.C. 1090), and accessing veterans' 
     education benefits as defined under section 480(c)(2) of such 
     Act (20 U.S.C. 1087vv) that eligible children may be eligible 
     to receive;
       (D) assistance with accessing workforce development 
     programs, including programs providing the activities 
     authorized under section 129 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3164), and programs of vocational 
     rehabilitation services, including programs authorized under 
     title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et 
     seq.);
       (E) sports and recreation;
       (F) after-school care and summer learning opportunities;
       (G) dependent care, including home and community-based 
     services;
       (H) other resources for low-income families;
       (I) assistance transitioning from active duty in the Armed 
     Forces to veteran status; and
       (J) any other services or activities the Secretary 
     considers appropriate to support the needs of eligible 
     children.
       (c) Requirements for Family Coordinators.--
       (1) In general.--Not later than three years after the date 
     of the enactment of this Act, the Secretary shall--
       (A) place at each medical center of the Department not 
     fewer than one Family Coordinator; and
       (B) ensure adequate staffing and resources at each such 
     medical center to ensure Family Coordinators are able to 
     carry out their duties.
       (2) Family coordinators.--
       (A) Employment.--Each Family Coordinator placed at a 
     medical center of the Department under paragraph (1) shall be 
     employed full-time by the Department as a Family Coordinator 
     and shall have no other duties in addition to the duties of a 
     Family Coordinator.
       (B) Qualifications.--
       (i) In general.--To qualify to be a Family Coordinator 
     under paragraph (1), an individual shall--

       (I) be a social worker licensed, registered, or certified 
     in accordance with the requirements of any State; and
       (II) have a graduate degree in social work or a related 
     field.

       (ii) Waiver.--The Secretary may waive the qualifications 
     required by clause (i) to permit individuals in other 
     professions to serve as Family Coordinators.
       (C) Duties.--Each Family Coordinator shall--
       (i) assess the needs of the families of veterans using 
     evidence-based strategies;
       (ii) build positive relationships with such families;
       (iii) refer veterans to local, State, and Federal resources 
     that support veterans and their families;
       (iv) develop and maintain a list of--

       (I) supportive services offered by the medical center at 
     which the Family Coordinator is placed; and
       (II) supportive services offered at reduced or no cost by 
     non-Department providers located in the catchment area of 
     such medical center; and

       (v) develop and maintain on an internet website a list of 
     family resources that shall be made available for all 
     veterans in the catchment area of such medical center who are 
     enrolled in the patient enrollment system of the Department 
     established and operated under section 1705(a) of title 38, 
     United States Code.
       (d) Establishment of Family Support Program.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary shall establish a 
     program to be known as the Family Support Program to provide 
     and coordinate the provision of supportive services to 
     eligible veterans and eligible children.
       (2) Implementation of family support program.--To carry out 
     the Family Support Program, the Secretary shall--
       (A) provide supportive services through medical centers of 
     the Department;
       (B) collaborate with relevant Federal agencies to provide 
     supportive services;
       (C) provide funding to non-Department providers pursuant to 
     paragraph (3); and
       (D) engage in any other activities the Secretary considers 
     appropriate.
       (3) Funding to non-department providers.--
       (A) In general.--The Secretary may enter into contracts and 
     award grants to provide funding to eligible non-Department 
     providers to participate in the Family Support Program.

[[Page S5267]]

       (B) Eligibility.--
       (i) In general.--The Secretary shall establish and make 
     publicly available the criteria for a non-Department provider 
     to be eligible to participate in the Family Support Program.
       (ii) Criteria.--The criteria required by clause (i) shall 
     include requirements for a non-Department provider--

       (I) to provide a description of--

       (aa) each supportive service proposed to be provided to 
     eligible children; and
       (bb) the demonstrated record of the non-Department provider 
     in providing such supportive service;

       (II) to demonstrate the ability to serve families of 
     veterans in a manner that is trauma-informed and culturally 
     and linguistically appropriate; and
       (III) to agree to oversight by the Secretary regarding--

       (aa) the use of funds provided by the Department under this 
     paragraph; and
       (bb) the quality of supportive services provided.
       (C) Notice.--The Secretary shall promptly provide to 
     eligible non-Department providers selected by the Secretary 
     to participate in the Family Support Program notice of the 
     award of funds under this paragraph to ensure such providers 
     have sufficient time to prepare to provide supportive 
     services under the Family Support Program.
       (D) Authorized activities.--Funds provided under this 
     paragraph shall be used to provide supportive services.
       (E) Training.--For each non-Department provider selected by 
     the Secretary to participant in the Family Support Program, 
     the Secretary shall offer training and technical assistance 
     regarding the planning, development, and provision of 
     supportive services under the Family Support Program.
       (4) Coordination with other department of veterans affairs 
     programs.--The Secretary shall share best practices with and 
     facilitate referrals of eligible veterans and their families, 
     as appropriate, from the Family Support Program to other 
     programs of the Department, such as the program of support 
     services for caregivers of veterans under section 1720G(b) of 
     title 38, United States Code.
       (5) Reporting requirements.--
       (A) Annual report.--Not later than one year after the date 
     of the commencement of the Family Support Program, and 
     annually thereafter, each non-Department provider in receipt 
     of funds under the Family Support Program shall submit to the 
     Secretary a report describing the supportive services carried 
     out with such funds during the year covered by such report.
       (B) Reports to congress.--
       (i) Report on additional resources.--Not later than 90 days 
     after the date of the enactment of this Act, the Secretary 
     shall submit to Congress a report on the potential need for 
     additional resources for family members of eligible veterans 
     other than eligible children.
       (ii) Report on progress.--

       (I) In general.--Not later than one year after the 
     commencement of the Family Support Program, the Secretary 
     shall submit to the Committee on Veterans' Affairs of the 
     Senate and the Committee on Veterans' Affairs of the House of 
     Representatives a report on the progress of the Family 
     Support Program.
       (II) Contents.--The report required by subclause (I) shall 
     include--

       (aa) the number of eligible veterans and eligible children 
     who received supportive services under the Family Support 
     Program;
       (bb) the demographic data of eligible veterans and family 
     members, including--
       (AA) the relationship to the eligible veteran;
       (BB) age;
       (CC) race;
       (DD) ethnicity;
       (EE) gender identity;
       (FF) sexual orientation;
       (GG) disability; and
       (HH) English proficiency and whether a language other than 
     English is spoken at home;
       (cc) a summary of the supportive services carried out under 
     the Family Support Program and the costs to the Department of 
     such supportive services; and
       (dd) an assessment, measured by a survey of participants, 
     of whether participation in the Family Support Program 
     resulted in positive outcomes for eligible veterans and 
     eligible children.
       (e) Outreach on Availability of Services.--The Secretary 
     shall conduct an outreach program to ensure eligible veterans 
     who are enrolled in the patient enrollment system of the 
     Department established and operated under section 1705(a) of 
     title 38, United States Code, employees of the Department, 
     and potential State, local, and Federal entities are informed 
     of the Family Support Program and the availability of Family 
     Coordinators.
       (f) Transition Assistance.--Not later than one year after 
     the date of the enactment of this Act, the Secretary shall 
     include information regarding supportive services available 
     for members of the Armed Forces who are being separated from 
     active duty and their families, including mental health and 
     other services for children, in the transition assistance 
     curriculum offered by the Department.
       (g) Survey.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter for five 
     years, the Secretary shall conduct a survey of disabled 
     veterans and their families to identify and better understand 
     the needs of such disabled veterans and their families.
       (2) Content.--The survey required under paragraph (1) shall 
     include questions with respect to--
       (A) the types and quality of support disabled veterans 
     receive from the children of such disabled veterans; and
       (B) the unmet needs of such children.
       (h) Nondiscrimination.--Programs or activities receiving 
     funds under this section may not discriminate on the basis of 
     race, color, national origin, religion, sex, sexual 
     orientation, gender identity, disability status, or age.
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such funds as may be 
     necessary to carry out this section.
                                 ______
                                 
  SA 5794. Mrs. MURRAY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1077. WILD OLYMPICS WILDERNESS AND WILD AND SCENIC 
                   RIVERS.

       (a) Designation of Olympic National Forest Wilderness 
     Areas.--
       (1) In general.--In furtherance of the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following Federal land in the 
     Olympic National Forest in the State of Washington comprising 
     approximately 126,554 acres, as generally depicted on the map 
     entitled ``Proposed Wild Olympics Wilderness and Wild and 
     Scenic Rivers Act'' and dated April 8, 2019 (referred to in 
     this subsection as the ``map''), is designated as wilderness 
     and as components of the National Wilderness Preservation 
     System:
       (A) Lost creek wilderness.--Certain Federal land managed by 
     the Forest Service, comprising approximately 7,159 acres, as 
     generally depicted on the map, which shall be known as the 
     ``Lost Creek Wilderness''.
       (B) Rugged ridge wilderness.--Certain Federal land managed 
     by the Forest Service, comprising approximately 5,956 acres, 
     as generally depicted on the map, which shall be known as the 
     ``Rugged Ridge Wilderness''.
       (C) Alckee creek wilderness.--Certain Federal land managed 
     by the Forest Service, comprising approximately 1,787 acres, 
     as generally depicted on the map, which shall be known as the 
     ``Alckee Creek Wilderness''.
       (D) Gates of the elwha wilderness.--Certain Federal land 
     managed by the Forest Service, comprising approximately 5,669 
     acres, as generally depicted on the map, which shall be known 
     as the ``Gates of the Elwha Wilderness''.
       (E) Buckhorn wilderness additions.--Certain Federal land 
     managed by the Forest Service, comprising approximately 
     21,965 acres, as generally depicted on the map, is 
     incorporated in, and shall be managed as part of, the 
     ``Buckhorn Wilderness'', as designated by section 3 of the 
     Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note; 
     Public Law 98-339).
       (F) Green mountain wilderness.--Certain Federal land 
     managed by the Forest Service, comprising approximately 4,790 
     acres, as generally depicted on the map, which shall be known 
     as the ``Green Mountain Wilderness''.
       (G) The brothers wilderness additions.--Certain land 
     managed by the Forest Service, comprising approximately 8,625 
     acres, as generally depicted on the map, is incorporated in, 
     and shall be managed as part of, the ``The Brothers 
     Wilderness'', as designated by section 3 of the Washington 
     State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 
     98-339).
       (H) Mount skokomish wilderness additions.--Certain land 
     managed by the Forest Service, comprising approximately 8,933 
     acres, as generally depicted on the map, is incorporated in, 
     and shall be managed as part of, the ``Mount Skokomish 
     Wilderness'', as designated by section 3 of the Washington 
     State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 
     98-339).
       (I) Wonder mountain wilderness additions.--Certain land 
     managed by the Forest Service, comprising approximately 
     26,517 acres, as generally depicted on the map, is 
     incorporated in, and shall be managed as part of, the 
     ``Wonder Mountain Wilderness'', as designated by section 3 of 
     the Washington State Wilderness Act of 1984 (16 U.S.C. 1132 
     note; Public Law 98-339).
       (J) Moonlight dome wilderness.--Certain Federal land 
     managed by the Forest Service, comprising approximately 9,117 
     acres, as generally depicted on the map, which shall be known 
     as the ``Moonlight Dome Wilderness''.
       (K) South quinault ridge wilderness.--Certain Federal land 
     managed by the Forest Service, comprising approximately 
     10,887 acres, as generally depicted on the map, which shall 
     be known as the ``South Quinault Ridge Wilderness''.
       (L) Colonel bob wilderness additions.--Certain Federal land 
     managed by the Forest Service, comprising approximately 353 
     acres,

[[Page S5268]]

     as generally depicted on the map, is incorporated in, and 
     shall be managed as part of, the ``Colonel Bob Wilderness'', 
     as designated by section 3 of the Washington State Wilderness 
     Act of 1984 (16 U.S.C. 1132 note; Public Law 98-339).
       (M) Sam's river wilderness.--Certain Federal land managed 
     by the Forest Service, comprising approximately 13,418 acres, 
     as generally depicted on the map, which shall be known as the 
     ``Sam's River Wilderness''.
       (N) Canoe creek wilderness.--Certain Federal land managed 
     by the Forest Service, comprising approximately 1,378 acres, 
     as generally depicted on the map, which shall be known as the 
     ``Canoe Creek Wilderness''.
       (2) Administration.--
       (A) Management.--Subject to valid existing rights, the land 
     designated as wilderness by paragraph (1) shall be 
     administered by the Secretary of Agriculture (referred to in 
     this subsection as the ``Secretary''), in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.), except that any 
     reference in that Act to the effective date of that Act shall 
     be considered to be a reference to the date of enactment of 
     this Act.
       (B) Map and description.--
       (i) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and a 
     legal description of the land designated as wilderness by 
     paragraph (1) with--

       (I) the Committee on Natural Resources of the House of 
     Representatives; and
       (II) the Committee on Energy and Natural Resources of the 
     Senate.

       (ii) Effect.--Each map and legal description filed under 
     clause (i) shall have the same force and effect as if 
     included in this subsection, except that the Secretary may 
     correct minor errors in the map and legal description.
       (iii) Public availability.--Each map and legal description 
     filed under clause (i) shall be filed and made available for 
     public inspection in the appropriate office of the Forest 
     Service.
       (3) Potential wilderness.--
       (A) In general.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land 
     managed by the Forest Service, comprising approximately 5,346 
     acres as identified as ``Potential Wilderness'' on the map, 
     is designated as potential wilderness.
       (B) Designation as wilderness.--On the date on which the 
     Secretary publishes in the Federal Register notice that any 
     nonconforming uses in the potential wilderness designated by 
     subparagraph (A) have terminated, the potential wilderness 
     shall be--
       (i) designated as wilderness and as a component of the 
     National Wilderness Preservation System; and
       (ii) incorporated into the adjacent wilderness area.
       (4) Adjacent management.--
       (A) No protective perimeters or buffer zones.--The 
     designations in this section shall not create a protective 
     perimeter or buffer zone around any wilderness area.
       (B) Nonconforming uses permitted outside of boundaries of 
     wilderness areas.--Any activity or use outside of the 
     boundary of any wilderness area designated under this 
     subsection shall be permitted even if the activity or use 
     would be seen or heard within the boundary of the wilderness 
     area.
       (5) Fire, insects, and diseases.--The Secretary may take 
     such measures as are necessary to control fire, insects, and 
     diseases, in the wilderness areas designated by this 
     subsection, in accordance with section 4(d)(1) of the 
     Wilderness Act (16 U.S.C. 1133(d)(1)) and subject to such 
     terms and conditions as the Secretary determines to be 
     appropriate.
       (b) Wild and Scenic River Designations.--
       (1) In general.--Section 3(a) of the Wild and Scenic Rivers 
     Act (16 U.S.C. 1274(a)) is amended by adding at the end the 
     following:
       ``(231) Elwha river, washington.--The approximately 29.0-
     mile segment of the Elwha River and tributaries from the 
     source to Cat Creek, to be administered by the Secretary of 
     the Interior as a wild river.
       ``(232) Dungeness river, washington.--The segment of the 
     Dungeness River from the headwaters to the State of 
     Washington Department of Natural Resources land in T. 29 N., 
     R. 4 W., sec. 12, to be administered by the Secretary of 
     Agriculture, except that portions of the river within the 
     boundaries of Olympic National Park shall be administered by 
     the Secretary of the Interior, including the following 
     segments of the mainstem and major tributary the Gray Wolf 
     River, in the following classes:
       ``(A) The approximately 5.8-mile segment of the Dungeness 
     River from the headwaters to the 2870 Bridge, as a wild 
     river.
       ``(B) The approximately 2.1-mile segment of the Dungeness 
     River from the 2870 Bridge to Silver Creek, as a scenic 
     river.
       ``(C) The approximately 2.7-mile segment of the Dungeness 
     River from Silver Creek to Sleepy Hollow Creek, as a wild 
     river.
       ``(D) The approximately 6.3-mile segment of the Dungeness 
     River from Sleepy Hollow Creek to the Olympic National Forest 
     boundary, as a scenic river.
       ``(E) The approximately 1.9-mile segment of the Dungeness 
     River from the National Forest boundary to the State of 
     Washington Department of Natural Resources land in T. 29 N., 
     R. 4 W., sec. 12, to be administered as a recreational river 
     through a cooperative management agreement between the State 
     of Washington and the Secretary of Agriculture, as provided 
     in section 10(e).
       ``(F) The approximately 16.1-mile segment of the Gray Wolf 
     River from the headwaters to the 2870 Bridge, as a wild 
     river.
       ``(G) The approximately 1.1-mile segment of the Gray Wolf 
     River from the 2870 Bridge to the confluence with the 
     Dungeness River, as a scenic river.
       ``(233) Big quilcene river, washington.--The segment of the 
     Big Quilcene River from the headwaters to the City of Port 
     Townsend water intake facility, to be administered by the 
     Secretary of Agriculture, in the following classes:
       ``(A) The approximately 4.4-mile segment from the 
     headwaters to the Buckhorn Wilderness boundary, as a wild 
     river.
       ``(B) The approximately 5.3-mile segment from the Buckhorn 
     Wilderness boundary to the City of Port Townsend water intake 
     facility, as a scenic river.
       ``(C) Section 7(a), with respect to the licensing of dams, 
     water conduits, reservoirs, powerhouses, transmission lines, 
     or other project works, shall apply to the approximately 5-
     mile segment from the City of Port Townsend water intake 
     facility to the Olympic National Forest boundary.
       ``(234) Dosewallips river, washington.--The segment of the 
     Dosewallips River from the headwaters to the private land in 
     T. 26 N., R. 3 W., sec. 15, to be administered by the 
     Secretary of Agriculture, except that portions of the river 
     within the boundaries of Olympic National Park shall be 
     administered by the Secretary of the Interior, in the 
     following classes:
       ``(A) The approximately 12.9-mile segment from the 
     headwaters to Station Creek, as a wild river.
       ``(B) The approximately 6.8-mile segment from Station Creek 
     to the private land in T. 26 N., R. 3 W., sec. 15, as a 
     scenic river.
       ``(235) Duckabush river, washington.--The segment of the 
     Duckabush River from the headwaters to the private land in T. 
     25 N., R. 3 W., sec. 1, to be administered by the Secretary 
     of Agriculture, except that portions of the river within the 
     boundaries of Olympic National Park shall be administered by 
     the Secretary of the Interior, in the following classes:
       ``(A) The approximately 19.0-mile segment from the 
     headwaters to the Brothers Wilderness boundary, as a wild 
     river.
       ``(B) The approximately 1.9-mile segment from the Brothers 
     Wilderness boundary to the private land in T. 25 N., R. 3 W., 
     sec. 1, as a scenic river.
       ``(236) Hamma hamma river, washington.--The segment of the 
     Hamma Hamma River from the headwaters to the eastern edge of 
     the NW\1/4\ sec. 21, T. 24 N., R. 3 W., to be administered by 
     the Secretary of Agriculture, in the following classes:
       ``(A) The approximately 3.1-mile segment from the 
     headwaters to the Mt. Skokomish Wilderness boundary, as a 
     wild river.
       ``(B) The approximately 5.8-mile segment from the Mt. 
     Skokomish Wilderness boundary to Lena Creek, as a scenic 
     river.
       ``(C) The approximately 6.8-mile segment from Lena Creek to 
     the eastern edge of the NW\1/4\ sec. 21, T. 24 N., R. 3 W., 
     to be administered as a recreational river through a 
     cooperative management agreement between the State of 
     Washington and the Secretary of Agriculture, as provided in 
     section 10(e).
       ``(237) South fork skokomish river, washington.--The 
     segment of the South Fork Skokomish River from the headwaters 
     to the Olympic National Forest boundary to be administered by 
     the Secretary of Agriculture, in the following classes:
       ``(A) The approximately 6.7-mile segment from the 
     headwaters to Church Creek, as a wild river.
       ``(B) The approximately 8.3-mile segment from Church Creek 
     to LeBar Creek, as a scenic river.
       ``(C) The approximately 4.0-mile segment from LeBar Creek 
     to upper end of gorge in the NW\1/4\ sec. 22, T. 22 N., R. 5 
     W., as a recreational river.
       ``(D) The approximately 6.0-mile segment from the upper end 
     of the gorge to the Olympic National Forest boundary, as a 
     scenic river.
       ``(238) Middle fork satsop river, washington.--The 
     approximately 7.9-mile segment of the Middle Fork Satsop 
     River from the headwaters to the Olympic National Forest 
     boundary, to be administered by the Secretary of Agriculture, 
     as a scenic river.
       ``(239) West fork satsop river, washington.--The 
     approximately 8.2-mile segment of the West Fork Satsop River 
     from the headwaters to the Olympic National Forest boundary, 
     to be administered by the Secretary of Agriculture, as a 
     scenic river.
       ``(240) Wynoochee river, washington.--The segment of the 
     Wynoochee River from the headwaters to the head of Wynoochee 
     Reservoir to be administered by the Secretary of Agriculture, 
     except that portions of the river within the boundaries of 
     Olympic National Park shall be administered by the Secretary 
     of the Interior, in the following classes:
       ``(A) The approximately 2.5-mile segment from the 
     headwaters to the boundary of the Wonder Mountain Wilderness, 
     as a wild river.
       ``(B) The approximately 7.4-mile segment from the boundary 
     of the Wonder Mountain Wilderness to the head of Wynoochee 
     Reservoir, as a recreational river.
       ``(241) East fork humptulips river, washington.--The 
     segment of the East Fork Humptulips River from the headwaters 
     to the Olympic National Forest boundary to be administered by 
     the Secretary of Agriculture, in the following classes:
       ``(A) The approximately 7.4-mile segment from the 
     headwaters to the Moonlight Dome Wilderness boundary, as a 
     wild river.

[[Page S5269]]

       ``(B) The approximately 10.3-mile segment from the 
     Moonlight Dome Wilderness boundary to the Olympic National 
     Forest boundary, as a scenic river.
       ``(242) West fork humptulips river, washington.--The 
     approximately 21.4-mile segment of the West Fork Humptulips 
     River from the headwaters to the Olympic National Forest 
     Boundary, to be administered by the Secretary of Agriculture, 
     as a scenic river.
       ``(243) Quinault river, washington.--The segment of the 
     Quinault River from the headwaters to private land in T. 24 
     N., R. 8 W., sec. 33, to be administered by the Secretary of 
     the Interior, in the following classes:
       ``(A) The approximately 16.5-mile segment from the 
     headwaters to Graves Creek, as a wild river.
       ``(B) The approximately 6.7-mile segment from Graves Creek 
     to Cannings Creek, as a scenic river.
       ``(C) The approximately 1.0-mile segment from Cannings 
     Creek to private land in T. 24 N., R. 8 W., sec. 33, as a 
     recreational river.
       ``(244) Queets river, washington.--The segment of the 
     Queets River from the headwaters to the Olympic National Park 
     boundary to be administered by the Secretary of the Interior, 
     except that portions of the river outside the boundaries of 
     Olympic National Park shall be administered by the Secretary 
     of Agriculture, including the following segments of the 
     mainstem and certain tributaries in the following classes:
       ``(A) The approximately 28.6-mile segment of the Queets 
     River from the headwaters to the confluence with Sams River, 
     as a wild river.
       ``(B) The approximately 16.0-mile segment of the Queets 
     River from the confluence with Sams River to the Olympic 
     National Park boundary, as a scenic river.
       ``(C) The approximately 15.7-mile segment of the Sams River 
     from the headwaters to the confluence with the Queets River, 
     as a scenic river.
       ``(D) The approximately 17.7-mile segment of Matheny Creek 
     from the headwaters to the confluence with the Queets River, 
     to be administered as a scenic river through a cooperative 
     management agreement between the State of Washington and the 
     Secretary of Agriculture, as provided in section 10(e).
       ``(245) Hoh river, washington.--The segment of the Hoh 
     River and the major tributary South Fork Hoh from the 
     headwaters to Olympic National Park boundary, to be 
     administered by the Secretary of the Interior, in the 
     following classes:
       ``(A) The approximately 20.7-mile segment of the Hoh River 
     from the headwaters to Jackson Creek, as a wild river.
       ``(B) The approximately 6.0-mile segment of the Hoh River 
     from Jackson Creek to the Olympic National Park boundary, as 
     a scenic river.
       ``(C) The approximately 13.8-mile segment of the South Fork 
     Hoh River from the headwaters to the Olympic National Park 
     boundary, as a wild river.
       ``(D) The approximately 4.6-mile segment of the South Fork 
     Hoh River from the Olympic National Park boundary to the 
     Washington State Department of Natural Resources boundary in 
     T. 27 N., R. 10 W., sec. 29, to be administered as a 
     recreational river through a cooperative management agreement 
     between the State of Washington and the Secretary of 
     Agriculture, as provided in section 10(e).
       ``(246) Bogachiel river, washington.--The approximately 
     25.6-mile segment of the Bogachiel River from the source to 
     the Olympic National Park boundary, to be administered by the 
     Secretary of the Interior, as a wild river.
       ``(247) South fork calawah river, washington.--The segment 
     of the South Fork Calawah River and the major tributary 
     Sitkum River from the headwaters to Hyas Creek to be 
     administered by the Secretary of Agriculture, except those 
     portions of the river within the boundaries of Olympic 
     National Park shall be administered by the Secretary of the 
     Interior, including the following segments in the following 
     classes:
       ``(A) The approximately 15.7-mile segment of the South Fork 
     Calawah River from the headwaters to the Sitkum River, as a 
     wild river.
       ``(B) The approximately 0.9-mile segment of the South Fork 
     Calawah River from the Sitkum River to Hyas Creek, as a 
     scenic river.
       ``(C) The approximately 1.6-mile segment of the Sitkum 
     River from the headwaters to the Rugged Ridge Wilderness 
     boundary, as a wild river.
       ``(D) The approximately 11.9-mile segment of the Sitkum 
     River from the Rugged Ridge Wilderness boundary to the 
     confluence with the South Fork Calawah, as a scenic river.
       ``(248) Sol duc river, washington.--The segment of the Sol 
     Duc River from the headwaters to the Olympic National Park 
     boundary to be administered by the Secretary of the Interior, 
     including the following segments of the mainstem and certain 
     tributaries in the following classes:
       ``(A) The approximately 7.0-mile segment of the Sol Duc 
     River from the headwaters to the end of Sol Duc Hot Springs 
     Road, as a wild river.
       ``(B) The approximately 10.8-mile segment of the Sol Duc 
     River from the end of Sol Duc Hot Springs Road to the Olympic 
     National Park boundary, as a scenic river.
       ``(C) The approximately 14.2-mile segment of the North Fork 
     Sol Duc River from the headwaters to the Olympic Hot Springs 
     Road bridge, as a wild river.
       ``(D) The approximately 0.2-mile segment of the North Fork 
     Sol Duc River from the Olympic Hot Springs Road bridge to the 
     confluence with the Sol Duc River, as a scenic river.
       ``(E) The approximately 8.0-mile segment of the South Fork 
     Sol Duc River from the headwaters to the confluence with the 
     Sol Duc River, as a scenic river.
       ``(249) Lyre river, washington.--The approximately 0.2-mile 
     segment of the Lyre River from Lake Crescent to the Olympic 
     National Park boundary, to be administered by the Secretary 
     of the Interior as a scenic river.''.
       (2) Effect.--The amendment made by paragraph (1) does not 
     affect valid existing water rights.
       (3) Updates to land and resource management plans.--
       (A) In general.--Except as provided in subparagraph (B), 
     not later than 3 years after the date of enactment of this 
     Act, the Secretary of Agriculture shall, with respect to the 
     designations made under subsection (a) on lands under the 
     jurisdiction of the Secretary, incorporate such designations 
     into updated management plans for units of the National 
     Forest System in accordance with applicable laws (including 
     regulations).
       (B) Exception.--The date specified in subparagraph (A) 
     shall be 5 years after the date of enactment of this Act if 
     the Secretary of Agriculture--
       (i) is unable to meet the requirement under that paragraph 
     by the date specified in such subparagraph; and
       (ii) not later than 3 years after the date of enactment of 
     this Act, includes in the Department of Agriculture annual 
     budget submission to Congress a request for additional sums 
     as may be necessary to meet the requirement of that 
     subparagraph.
       (C) Comprehensive management plan requirements.--Updated 
     management plans under subparagraph (A) or (B) satisfy the 
     requirements under section 3(d) of the Wild and Scenic Rivers 
     Act (16 U.S.C. 1274(d)).
       (c) Existing Rights and Withdrawal.--
       (1) In general.--In accordance with section 12(b) of the 
     Wild and Scenic Rivers Act (16 U.S.C. 1283(b)), nothing in 
     this Act or the amendment made by subsection (b)(1) affects 
     or abrogates existing rights, privileges, or contracts held 
     by private parties, nor does this section in any way modify 
     or direct the management, acquisition, or disposition of land 
     managed by the Washington Department of Natural Resources on 
     behalf of the State of Washington.
       (2) Withdrawal.--Subject to valid existing rights, the 
     Federal land within the boundaries of the river segments 
     designated by this section and the amendment made by 
     subsection (b)(1) is withdrawn from all forms of--
       (A) entry, appropriation, or disposal under the public land 
     laws;
       (B) location, entry, and patent under the mining laws; and
       (C) disposition under all laws relating to mineral and 
     geothermal leasing or mineral materials.
       (d) Treaty Rights.--Nothing in this section alters, 
     modifies, diminishes, or extinguishes the reserved treaty 
     rights of any Indian Tribe with hunting, fishing, gathering, 
     and cultural or religious rights as protected by a treaty.
                                 ______
                                 
  SA 5795. Mrs. MURRAY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title XII, add the following:

             Subtitle G--Arms Export Control Act Amendments

     SEC. 1281. REQUIRED ASSESSMENT OF RISK OF EXPORTED WEAPONS 
                   BEING USED TO VIOLATE PRINCIPLES OF HUMAN 
                   RIGHTS OR THE LAW OF ARMED CONFLICT.

       (a) Letters of Offer.--Section 36(b)(1) of the Arms Export 
     Control Act (22 U.S.C. 2776(b)(1)) is amended--
       (1) in subparagraph (O), by striking ``; and'' and 
     inserting a semicolon;
       (2) in subparagraph (P), by striking the period at the end 
     and inserting ``; and''; and
       (3) by inserting after subparagraph (P) the following new 
     subparagraph:
       ``(Q) an assessment of the risk of the defense articles, 
     defense services, or design and construction services to be 
     offered being used to violate principles of human rights or 
     the law of armed conflict, prepared by the Secretary of State 
     through the Assistant Secretary for the Bureau of Democracy, 
     Human Rights, and Labor, in consultation with the Secretary 
     of Defense and the Director of Central Intelligence.''.
       (b) Export License Applications.--Section 36(c)(1) of the 
     Arms Export Control Act (22 U.S.C. 2776(c)(1)) is amended--
       (1) by striking ``and (C)'' and inserting ``(C)''; and
       (2) by inserting after ``items to be exported'' the 
     following: ``, and (D) an assessment of the risk of the items 
     being used to

[[Page S5270]]

     violate principles of human rights or the law of armed 
     conflict, prepared by the Secretary of State through the 
     Assistant Secretary for the Bureau of Democracy, Human 
     Rights, and Labor, in consultation with the Secretary of 
     Defense and the Director of Central Intelligence''.

     SEC. 1282. INCLUSION IN BLUE LANTERN PROGRAM OF CONSIDERATION 
                   OF USE OF DEFENSE ARTICLES AND SERVICES TO 
                   COMMIT SERIOUS VIOLATIONS OF THE LAWS OF ARMED 
                   CONFLICT AND INTERNATIONAL HUMAN RIGHTS LAW.

       (a) Technical Correction.--Chapter 3A of the Arms Export 
     Control Act (22 U.S.C. 2785) is amended by redesignating the 
     second section designated section 40A as section 40B.
       (b) Consideration of Human Rights Violations.--Subsection 
     (b)(1) of section 40B of the Arms Export Control Act, as 
     redesignated by subsection (a) of this section, is amended by 
     inserting ``(including use to commit serious violations of 
     the laws of armed conflict and international human rights 
     law)'' after ``to diversion or other misuse''.

     SEC. 1283. CONSIDERATION OF RISK OF COMMISSION OF VIOLATIONS 
                   OF HUMAN RIGHTS OR THE LAW OF ARMED CONFLICT IN 
                   ISSUING EXPORT LICENSES.

       Section 38(a)(2) of the Arms Export Control Act (22 U.S.C. 
     2778(a)(2)) is amended by inserting after ``conflict,'' the 
     following: ``be used to commit violations of human rights or 
     the law of armed conflict,''.
                                 ______
                                 
  SA 5796. Mrs. MURRAY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in the table in section 2401(a), 
     insert the following:

 
 
----------------------------------------------------------------------------------------------------------------
Washington..................................  Naval Undersea Warfare Center Keyport.........         $24,640,000
----------------------------------------------------------------------------------------------------------------

       At the appropriate place in the table in section 4601, 
     under the heading ``Defense-Wide'', insert the following:

Defense-Wide                   Washington, Naval       Cold Water Training Austere             0         24,640
                                Undersea Warfare        Environment Facility.
                                Center Keyport
 

                                 ______
                                 
  SA 5797. Mrs. MURRAY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 389. AUTHORIZATION OF AMOUNTS FOR SERVICEWOMEN'S 
                   COMMEMORATIVE PARTNERSHIPS.

       Section 362(b) of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283; 10 U.S.C. 7771 note prec.) is amended--
       (1) by striking ``Of the amounts'' and inserting the 
     following:
       ``(1) Fiscal year 2021.--Of the amounts''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Fiscal year 2023.--Of the amounts available to the 
     Department of Defense for fiscal year 2023, $1,000,000 shall 
     be available for Servicewomen's Commemorative Partnerships 
     under section (a).''.
                                 ______
                                 
  SA 5798. Mrs. MURRAY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 632. PLAN FOR IMPROVING ACCESS TO THRIFT SAVINGS PLAN.

       Not later than 18 months after the date of the enactment of 
     this Act, the Federal Retirement Thrift Investment Board 
     shall submit to Congress a plan for improving the access of 
     members of the Armed Forces to information about the Thrift 
     Savings Plan that--
       (1) takes into account the time likely to pass between the 
     mailing of account information to a member of the Armed 
     Forces and the time the member is likely to receive the 
     information; and
       (2) makes recommendations for statutory changes necessary 
     to improve such access.
                                 ______
                                 
  SA 5799. Mrs. MURRAY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title X, add the following:

     Subtitle H--Reproductive and Fertility Preservation Assistance

     SEC. 1081. SHORT TITLE.

        This subtitle may be cited as the ``Veteran Families 
     Health Services Act of 2022''.

   CHAPTER 1--REPRODUCTIVE AND FERTILITY PRESERVATION ASSISTANCE FOR 
                      MEMBERS OF THE ARMED FORCES

     SEC. 1082. DEFINITIONS.

       In this chapter:
       (1) Active duty.--The term ``active duty'' has the meaning 
     given that term in section 101(d)(1) of title 10, United 
     States Code.
       (2) Armed forces.--The term ``Armed Forces'' has the 
     meaning given the term ``armed forces'' in section 101(a)(4) 
     of such title.

     SEC. 1083. PROVISION OF FERTILITY TREATMENT AND COUNSELING TO 
                   CERTAIN MEMBERS OF THE ARMED FORCES AND 
                   SPOUSES, PARTNERS, AND GESTATIONAL SURROGATES 
                   OF SUCH MEMBERS.

       (a) Fertility Treatment and Counseling.--
       (1) In general.--The Secretary of Defense shall furnish 
     fertility treatment and counseling, including through the use 
     of assisted reproductive technology, to a covered member of 
     the Armed Forces or a spouse, partner, or gestational 
     surrogate of such a member.
       (2) Eligibility for treatment and counseling.--Fertility 
     treatment and counseling shall be furnished under paragraph 
     (1) without regard to the sex, gender identity, sexual 
     orientation, or marital status of the covered member of the 
     Armed Forces.
       (3) In vitro fertilization.--In the case of in vitro 
     fertilization treatment furnished under paragraph (1), the 
     Secretary may furnish not more than three completed cycles or 
     six attempted cycles of in vitro fertilization, whichever 
     occurs first, to an individual under such paragraph.
       (b) Procurement of Gametes.--If a covered member of the 
     Armed Forces is unable to provide their gametes for purposes 
     of fertility treatment under subsection (a), the Secretary 
     shall, at the election of such member, allow such member to 
     receive such treatment with donated gametes and pay or 
     reimburse such member the reasonable costs of procuring 
     gametes from a donor.
       (c) Rule of Construction.--Nothing in this section shall be 
     construed to require the Secretary--
       (1) to find or certify a gestational surrogate for a 
     covered member of the Armed Forces or to connect a 
     gestational surrogate with such a member; or
       (2) to find or certify gametes from a donor for a covered 
     member of the Armed Forces or to connect such a member with 
     gametes from a donor.
       (d) Definitions.--In this section:
       (1) Assisted reproductive technology.--The term ``assisted 
     reproductive technology'' includes in vitro fertilization and 
     other fertility treatments in which both eggs and sperm are 
     handled when clinically appropriate.
       (2) Covered member of the armed forces.--The term ``covered 
     member of the Armed Forces'' means a member of the

[[Page S5271]]

     Armed Forces who has an infertility condition, unless the 
     Secretary can show that the member was completely infertile 
     before service on active duty in the Armed Forces.
       (3) Fertility treatment.--The term ``fertility treatment'' 
     includes the following:
       (A) Procedures that use assisted reproductive technology.
       (B) Sperm retrieval.
       (C) Egg retrieval.
       (D) Artificial insemination.
       (E) Embryo transfer.
       (F) Such other treatments as the Secretary of Defense 
     considers appropriate.
       (4) Infertility condition.--The term ``infertility 
     condition'' includes--
       (A) a diagnosis of infertility; or
       (B) the inability to conceive or safely carry a pregnancy 
     to term, including as a result of treatment for another 
     condition.
       (5) Partner.--The term ``partner'', with respect to a 
     member of the Armed Forces, means an individual selected by 
     the member who agrees to share with the member the parental 
     responsibilities with respect to any child born as a result 
     of the use of any fertility treatment under this section.

     SEC. 1084. ESTABLISHMENT OF FERTILITY PRESERVATION PROCEDURES 
                   AFTER AN INJURY OR ILLNESS.

       (a) In General.--The Secretary of Defense, acting through 
     the Assistant Secretary of Defense for Health Affairs, shall 
     establish procedures for the retrieval of gametes, as soon as 
     medically appropriate, from a member of the Armed Forces in 
     cases in which the fertility of such member is potentially 
     jeopardized as a result of an injury or illness incurred or 
     aggravated while serving on active duty in the Armed Forces 
     in order to preserve the medical options of such member.
       (b) Consent for Retrieval of Gametes.--Gametes may be 
     retrieved from a member of the Armed Forces under subsection 
     (a) only--
       (1) with the specific consent of the member; or
       (2) if the member is unable to consent, if a medical 
     professional determines that--
       (A) the future fertility of the member is potentially 
     jeopardized as a result of an injury or illness described in 
     subsection (a) or will be potentially jeopardized as a result 
     of treating such injury or illness;
       (B) the member lacks the capacity to consent to the 
     retrieval of gametes and is likely to regain such capacity; 
     and
       (C) the retrieval of gametes under this section is in the 
     medical interest of the member.
       (c) Consent for Use of Retrieved Gametes.--Gametes 
     retrieved from a member of the Armed Forces under subsection 
     (a) may be used only--
       (1) with the specific consent of the member; or
       (2) if the member has lost the ability to consent 
     permanently, as determined by a medical professional, as 
     specified in an advance directive or testamentary instrument 
     executed by the member.
       (d) Disposal of Gametes.--In accordance with regulations 
     prescribed by the Secretary for purpose of this subsection, 
     the Secretary shall dispose of gametes retrieved from a 
     member of the Armed Forces under subsection (a)--
       (1) with the specific consent of the member; or
       (2) if the member--
       (A) has lost the ability to consent permanently, as 
     determined by a medical professional; and
       (B) has not specified the use of their gametes in an 
     advance directive or testamentary instrument executed by the 
     member.

     SEC. 1085. CRYOPRESERVATION AND STORAGE OF GAMETES OF MEMBERS 
                   OF THE ARMED FORCES ON ACTIVE DUTY.

       (a) In General.--The Secretary of Defense shall provide 
     members of the Armed Forces on active duty in the Armed 
     Forces with the opportunity to cryopreserve and store their 
     gametes prior to--
       (1) deployment to a combat zone; or
       (2) a duty assignment that includes a hazardous assignment, 
     as determined by the Secretary.
       (b) Period of Time.--
       (1) In general.--The Secretary shall provide for the 
     cryopreservation and storage of gametes of any member of the 
     Armed Forces under subsection (a) in a facility of the 
     Department of Defense or of a private entity and the 
     transportation of such gametes, at no cost to the member, 
     until the date that is one year after the retirement, 
     separation, or release of the member from the Armed Forces.
       (2) Continued cryopreservation and storage.--At the end of 
     the one-year period specified in paragraph (1), the Secretary 
     shall permit an individual whose gametes were cryopreserved 
     and stored in a facility of the Department as described in 
     that paragraph to select, including pursuant to an advance 
     medical directive or military testamentary instrument 
     completed under subsection (c), one of the following options:
       (A) To continue such cryopreservation and storage in such 
     facility with the cost of such cryopreservation and storage 
     borne by the individual.
       (B) To transfer the gametes to a private cryopreservation 
     and storage facility selected by the individual.
       (C) To transfer the gametes to a facility of the Department 
     of Veterans Affairs if cryopreservation and storage is 
     available to the individual at such facility.
       (3) Disposal of gametes.--If an individual described in 
     paragraph (2) does not make a selection under subparagraph 
     (A), (B), or (C) of such paragraph, the Secretary may dispose 
     of the gametes of the individual not earlier than the date 
     that is 90 days after the end of the one-year period 
     specified in paragraph (1) with respect to the individual.
       (c) Advance Medical Directive and Military Testamentary 
     Instrument.--A member of the Armed Forces who elects to 
     cryopreserve and store their gametes under this section must 
     complete an advance medical directive, as defined in section 
     1044c(b) of title 10, United States Code, and a military 
     testamentary instrument, as defined in section 1044d(b) of 
     such title, that explicitly specifies the use of their 
     cryopreserved and stored gametes if such member dies or 
     otherwise loses the capacity to consent to the use of their 
     cryopreserved and stored gametes.
       (d) Agreements.--To carry out this section, the Secretary 
     may enter into agreements with private entities that provide 
     cryopreservation, transportation, and storage services for 
     gametes.

     SEC. 1086. ASSISTANCE WITH AND CONTINUITY OF CARE REGARDING 
                   REPRODUCTIVE AND FERTILITY PRESERVATION 
                   SERVICES.

       The Secretary of Defense shall ensure that employees of the 
     Department of Defense assist members of the Armed Forces--
       (1) in navigating the services provided under this chapter;
       (2) in finding a provider that meets the needs of such 
     members with respect to such services; and
       (3) in continuing the receipt of such services without 
     interruption during a permanent change of station for such 
     members.

     SEC. 1087. COORDINATION BETWEEN DEPARTMENT OF DEFENSE AND 
                   DEPARTMENT OF VETERANS AFFAIRS ON FURNISHING OF 
                   FERTILITY TREATMENT AND COUNSELING.

       (a) In General.--The Secretary of Defense and the Secretary 
     of Veterans Affairs shall share best practices and facilitate 
     referrals, as they consider appropriate, on the furnishing of 
     fertility treatment and counseling to individuals eligible 
     for the receipt of such counseling and treatment from the 
     Secretaries.
       (b) Memorandum of Understanding.--The Secretary of Defense 
     and the Secretary of Veterans Affairs shall enter into a 
     memorandum of understanding--
       (1) providing that the Secretary of Defense will ensure 
     access by the Secretary of Veterans Affairs to gametes of 
     veterans stored by the Department of Defense for purposes of 
     furnishing fertility treatment under section 1720K of title 
     38, United States Code, as added by section 1089(a); and
       (2) authorizing the Department of Veterans Affairs to 
     compensate the Department of Defense for the 
     cryopreservation, transportation, and storage of gametes of 
     veterans under section 1085.

      CHAPTER 2--REPRODUCTIVE AND ADOPTION ASSISTANCE FOR VETERANS

     SEC. 1088. INCLUSION OF FERTILITY TREATMENT AND COUNSELING 
                   UNDER THE DEFINITION OF MEDICAL SERVICES IN 
                   TITLE 38.

       Section 1701(6) of title 38, United States Code, is amended 
     by adding at the end the following new subparagraph:
       ``(I) Fertility treatment and counseling, including 
     treatment using assisted reproductive technology.''.

     SEC. 1089. FERTILITY TREATMENT AND COUNSELING FOR CERTAIN 
                   VETERANS AND SPOUSES, PARTNERS, AND GESTATIONAL 
                   SURROGATES OF SUCH VETERANS.

       (a) In General.--Subchapter II of chapter 17 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1720K. Fertility treatment and counseling for certain 
       veterans and spouses, partners, and gestational surrogates 
       of such veterans

       ``(a) In General.--(1) The Secretary shall furnish 
     fertility treatment and counseling, including through the use 
     of assisted reproductive technology, to a covered veteran or 
     a spouse, partner, or gestational surrogate of a covered 
     veteran if the veteran, and the spouse, partner, or 
     gestational surrogate of the veteran, as applicable, apply 
     jointly for such treatment and counseling through a process 
     prescribed by the Secretary.
       ``(2) Fertility treatment and counseling shall be furnished 
     under paragraph (1) without regard to the sex, gender 
     identity, sexual orientation, or marital status of the 
     covered veteran.
       ``(3) In the case of in vitro fertilization treatment 
     furnished under paragraph (1), the Secretary may furnish not 
     more than three completed cycles or six attempted cycles of 
     in vitro fertilization, whichever occurs first, to an 
     individual under such paragraph.
       ``(b) Procurement of Gametes.--If a covered veteran is 
     unable to provide their gametes for purposes of fertility 
     treatment under subsection (a), the Secretary shall, at the 
     election of such member, allow such veteran to receive such 
     treatment with donated gametes and pay or reimburse such 
     veteran the reasonable costs of procuring gametes from a 
     donor.
       ``(c) Coordination of Care for Other Individuals.--In the 
     case of a veteran or a spouse, partner, or gestational 
     surrogate of a veteran not described in subsection (a) who

[[Page S5272]]

     is seeking fertility treatment and counseling, the Secretary 
     may coordinate fertility treatment and counseling for such 
     veteran, spouse, partner, or gestational surrogate.
       ``(d) Outreach and Training.--The Secretary shall carry out 
     an outreach and training program to ensure veterans and 
     health care providers of the Department are aware of--
       ``(1) the availability of and eligibility requirements for 
     fertility treatment and counseling under this section; and
       ``(2) any changes to fertility treatment and counseling 
     covered under this section.
       ``(e) Rule of Construction.--Nothing in this section shall 
     be construed to require the Secretary--
       ``(1) to find or certify a gestational surrogate for a 
     covered veteran or to connect a gestational surrogate with a 
     covered veteran; or
       ``(2) to furnish maternity care to a covered veteran or 
     spouse, partner, or gestational surrogate of a covered 
     veteran in addition to what is otherwise required by law.
       ``(f) Definitions.--In this section:
       ``(1) The term `assisted reproductive technology' includes 
     in vitro fertilization and other fertility treatments in 
     which both eggs and sperm are handled when clinically 
     appropriate.
       ``(2) The term `covered veteran' means a veteran who--
       ``(A) has an infertility condition, unless the Secretary 
     can show that the veteran was completely infertile before 
     service in the active military, naval, or air service; and
       ``(B) is enrolled in the system of annual patient 
     enrollment established under section 1705(a) of this title.
       ``(3) The term `fertility treatment' includes the 
     following:
       ``(A) Procedures that use assisted reproductive technology.
       ``(B) Sperm retrieval.
       ``(C) Egg retrieval.
       ``(D) Artificial insemination.
       ``(E) Embryo transfer.
       ``(F) Such other treatments as the Secretary considers 
     appropriate.
       ``(4) The term `infertility condition' includes--
       ``(A) a diagnosis of infertility; or
       ``(B) the inability to conceive or safely carry a pregnancy 
     to term, including as a result of treatment for another 
     condition.
       ``(5) The term `partner', with respect to a veteran, means 
     an individual selected by the veteran who agrees to share 
     with the veteran the parental responsibilities with respect 
     to any child born as a result of the use of any fertility 
     treatment under this section.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter II of chapter 17 of such title is 
     amended by inserting after the item relating to section 1720J 
     the following new item:

``1720K. Fertility treatment and counseling for certain veterans and 
              spouses, partners, and gestational surrogates of such 
              veterans.''.

     SEC. 1090. ADOPTION ASSISTANCE FOR CERTAIN VETERANS.

       (a) In General.--Subchapter VIII of chapter 17 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1790. Adoption assistance

       ``(a) In General.--The Secretary may pay an amount, not to 
     exceed the limitation amount, to assist a covered veteran in 
     the adoption of one or more children, without regard to the 
     sex, gender identity, sexual orientation, or marital status 
     of the covered veteran.
       ``(b) Limitation Amount.--For purposes of this section, the 
     limitation amount is the amount equal to the cost the 
     Department would incur by paying the expenses of three 
     adoptions by covered veterans, as determined by the 
     Secretary.
       ``(c) Covered Veteran Defined.--In this section, the term 
     `covered veteran' has the meaning given that term in section 
     1720K(f) of this title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter VIII of chapter 17 of such title is 
     amended by inserting after the item relating to section 1789 
     the following new item:

``1790. Adoption assistance.''.

     SEC. 1091. ASSISTANCE WITH AND CONTINUITY OF CARE REGARDING 
                   REPRODUCTIVE AND FERTILITY PRESERVATION 
                   SERVICES.

       The Secretary of Veterans Affairs shall ensure that 
     employees of the Department of Veterans Affairs assist 
     veterans--
       (1) in navigating the services provided under this title 
     and the amendments made by this title;
       (2) in finding a provider that meets the needs of such 
     veterans with respect to such services; and
       (3) in continuing the receipt of such services without 
     interruption if such veterans move to a different geographic 
     location.

     SEC. 1092. FACILITATION OF REPRODUCTION AND INFERTILITY 
                   RESEARCH.

       (a) In General.--Subchapter II of chapter 73 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 7330D. Facilitation of reproduction and infertility 
       research

       ``(a) Facilitation of Research Required.--The Secretary 
     shall facilitate research conducted collaboratively by the 
     Secretary of Defense and the Secretary of Health and Human 
     Services to improve the ability of the Department of Veterans 
     Affairs to meet the long-term reproductive health care needs 
     of veterans who have a genitourinary service-connected 
     disability or a condition that was incurred or aggravated in 
     line of duty in the active military, naval, or air service, 
     such as a spinal cord injury, military sexual trauma, or a 
     mental health condition, that affects the ability of the 
     veteran to reproduce.
       ``(b) Dissemination of Information.--The Secretary shall 
     ensure that information produced by the research facilitated 
     under this section that may be useful for other activities of 
     the Veterans Health Administration is disseminated throughout 
     the Veterans Health Administration.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter II of chapter 73 of such title is 
     amended by inserting after the item relating to section 7330C 
     the following new item:

``7330D. Facilitation of reproduction and infertility research.''.
       (c) Report.--
       (1) In general.--Not later than three years after the date 
     of the enactment of this Act, the Secretary of Veterans 
     Affairs shall submit to Congress a report on the research 
     activities conducted by the Secretary under section 7330D of 
     title 38, United States Code, as added by subsection (a).
       (2) Elements.--The report submitted under paragraph (1) 
     shall include demographic data on veterans included in the 
     research conducted under section 7330D of title 38, United 
     States Code, as added by subsection (a), disaggregated by 
     age, race, ethnicity, sex, gender identity, sexual 
     orientation, marital status, type of disability (if 
     applicable), and geographic location of such veterans.

     SEC. 1093. ANNUAL REPORT ON FERTILITY TREATMENT AND 
                   COUNSELING FURNISHED BY DEPARTMENT OF VETERANS 
                   AFFAIRS.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, and not less frequently than 
     annually thereafter, 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 fertility treatment and 
     counseling furnished by the Department of Veterans Affairs, 
     including through non-Department providers, during the year 
     preceding the submittal of the report.
       (b) Elements.--Each report submitted under subsection (a) 
     shall include, for the period covered by the report, the 
     following:
       (1) The number of veterans who were diagnosed with clinical 
     infertility, disaggregated by age, race, ethnicity, sex, 
     gender identity, sexual orientation, marital status, type of 
     disability (if applicable), geographic location, era of 
     military service, and, to the extent possible to determine, 
     the cause of infertility of such veterans.
       (2) The number of veterans who received fertility treatment 
     or counseling furnished by the Department of Veterans 
     Affairs, including through non-Department providers, 
     disaggregated by age, race, ethnicity, sex, gender identity, 
     sexual orientation, marital status, type of disability (if 
     applicable), geographic location, era of military service, 
     and, to the extent possible to determine, the cause of 
     infertility of such veterans.
       (3) The number of veterans who self-reported difficulty 
     becoming pregnant or successfully carrying a pregnancy to 
     term to a health care provider of the Department or a non-
     Department provider, disaggregated by age, race, ethnicity, 
     sex, gender identity, sexual orientation, marital status, 
     type of disability (if applicable), and geographic location 
     of such veterans.
       (4) The number of veterans who were exposed to hazardous 
     chemical or biological agents during service in the Armed 
     Forces who--
       (A) received a clinical diagnosis of infertility; or
       (B) self-reported difficulty becoming pregnant or 
     successfully carrying a pregnancy to term.
       (5) The number of spouses, partners, and gestational 
     surrogates of veterans who received fertility treatment or 
     counseling furnished by the Department, including through 
     non-Department providers.
       (6) The cost to the Department of furnishing fertility 
     treatment and counseling, including through non-Department 
     providers, disaggregated by cost of services and 
     administration.
       (7) The average cost to the Department per recipient of 
     fertility treatment and counseling.
       (8) In cases in which the Department furnished fertility 
     treatment through the use of assisted reproductive 
     technology, including through non-Department providers, the 
     average number of cycles per person furnished, disaggregated 
     by type of treatment.
       (9) A description of how fertility treatment and counseling 
     services of the Department, including those services provided 
     through non-Department providers, are coordinated with 
     similar services of the Department of Defense, including the 
     average wait time for veterans to transfer from the health 
     system of the Department of Defense to the Veterans Health 
     Administration.
       (c) Definitions.--In this section, the terms ``assisted 
     reproductive technology'' and ``partner'' have the meanings 
     given those terms in section 1720K(f) of title 38, United 
     States Code, as added by section 1089(a).

[[Page S5273]]

  


     SEC. 1094. REPORT ON TIMELINESS AND ADEQUACY OF ACCESS BY 
                   VETERANS TO FERTILITY TREATMENT AND COUNSELING 
                   SERVICES FURNISHED BY DEPARTMENT OF VETERANS 
                   AFFAIRS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and not less frequently than every 
     180 days thereafter, the Secretary of Veterans Affairs shall 
     submit to Congress a report containing data on the timeliness 
     and adequacy of access by veterans to fertility treatment and 
     counseling services furnished by the Department of Veterans 
     Affairs, including through non-Department providers.
       (b) Elements.--Each report submitted under subsection (a) 
     shall include, for the period covered by the report, the 
     following:
       (1) The average number of days from when a veteran first 
     seeks fertility treatment to when a referral for such 
     treatment is made and the average number of days from when 
     such referral is made to when an appointment for such 
     treatment occurs, disaggregated by facility of the Department 
     or non-Department provider.
       (2) The average number of days from when a veteran first 
     seeks fertility counseling to when a referral for such 
     counseling is made and the average number of days from when 
     such referral is made to when an appointment for such 
     counseling occurs, disaggregated by facility of the 
     Department or non-Department provider.
       (3) The number of available providers of the Department and 
     non-Department providers for fertility treatment and 
     counseling in each State or territory, disaggregated by 
     facility.
       (4) The average number of days it takes for the Secretary 
     to pay claims for fertility treatment and counseling services 
     from non-Department providers under section 1703D of title 
     38, United States Code.

     SEC. 1095. REGULATIONS ON FURNISHING OF FERTILITY TREATMENT 
                   AND COUNSELING AND ADOPTION ASSISTANCE BY 
                   DEPARTMENT OF VETERANS AFFAIRS.

       Not later than 18 months after the date of the enactment of 
     this Act, the Secretary of Veterans Affairs shall prescribe 
     regulations--
       (1) to carry out section 1720K of title 38, United States 
     Code, as added by section 1089(a); and
       (2) to carry out section 1790 of such title, as added by 
     section 1090(a).
                                 ______
                                 
  SA 5800. Mrs. MURRAY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 632. ADVISORY COUNCIL ON FINANCIAL READINESS.

       Section 992 of title 10, United States Code, is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Advisory Council on Financial Readiness.--
       ``(1) Establishment.--There is established an Advisory 
     Council on Financial Readiness (in this section referred to 
     as the `Council').
       ``(2) Membership.--
       ``(A) In general.--The Council shall consist of 12 members 
     appointed by the Secretary of Defense, as follows:
       ``(i) Three shall be representatives of military support 
     organizations.
       ``(ii) Three shall be representatives of veterans service 
     organizations.
       ``(iii) Three shall be representatives of private, 
     nonprofit organizations with a vested interest in education 
     and communication of financial education and financial 
     services.
       ``(iv) Three shall be representatives of governmental 
     entities with a vested interest in education and 
     communication of financial education and financial services.
       ``(B) Qualifications.--The Secretary shall appoint members 
     to the Council from among individuals qualified to appraise 
     military compensation, military retirement, and financial 
     literacy training.
       ``(C) Terms.--Members of the Council shall serve for terms 
     of three years, except that, of the members first appointed--
       ``(i) four shall be appointed for terms of one year;
       ``(ii) four shall be appointed for terms of two years; and
       ``(iii) four shall be appointed for terms of three years.
       ``(D) Reappointment.--A member of the Council may be 
     reappointed for additional terms.
       ``(E) Vacancies.--Any member appointed to fill a vacancy 
     occurring before the expiration of the term of office for 
     which such member's predecessor was appointed shall be 
     appointed only for the remainder of such term.
       ``(3) Duties and functions.--The Council shall--
       ``(A) advise the Secretary with respect to matters relating 
     to the financial literacy and financial readiness of members 
     of the armed forces; and
       ``(B) submit to the Secretary recommendations with respect 
     to those matters.
       ``(4) Meetings.--
       ``(A) In general.--The Council shall meet not less 
     frequently than twice each year and at such other times as 
     the Secretary requests.
       ``(B) Quorum.--A majority of members shall constitute a 
     quorum and action shall be taken only by a majority vote of 
     the members present and voting.
       ``(5) Support services.--The Secretary--
       ``(A) shall provide to the Council an executive secretary 
     and such secretarial, clerical, and other support services as 
     the Council considers necessary to carry out the duties of 
     the Council; and
       ``(B) may request that other Federal agencies provide 
     statistical data, reports, and other information that is 
     reasonably accessible to assist the Council in the 
     performance of the duties of the Council.
       ``(6) Compensation.--While away from their homes or regular 
     places of business in the performance of services for the 
     Council, members of the Council shall be allowed travel 
     expenses, including per diem in lieu of subsistence, in the 
     same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703 of 
     title 5.
       ``(7) Annual report.--Not less frequently than annually, 
     the Secretary shall submit to Congress a report that--
       ``(A) describes each recommendation received from the 
     Council during the preceding year; and
       ``(B) includes a statement, with respect to each such 
     recommendation, of whether the Secretary has implemented the 
     recommendation and, if not, a description of why the 
     Secretary has not implemented the recommendation.
       ``(8) Termination.--Section 14(a) of the Federal Advisory 
     Committee Act (5 U.S.C. App.) (relating to termination) shall 
     not apply to the Council.
       ``(9) Definitions.--In this subsection:
       ``(A) Military support organization.--The term `military 
     support organization' means an organization that provides 
     support to members of the armed forces and their families 
     with respect to education, finances, health care, employment, 
     and overall well-being.
       ``(B) Veterans service organization.--The term `veterans 
     service organization' means any organization recognized by 
     the Secretary for the representation of veterans under 
     section 5902 of title 38.''.
                                 ______
                                 
  SA 5801. Mrs. MURRAY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 564. INCLUSION OF MILITARY FAMILY SPECIAL NEEDS 
                   COUNSELING IN THE TRANSITION ASSISTANCE 
                   PROGRAM.

       Section 1142 of title 10, United States Code, is amended--
       (1) in subsection (b), by adding at the end the following 
     new paragraph:
       ``(20)(A) Counseling for the member and the family of the 
     member, including the spouse and dependents of the member, on 
     any loss of family medical and special needs benefits due to 
     the transition of the member.
       ``(B) The creation of a personalized plan for support and 
     services in the State the family will transfer to, including 
     services such as respite care, special education support, 
     Medicaid waivers, Supplemental Security Income, 
     conservatorship services, and services for incapacitated 
     dependents.
       ``(C) Options to allow a Judge Advocate General to have 
     power of attorney privileges to complete required 
     documentation for dependent needs prior to the separation of 
     the member.''; and
       (2) in subsection (c)(1)(E), by inserting ``, including 
     family members with special needs'' after ``Disability''.
                                 ______
                                 
  SA 5802. Mr. COONS (for himself, Ms. Murkowski, Mr. Bennet, Ms. 
Rosen, Mr. Cassidy, Ms. Collins, Mrs. Shaheen, Mr. Padilla, and Mr. 
Kaine) submitted an amendment intended to be proposed to amendment SA 
5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to 
be proposed to the bill H.R. 7900, to authorize appropriations for 
fiscal year 2023 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place in subtitle G of title X, insert 
     the following:

[[Page S5274]]

  


     SEC. 10__. NATIONAL CLIMATE ADAPTATION AND RESILIENCE 
                   STRATEGY.

       (a) Definitions.--In this section:
       (1) Adaptation.--The term ``adaptation'' means an 
     adjustment in a natural or human system in response to a new 
     or changing environmental condition, including such an 
     adjustment associated with climate change, that exploits 
     beneficial opportunities or moderates negative effects.
       (2) Adaptive capacity.--The term ``adaptive capacity'' 
     means the ability of a system--
       (A) to adjust to climate vulnerabilities to moderate 
     potential damage or harm;
       (B) to take advantage of new, and potentially beneficial, 
     opportunities; or
       (C) to cope with change.
       (3) Cascading climate hazards.--The term ``cascading 
     climate hazards'' means a series of successive environmental 
     hazards triggered by an initial hazard that is driven or 
     exacerbated by climate change, such that the impacts to 
     vulnerable systems are amplified.
       (4) Chief resilience officer.--The term ``Chief Resilience 
     Officer'' means the Chief Resilience Officer of the United 
     States appointed by the President under subsection (b)(1)(A).
       (5) Climate change.--The term ``climate change'' means 
     changes in average atmospheric and oceanic conditions that 
     persist over multiple decades or longer and are natural or 
     anthropogenic in origin, including--
       (A) both increases and decreases in temperature;
       (B) shifts in precipitation;
       (C) shifts in ecoregion or biome geography and phenology, 
     as applicable;
       (D) changing risk from certain types of rapid-onset climate 
     hazards and slow-onset climate hazards; and
       (E) changes to other features of the climate system.
       (6) Climate information.--The term ``climate information'' 
     means information, data, or products that enhance knowledge 
     and understanding of climate science, risk, conditions, 
     vulnerability, or impact, including--
       (A) climate data products;
       (B) historic or future climate projections or scenarios;
       (C) climate risk or vulnerability information;
       (D) data or information related to climate adaptation and 
     mitigation; and
       (E) other best available climate science.
       (7) Compound climate hazards.--The term ``compound climate 
     hazards'' means 2 or more environmental hazards driven or 
     exacerbated by climate change that occur simultaneously or 
     successively, such that the impacts to vulnerable systems are 
     amplified.
       (8) Council.--The term ``Council'' means the Partners 
     Council on Climate Adaptation and Resilience established by 
     subsection (c)(1).
       (9) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term ``Executive agency'' in section 105 of 
     title 5, United States Code.
       (10) Freely associated state.--The term ``Freely Associated 
     State'' means--
       (A) the Federated States of Micronesia;
       (B) the Republic of the Marshall Islands; and
       (C) the Republic of Palau.
       (11) Frontline communities.--The term ``frontline 
     communities'' means human communities that--
       (A) are highly vulnerable to climate change or exposed to 
     climate risk;
       (B) experience the earliest, most adverse impacts of 
     climate change; and
       (C) may have a reduced ability to adapt to climate change 
     due to a lack of resources, political power, or adaptive 
     capacity.
       (12) Implementation plan.--The term ``Implementation Plan'' 
     means the Implementation Plan jointly developed by the Chief 
     Resilience Officer and the Working Groups under subsection 
     (e)(2).
       (13) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (14) National climate assessment.--The term ``National 
     Climate Assessment'' means the assessment delivered to 
     Congress and the President pursuant to section 106 of the 
     Global Change Research Act of 1990 (15 U.S.C. 2936).
       (15) Natural infrastructure.--The term ``natural 
     infrastructure'' means infrastructure that--
       (A) uses, restores, or emulates natural ecological, 
     geological, or physical processes; and
       (B)(i) is created through the action of natural physical, 
     geological, biological, and chemical processes over time;
       (ii) is created by human design, engineering, and 
     construction to emulate or act in concert with natural 
     processes; or
       (iii) involves the use of plants, soils, and other natural 
     features, including through the creation, restoration, or 
     preservation of natural areas using materials appropriate to 
     the region to manage stormwater and runoff, to attenuate 
     flooding and storm surges, to manage erosion and saltwater 
     intrusion, and for other related purposes.
       (16) Non-federal partner.--The term ``non-Federal partner'' 
     means a member of a unit of State, local, or territorial 
     government, the government of an Indian Tribe, the government 
     of a Freely Associated State, a private sector entity, or 
     another individual or organization not affiliated with the 
     Federal Government.
       (17) Operations report.--The term ``Operations Report'' 
     means the National Climate Adaptation and Resilience 
     Operations Report jointly developed by the Chief Resilience 
     Officer and the Working Groups under subsection (d).
       (18) Rapid-onset climate hazard.--The term ``rapid-onset 
     climate hazard'' means an abrupt environmental hazard driven 
     or exacerbated by climate change that occurs quickly or 
     unexpectedly and triggers impacts that materialize rapidly 
     and interact with conditions of exposure and vulnerability to 
     result in a disaster.
       (19) Represented agency.--The term ``represented agency'' 
     means each Federal agency from which the Chief Resilience 
     Officer appoints a member to a Working Group under subsection 
     (b)(2)(D)(ii)(II).
       (20) Resilience.--The term ``resilience'' means the 
     capacity of a social, physical, economic, or environmental 
     system to cope with an environmental hazard event, trend, or 
     disturbance that is driven or exacerbated by climate change 
     by responding or reorganizing in ways that maintain, to the 
     greatest extent practicable, the essential function, 
     identity, and structure of the system and ensure that, in the 
     event of a rapid-onset climate hazard or a slow-onset climate 
     hazard, basic human needs are met, while also maintaining the 
     capacity for adaptation and transformation.
       (21) Risk.--
       (A) In general.--The term ``risk'' means the potential for 
     consequences in a situation in which--
       (i) something of value is at stake; and
       (ii) the outcome is uncertain.
       (B) Inclusion.--The term ``risk'' includes the potential 
     for consequences described in subparagraph (A) that is 
     evaluated as the product obtained by multiplying--
       (i) the probability of a hazard occurring; by
       (ii) the consequence that would result if the hazard 
     occurred.
       (22) Slow-onset climate hazard.--
       (A) In general.--The term ``slow-onset climate hazard'' 
     means an environmental hazard driven or exacerbated by 
     climate change that evolves gradually through time due to 
     incremental change or because of an increasing frequency or 
     intensity of recurring climate impacts.
       (B) Inclusions.--The term ``slow-onset climate hazard'' 
     includes hazards such as--
       (i) sea level rise;
       (ii) desertification;
       (iii) biodiversity loss or the alteration of or shift in 
     habitat range of individual species or entire biomes;
       (iv) increasing temperatures;
       (v) ocean acidification;
       (vi) saltwater intrusion;
       (vii) soil salinization;
       (viii) drought and water scarcity;
       (ix) reduced snow pack;
       (x) sea ice retreat;
       (xi) glacial ice retreat;
       (xii) permafrost thaw; and
       (xiii) coastal and river bank erosion.
       (23) Strategy.--The term ``Strategy'' means the National 
     Climate Adaptation and Resilience Strategy required to be 
     developed jointly by the Chief Resilience Officer and the 
     Working Groups under subsection (e)(1).
       (24) Territorial government.--The term ``territorial 
     government'' means the government of a territory (as defined 
     in section 602(g) of the Social Security Act (42 U.S.C. 
     802(g))).
       (25) Vulnerability.--The term ``vulnerability'' means the 
     propensity or predisposition of a human individual or 
     community or physical, biological, or socioeconomic system to 
     be susceptible to and adversely affected by the impacts of 
     climate change.
       (26) Working group.--The term ``Working Group'' means a 
     National Climate Adaptation and Resilience Working Group 
     established by the Chief Resilience Officer under subsection 
     (b)(2).
       (b) Chief Resilience Officer and National Climate 
     Adaptation and Resilience Working Groups.--
       (1) Chief resilience officer.--
       (A) In general.--Not later than 120 days after the date of 
     enactment of this Act, the President shall identify or 
     appoint a Chief Resilience Officer of the United States to 
     serve in the Executive Office of the President.
       (B) Duties.--The Chief Resilience Officer shall--
       (i) serve the President by directing a whole-of-government 
     effort to build resilience to climate change vulnerabilities 
     in the United States (as described in the National Climate 
     Assessment or other relevant analyses identified by the Chief 
     Resilience Officer) in collaboration with existing Federal 
     initiatives and interagency adaptation efforts;
       (ii) establish Working Groups in accordance with paragraph 
     (2) to facilitate interagency coordination with respect to 
     climate resilience and adaptation; and
       (iii) at the end of a presidential administration, delegate 
     the duties of the Chief Resilience Officer to the Executive 
     Secretary of the Working Groups designated under paragraph 
     (2)(F)(i)(I) until a new Chief Resilience Officer is 
     appointed.
       (C) Compensation.--The Chief Resilience Officer shall be 
     compensated by the Federal Government at level III of the 
     Executive Schedule in subchapter II of chapter 53 of title 5, 
     United States Code.
       (2) Working groups.--
       (A) Establishment.--
       (i)  In general.--Subject to clause (ii), the Chief 
     Resilience Officer shall establish the

[[Page S5275]]

     minimum number of National Climate Adaptation and Resilience 
     Working Groups that is necessary to carry out the duties and 
     purposes described in subparagraph (C).
       (ii) Limitation.--The Chief Resilience Officer shall not 
     establish more than 5 Working Groups.
       (B) Focus.--Each Working Group shall focus on a topic or 
     series of related topics with respect to climate adaptation 
     and resilience, as determined by the Chief Resilience 
     Officer.
       (C) Duties and purpose.--Each Working Group shall, under 
     the leadership of the Chief Resilience Officer, with respect 
     to the focus of the Working Group--
       (i) coordinate a whole-of-government plan to build 
     resilience to the applicable climate change vulnerabilities 
     described in the National Climate Assessment or other 
     relevant analyses identified by the Chief Resilience Officer;
       (ii) assist in the development of the applicable portions 
     of--

       (I) the Operations Report;
       (II) the Strategy; and
       (III) the Implementation Plan; and

       (iii) assist in the standardization across represented 
     agencies of, with respect to climate change, the term 
     ``resilience'' to promote greater consistency in Federal 
     resilience leadership.
       (D) Structure.--
       (i) Chairperson.--

       (I) In general.--Subject to a designation under subclause 
     (III), the Chief Resilience Officer shall serve as 
     chairperson of each Working Group.
       (II) Temporary chairperson.--The President or the Chief 
     Resilience Officer may designate another staff member or 
     member of a Working Group to act temporarily as the 
     chairperson of that Working Group in the absence of the Chief 
     Resilience Officer.
       (III) Designated agency chairperson.--The Chief Resilience 
     Officer may designate as chairperson of a Working Group the 
     head of a represented agency that serves on that Working 
     Group.

       (ii) Membership.--In establishing a Working Group, the 
     Chief Resilience Officer shall--

       (I) identify each Federal agency with operations or 
     organizational units that are relevant to the focus of the 
     Working Group; and
       (II) appoint 1 member of each Federal agency identified 
     under subclause (I) to represent that Federal agency on the 
     Working Group.

       (iii) Requirement.--In appointing a member of a Working 
     Group under clause (ii)(II), the Chief Resilience Officer 
     shall, to the maximum extent practicable, appoint the head of 
     the portion of the represented agency that is most relevant 
     to the focus of the Working Group.
       (iv) Duties of members.--Each member of a Working Group--

       (I) shall attend meetings of the Working Group; and
       (II) work to support the duties of the Working Group.

       (E) Meetings.--
       (i) In general.--Each Working Group shall meet not less 
     frequently than once every 180 days.
       (ii) Quorum.--\3/4\ of the members of a Working Group shall 
     constitute a quorum of the Working Group.
       (iii) Remote participation.--A member of a Working Group 
     may participate in a meeting of that Working Group through 
     teleconference or similar means.
       (F) Support personnel.--
       (i) Executive secretary.--

       (I) In general.--The Chief Resilience Officer shall 
     designate a permanent employee of a represented agency to 
     serve as Executive Secretary of the Working Groups.
       (II) Employment.--The employee designated as Executive 
     Secretary under subclause (I) shall remain an employee of the 
     agency, department, or program from which the employee was 
     appointed.

       (ii) Necessary assistance.--To carry out the purposes of 
     each Working Group, as described in subparagraph (C), each 
     represented agency with a member on the Working Group shall 
     furnish necessary assistance to that Working Group, such as--

       (I) a detail of employees to the Working Group to perform 
     such functions, consistent with the purposes of the Working 
     Group described in subparagraph (C), as the Chief Resilience 
     Officer may assign, including support staff for the Executive 
     Secretary appointed under clause (i)(I); and
       (II) on request of the Chief Resilience Officer, 
     undertaking special studies for the Working Group as may be 
     appropriate to carry out the functions of the Working Group.

       (c) Partners Council on Climate Adaptation and 
     Resilience.--
       (1) Establishment.--There is established a council, to be 
     known as the ``Partners Council on Climate Adaptation and 
     Resilience''.
       (2) Mission and function.--The Council shall work to 
     improve the climate adaptation and resilience operations of 
     the Federal Government by providing recommendations through 
     the Chief Resilience Officer, including those recommendations 
     contained in the report required under paragraph (3), that 
     identify how the Federal Government can better support non-
     Federal partners with equitable resources, technical 
     assistance, improved policies, and other assistance to help 
     frontline communities build resilience to climate change.
       (3) Report.--Not later than 16 months after the date of 
     enactment of this Act, and every 3 years thereafter, the 
     Council, acting through the Chief Resilience Officer, shall 
     submit to the President and the Working Groups a report that 
     includes--
       (A) an analysis of the deficiencies or gaps in the climate 
     resilience operations of the Federal Government that reduce 
     or fail to increase the capacity of non-Federal partners to 
     adapt to climate change;
       (B) an identification of the resources, including Federal 
     funding, necessary for non-Federal partners to adequately 
     adapt to climate change; and
       (C) recommendations with respect to how the Federal 
     Government could better support efforts by non-Federal 
     partners to expeditiously address vulnerabilities associated 
     with climate change and build climate resilience.
       (4) Chair and vice-chair.--The Chief Resilience Officer 
     shall serve as chairperson of the Council and shall appoint a 
     vice-chairperson from among the members of the Council 
     appointed pursuant to paragraph (5).
       (5) Membership.--
       (A) In general.--In addition to the Chief Resilience 
     Officer, the Council shall consist of not more than 23 
     members appointed by the Chief Resilience Officer.
       (B) Appointment.--
       (i) In general.--The Chief Resilience Officer shall appoint 
     members of the Council who can support the Working Groups by 
     articulating how the Federal Government can better support 
     State governments, local governments, territorial 
     governments, the governments of Indian Tribes, the 
     governments of Freely Associated States, nonprofit 
     organizations, or private sector entities to build resilience 
     to climate change.
       (ii) Non-federal partner members.--The Chief Resilience 
     Officer shall appoint 20 non-Federal partner members of the 
     Council as follows:

       (I) 12 members who are employees of State governments, 
     local governments, territorial governments, the governments 
     of Indian Tribes, or the governments of Freely Associated 
     States, of which--

       (aa) not fewer than 2 shall be employees of a State 
     government;
       (bb) not fewer than 2 shall be employees of a unit of local 
     government;
       (cc) not fewer than 2 shall be employees of the government 
     of an Indian Tribe; and
       (dd) not fewer than 2 shall be employees of a territorial 
     government or the government of a Freely Associated State; 
     and

       (II) 8 members who represent nongovernmental organizations 
     and the private sector, of which--

       (aa) 3 shall represent nongovernmental organizations;
       (bb) 3 shall represent the private sector; and
       (cc) 2 shall represent academic institutions.
       (iii) Represented agency members.--The Chief Resilience 
     Officer may, with the consent of those representatives, 
     appoint not more than 3 representatives of represented 
     agencies to the Council that the Chief Resilience Officer 
     determines would promote dialogue useful for implementation 
     of the duties of the Council while keeping the size of the 
     Council manageable.
       (iv) Selection.--To the maximum extent practicable, the 
     Chief Resilience Officer shall seek to select members of the 
     Council who--

       (I) possess first-hand, lived experience of climate 
     vulnerability in the United States, including direct 
     experience working with, or as members of, frontline 
     communities; and
       (II) represent a diversity of--

       (aa) perspectives;
       (bb) demographics;
       (cc) geographies;
       (dd) political affiliations; and
       (ee) institution sizes, including representatives of both 
     small and large units of government and businesses.
       (v) Term.--Members appointed to the Council shall serve a 
     single term of not more than 3 years, except that--

       (I) of the initial members appointed to the Council, the 
     Chief Resilience Officer shall appoint--

       (aa) \1/2\ of the members to serve for a term of 18 months; 
     and
       (bb) \1/2\ of the members to serve a term of 3 years; and

       (II) the Chief Resilience Officer may extend the term of 
     any member of the Council by a period of not more than 1 year 
     on a one-time basis, if the Chief Resilience Officer 
     determines it necessary to support the work of the Council.

       (vi) Vacancies.--

       (I) In general.--A vacancy in the Council shall be filled 
     in the same manner in which the original selection was made.
       (II) Appointment of new members.--After the expiration of 
     the term for which a member of the Council is appointed, the 
     member may continue to serve until a successor is appointed.

       (6) Meetings.--
       (A) In general.--The Council shall meet not less frequently 
     than once every 180 days.
       (B) Quorum.--\3/4\ of the members of the Council shall 
     constitute a quorum of the Council.
       (C) Remote participation.--A member of the Council may 
     participate in a meeting of the Council through 
     teleconference or similar means.
       (7) Applicability of faca.--Section 14 of the Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     Council.

[[Page S5276]]

       (d) National Climate Adaptation and Resilience Operations 
     Report.--Not later than 16 months after the date of enactment 
     of this Act, and every 3 years thereafter, the Chief 
     Resilience Officer and the Working Groups shall jointly and 
     simultaneously submit to the President and Congress a 
     National Climate Adaptation and Resilience Operations Report 
     that includes--
       (1) a summary of the existing climate resilience operations 
     of each represented agency that includes--
       (A) the roles and responsibilities of each represented 
     agency in building national resilience to the climate 
     vulnerabilities described in the National Climate Assessment 
     or other analyses relevant to each represented agency;
       (B) the major findings and conclusions from climate 
     adaptation plans or risk or vulnerability assessments 
     prepared by each represented agency;
       (C) the mechanisms by which each represented agency 
     supports the resilience efforts of non-Federal partners, such 
     as by providing funding, resources, and technical assistance; 
     and
       (D) an assessment of how each represented agency is working 
     to ensure equitable adaptation outcomes; and
       (2) a cross-agency analysis of the resilience operations 
     identified under paragraph (1) that--
       (A) identifies--
       (i) the challenges, barriers, or disincentives for the 
     Federal Government to build resilience to climate change in 
     the United States;
       (ii) the inconsistencies in goals, priorities, or 
     strategies underlying climate resilience operations and 
     policy across represented agencies that may inhibit effective 
     interagency coordination to support national climate 
     resilience, including--

       (I) the areas of necessary differences in those goals, 
     priorities, or strategies; and
       (II) the justifications for those inconsistencies;

       (iii) areas of overlap or redundant use of resources 
     between or among represented agencies, including 
     recommendations to eliminate any unnecessary or unintentional 
     redundancy;
       (iv) gaps or deficiencies in resilience operations and 
     policy that need to be addressed in the context of the 
     Strategy;
       (v) opportunities for greater collaboration between or 
     among represented agencies to improve Federal Government 
     resilience operations and policy; and
       (vi) opportunities for greater collaboration between the 
     Federal Government and non-Federal partners to build local-
     level adaptive capacity and resilience; and
       (B) includes a review and summary of all available Federal 
     funding from represented agencies that is specifically 
     allocated for climate adaptation activities to be undertaken 
     by non-Federal partners, including--
       (i) a summary of Federal funding available in 
     appropriations accounts and subaccounts;
       (ii) disparities between the supply and demand for 
     adaptation funding available to non-Federal partners; and
       (iii) existing mechanisms to ensure Federal funding 
     allocations are being directed to frontline communities with 
     the greatest level of vulnerability.
       (e) National Climate Adaptation and Resilience Strategy.--
       (1) Strategy.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Chief Resilience Officer and the 
     Working Groups shall jointly submit and simultaneously to the 
     President and Congress a National Climate Adaptation and 
     Resilience Strategy.
       (B) Updates.--Not later than the date that is 3 years after 
     the date on which the Chief Resilience Officer and the 
     Working Groups jointly and simultaneously submit the Strategy 
     to the President and Congress under subparagraph (A), and 
     every 3 years thereafter, the Chief Resilience Officer and 
     the Working Groups shall jointly submit an updated version of 
     the Strategy to the President and Congress to account for--
       (i) new science related to climate change, resilience, and 
     adaptation;
       (ii) relevant changes in Federal Government structure, 
     congressional authorities, or appropriations; and
       (iii) any other necessary improvements or changes 
     identified by the Chief Resilience Officer.
       (C) Purpose and scope.--The Strategy shall describe 
     strategies for the Federal Government, in partnership with 
     non-Federal partners, to address the vulnerabilities of the 
     United States to climate change described in the National 
     Climate Assessment or other relevant analyses identified by 
     the Chief Resilience Officer to ensure that--
       (i) the United States has an overarching strategic vision 
     to respond to climate change that--

       (I) identifies national climate resilience goals and guides 
     national climate adaptation efforts;
       (II) facilitates the incorporation of the climate 
     resilience goals identified under subclause (I) into relevant 
     national programs, operations, and strategies;
       (III) develops proactive, long-term, scenario-based 
     strategies to plan for and respond to current and future 
     climate impacts to human communities, natural resources and 
     public land, and infrastructure and other physical assets;
       (IV) emphasizes forward-thinking adaptation strategies, 
     including predisaster mitigation, that seek to overcome 
     repeated climate impacts to vulnerable systems and 
     communities;
       (V) prioritizes climate resilience efforts to support the 
     most vulnerable human communities and the most urgent 
     national resilience challenges, as determined by the Chief 
     Resilience Officer in consultation with the Working Groups;
       (VI) avoids unnecessary redundancies and inefficiencies in 
     the national planning for and response to climate change; and
       (VII) recognizes the vulnerability of natural systems to 
     climate change and underscores the importance of promoting 
     ecosystem resilience to preserve the intrinsic value of 
     nature and support ecosystem services relied on by human 
     beings;

       (ii) Federal investments in Federal and non-Federal 
     infrastructure and assets promote climate resilience to the 
     maximum extent practicable; and
       (iii) the adaptive capacity and resilience of State 
     governments, local governments, territorial governments, the 
     governments of Indian Tribes, and governments of Freely 
     Associated States are maximized to the maximum extent 
     practicable.
       (D) Council recommendations.--In developing the Strategy, 
     the Chief Resilience Officer and Working Groups shall 
     consider the recommendations of the Council.
       (E) Inclusions.--In addition to the overarching strategies 
     developed in accordance with subparagraph (C), the Strategy 
     shall include information with respect to the following:
       (i) Direct federal government response to climate change.--

       (I) Addressing the limitations, redundancies, and 
     opportunities for improved resilience operations of the 
     Federal Government that are identified in the Operations 
     Report.
       (II) Better preparing the United States for the adverse 
     impacts experienced or anticipated to be experienced as a 
     result of--

       (aa) rapid-onset climate hazards;
       (bb) slow-onset climate hazards;
       (cc) compound climate hazards; and
       (dd) cascading climate hazards.

       (III) Educating, engaging, or developing the skills of the 
     workforce of the represented agencies with respect to topics 
     related to climate change vulnerability and resilience to 
     promote effective Federal resilience operations.
       (IV) An identification of opportunities and appropriate 
     circumstances for represented agencies to better utilize 
     natural infrastructure as an adaptation strategy.

       (ii) Support of non-federal partners' response to climate 
     change.--

       (I) Methods for represented agencies to better collaborate 
     and work directly with non-Federal partners to increase the 
     resilience and adaptive capacity of State governments, local 
     governments, territorial governments, the governments of 
     Indian Tribes, the governments of Freely Associated States, 
     and other non-Federal partners.
       (II) Educating non-Federal partners about the availability 
     of Federal funding opportunities identified in the Operations 
     Report under subsection (d)(2)(B), including the development 
     of a centralized, cross-agency portal that allows non-Federal 
     partners to easily identify and apply for appropriate Federal 
     funding opportunities for the specific resilience needs of 
     those non-Federal partners.
       (III) Clarifying, simplifying, and harmonizing the planning 
     requirements and application processes for State governments, 
     local governments, territorial governments, the governments 
     of Indian Tribes, and the governments of Freely Associated 
     States to access Federal funds for climate adaptation and 
     resilience efforts across represented agencies.
       (IV) Identifying under-resourced communities and 
     communities with low adaptive capacity and resilience and to 
     directly support those communities in applying for Federal 
     funds for climate adaptation and resilience efforts.
       (V) Supporting the retreat or relocation of human 
     communities in areas that are at increasing risk from climate 
     change, in particular from slow-onset climate hazards, 
     including strategies to better manage equitable property 
     buyouts, managed retreat, or relocation options for 
     communities in those areas.

       (iii) Climate information.--

       (I) Increasing the accessibility and utility of climate 
     information that is produced, published, or hosted by the 
     Federal Government, including strategies to better 
     collaborate across the represented agencies and work with 
     non-Federal partners--

       (aa) to provide the high-quality, locally relevant climate 
     information and, where practicable and useful, transparent 
     and replicable downscaled climate projections that are 
     necessary to support local-level adaptation efforts;
       (bb) to establish improved methods of communicating climate 
     risk and other relevant climate information;
       (cc) to better educate non-Federal partners about the 
     available resources for climate information; and
       (dd) to assist non-Federal partners in selecting and using 
     appropriate climate information or related tools.

       (II) Standardized procedures to synthesize, align, and 
     update climate information produced, published, or hosted by 
     the Federal Government to create arrays of standardized 
     national, regional, and, where applicable, local climate 
     information for adaptation planning.

[[Page S5277]]

       (III) An assessment of the necessity and utility of 
     developing or improving a centralized clearinghouse and 
     dedicated Federal program for climate information to better 
     provide climate information to end users.
       (IV) Developing the centralized clearinghouse or dedicated 
     Federal program described in subclause (III), if such an 
     effort is determined to be necessary by the Chief Resilience 
     Officer.

       (iv) Resilience metrics and indicators.--At the discretion 
     of the Chief Resilience Officer, developing or improving 
     resilience metrics and indicators to assist the Federal 
     Government and non-Federal partners--

       (I) to the maximum extent practicable, to consistently 
     measure the resilience of human communities, natural systems, 
     and physical assets to climate change;
       (II) to set baselines and targets to measurably increase 
     climate resilience over time; and
       (III) to better monitor and assess the effectiveness of 
     various resilience-building activities after implementation.

       (v) Funding climate adaptation.--

       (I) Helping to prioritize Federal funding expenditures for 
     adaptation and resilience in consideration of the greatest 
     vulnerabilities.
       (II) Creating financial incentives for adaptation and 
     resilience efforts.
       (III) A review of the cost-benefit analysis methodologies 
     and discount rates used by represented agencies for all 
     Federal investments, including a review of the implications 
     of those methodologies and discount rates for climate 
     adaptation and resilience.
       (IV) Recommendations to improve the methodologies described 
     in subclause (III) to reflect--

       (aa) the added value of resilience planning and 
     construction methodologies over the lifetime of a project or 
     unit of infrastructure;
       (bb) the benefits of natural infrastructure investments;
       (cc) the potential value of retreat and relocation as 
     adaptation solutions; and
       (dd) to what extent existing cost-benefit analysis 
     methodologies lead to inequitable outcomes or outcomes that 
     increase climate vulnerability.
       (vi) Social equity.--

       (I) Ensuring that the costs, benefits, and risks resulting 
     from climate resilience efforts, including funding 
     allocations, the methodologies for determining funding 
     allocations, and existing and future policies, are equitably 
     distributed among sectors of society, types of communities, 
     and geographies.
       (II) Ensuring that federally supported climate resilience 
     efforts are--

       (aa) designed in consultation with the communities that 
     will be affected by those efforts; and
       (bb) centered on the needs of those communities.

       (III) To the greatest extent practicable, integrating 
     social equity considerations across all aspects of the 
     Strategy.

       (2) Implementation plan.--Concurrently with the Strategy 
     and each update of the Strategy, the Chief Resilience Officer 
     and the Working Groups shall jointly and simultaneously 
     submit to the President and Congress an Implementation Plan 
     that describes how represented agencies intend to carry out 
     the Strategy, which shall include--
       (A) a description of the roles and responsibilities of each 
     represented agency in carrying out each element of the 
     Strategy described in paragraph (1);
       (B) a plan to enter into such interagency agreements 
     between and among represented agencies, partnerships with 
     non-Federal entities, and other agreements for coordination 
     between and among the Federal Government and non-Federal 
     partners as may be necessary to facilitate a unified national 
     plan to build resilience to climate change; and
       (C) the use of any relevant metrics and indicators 
     described in paragraph (1)(E)(iv).
       (3) Assessment.--Not later than 2 years following the 
     completion of each Strategy under paragraph (1)(A) and each 
     Implementation Plan, the Comptroller General of the United 
     States shall simultaneously submit to the President and 
     Congress a report that assesses--
       (A) the extent to which the Strategy and Implementation 
     Plan have been carried out by the Federal Government, which 
     shall be judged, as appropriate, based on any metrics and 
     indicators developed to track progress in increasing 
     resilience under paragraph (1)(E)(iv);
       (B) the effectiveness of the actions taken under the 
     Strategy and Implementation Plan and the resulting outcomes 
     of those actions in building national resilience to climate 
     change; and
       (C) the progress made towards the development of an 
     effective whole-of-government effort to build resilience to 
     the climate vulnerabilities described in the National Climate 
     Assessment or other relevant analyses identified by the Chief 
     Resilience Officer, including recommendations for additional 
     steps necessary to reach this goal.
       (4) Public comment.--The Chief Resilience Officer shall--
       (A) publish draft and final versions of the Strategy and 
     Implementation Plan, and each update to the Strategy and 
     Implementation Plan; and
       (B) through publication in the Federal Register, solicit 
     comments from the public on the draft versions of the 
     documents published under subparagraph (A) for a period of 60 
     days, which the Chief Resilience Officer and the Working 
     Groups shall consider before submitting final versions of the 
     Strategy and Implementation Plan, and updates to the Strategy 
     and Implementation Plan, to the President and Congress.
       (f) Sunset.--This section ceases to be effective on the 
     date that is the earlier of--
       (1) the date on which the Comptroller General of the United 
     States submits to the President and Congress the third 
     assessment report under subsection (e)(3); and
       (2) the date that is the last day of fiscal year 2033.
                                 ______
                                 
  SA 5803. Mr. REED (for himself and Ms. Collins) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. WEATHERIZATION ASSISTANCE PROGRAM.

       (a) Weatherization Readiness Fund.--Section 414 of the 
     Energy Conservation and Production Act (42 U.S.C. 6864) is 
     amended by adding at the end the following:
       ``(d) Weatherization Readiness Fund.--
       ``(1) In general.--The Secretary shall establish a fund, to 
     be known as the `Weatherization Readiness Fund', from which 
     the Secretary shall distribute funds to States receiving 
     financial assistance under this part, in accordance with 
     subsection (a).
       ``(2) Use of funds.--
       ``(A) In general.--A State receiving funds under paragraph 
     (1) shall use the funds for repairs to dwelling units 
     described in subparagraph (B) that will remediate the 
     applicable structural defects or hazards of the dwelling unit 
     so that weatherization measures may be installed.
       ``(B) Dwelling unit.--A dwelling unit referred to in 
     subparagraph (A) is a dwelling unit occupied by a low-income 
     person that, on inspection pursuant to the program under this 
     part, was found to have significant defects or hazards that 
     prevented the installation of weatherization measures under 
     the program.
       ``(3) Authorization of appropriations.--In addition to 
     amounts authorized to be appropriated under section 422, 
     there is authorized to be appropriated to the Secretary to 
     carry out this subsection $65,000,000 for each of fiscal 
     years 2023 through 2027.''.
       (b) State Average Cost Per Unit.--
       (1) In general.--Section 415(c) of the Energy Conservation 
     and Production Act (42 U.S.C. 6865(c)) is amended--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A)--

       (I) in the first sentence, by striking ``$6,500'' and 
     inserting ``$12,000''; and
       (II) by striking ``(c)(1) Except as provided in paragraphs 
     (3) and (4)'' and inserting the following:

       ``(c) Financial Assistance.--
       ``(1) In general.--Except as provided in paragraphs (3), 
     (4), and (6)'';
       (ii) by conforming the margins of subparagraphs (A) through 
     (D) to the margin of subparagraph (E);
       (iii) in subparagraph (D), by striking ``, and'' and 
     inserting ``; and''; and
       (iv) in subparagraph (E), by adding a period at the end;
       (B) in paragraph (2), in the first sentence, by striking 
     ``weatherized (including dwelling units partially 
     weatherized)'' and inserting ``fully weatherized'';
       (C) in paragraph (4), by striking ``$3,000'' and inserting 
     ``$6,000'';
       (D) in paragraph (5)--
       (i) in subparagraph (A)(i), by striking ``(6)(A)(ii)'' and 
     inserting ``(7)(A)(ii)''; and
       (ii) by striking ``(6)(A)(i)(I)'' each place it appears and 
     inserting ``(7)(A)(i)(I)'';
       (E) by redesignating paragraph (6) as paragraph (7); and
       (F) by inserting after paragraph (5) the following:
       ``(6) Limit increase.--The Secretary may increase the 
     amount of financial assistance provided per dwelling unit 
     under this part beyond the limit specified in paragraph (1) 
     if the Secretary determines that market conditions require 
     such an increase to achieve the purposes of this part.''.
       (2) Conforming amendment.--Section 414D(b)(1)(C) of the 
     Energy Conservation and Production Act (42 U.S.C. 
     6864d(b)(1)(C)) is amended by striking ``415(c)(6)(A)'' and 
     inserting ``415(c)(7)''.
                                 ______
                                 
  SA 5804. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:


[[Page S5278]]


  

        At the appropriate place, insert the following:

     SEC. __. DHS TRADE AND ECONOMIC SECURITY COUNCIL.

       (a) Establishment of the DHS Trade and Economic Security 
     Council.--
       (1) Definitions.--In this subsection:
       (A) Council.--The term ``Council'' means the DHS Trade and 
     Economic Security Council established under paragraph (2).
       (B) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (C) Economic security.--The term ``economic security'' has 
     the meaning given that term in section 890B(c)(2) of the 
     Homeland Security Act of 2002 (6 U.S.C. 474(c)(2)).
       (D) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (2) DHS trade and economic security council.--In accordance 
     with the mission of the Department under section 101(b) of 
     the Homeland Security Act of 2002 (6 U.S.C. 111(b)), and in 
     particular paragraph (1)(F) of that section, the Secretary 
     shall establish a standing council of component heads or 
     their designees within the Department, which shall be known 
     as the ``DHS Trade and Economic Security Council''.
       (3) Duties of the council.--Pursuant to the scope of the 
     mission of the Department as described in paragraph (2), the 
     Council shall provide to the Secretary advice and 
     recommendations on matters of trade and economic security, 
     including--
       (A) identifying concentrated risks for trade and economic 
     security;
       (B) setting priorities for securing the trade and economic 
     security of the United States;
       (C) coordinating Department-wide activity on trade and 
     economic security matters;
       (D) with respect to the development of the continuity of 
     the economy plan of the President under section 9603 of the 
     William M. (Mac) Thornberry National Defense Authorization 
     Act of Fiscal Year 2021 (6 U.S.C. 322);
       (E) proposing statutory and regulatory changes impacting 
     trade and economic security; and
       (F) any other matters the Secretary considers appropriate.
       (4) Chair and vice chair.--The Under Secretary for 
     Strategy, Policy, and Plans of the Department--
       (A) shall serve as Chair of the Council; and
       (B) may designate a Council member as a Vice Chair.
       (5) Meetings.--The Council shall meet not less frequently 
     than quarterly, as well as--
       (A) at the call of the Chair; or
       (B) at the direction of the Secretary.
       (6) Briefings.--Not later than 180 days after the date of 
     enactment of this Act and every 180 days thereafter for 4 
     years, the Council shall brief the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives on the actions and activities of the 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:
       ``(g) Assistant Secretary for Trade and Economic 
     Security.--
       ``(1) In general.--There is established within the Office 
     of Strategy, Policy, and Plans an Assistant Secretary for 
     Trade and Economic Security.
       ``(2) Duties.--At the direction of the Under Secretary for 
     Strategy, Policy, and Plans, 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, at the direction of the 
     Under Secretary for Strategy, Policy, and Plans, may--
       ``(A) oversee--
       ``(i) coordination of supply chain policy; and
       ``(ii) assessments and reports to Congress related to 
     critical economic security domains;
       ``(B) serve as the representative of the Under Secretary 
     for Strategy, Policy, and Plans for the purposes of 
     representing the Department on--
       ``(i) the Committee on Foreign Investment in the United 
     States; and
       ``(ii) the Committee for the Assessment of Foreign 
     Participation in the United States Telecommunications 
     Services Sector;
       ``(C) coordinate with stakeholders in other Federal 
     departments and agencies and nongovernmental 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 that term in section 890B(c)(2).''.
       (c) Rule of Construction.--Nothing in this section or the 
     amendments made by this section shall be construed to affect 
     or diminish the authority otherwise granted to any other 
     officer of the Department of Homeland Security.
                                 ______
                                 
  SA 5805. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1276. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE 
                   UNITED STATES OF CERTAIN FOREIGN GIFTS TO AND 
                   CONTRACTS WITH INSTITUTIONS OF HIGHER 
                   EDUCATION.

       (a) Amendments to Defense Production Act of 1950.--
       (1) Definition of covered transaction.--Subsection (a)(4) 
     of section 721 of the Defense Production Act of 1950 (50 
     U.S.C. 4565) is amended--
       (A) in subparagraph (A)--
       (i) in clause (i), by striking ``; and'' and inserting a 
     semicolon;
       (ii) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(iii) any transaction described in subparagraph (B)(vi) 
     proposed or pending after the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2023.'';
       (B) in subparagraph (B), by adding at the end the 
     following:
       ``(vi) Any gift to an institution of higher education from 
     a foreign person, or the entry into a contract by such an 
     institution with a foreign person, if--

       ``(I)(aa) the value of the gift or contract equals or 
     exceeds $1,000,000; or
       ``(bb) the institution receives, directly or indirectly, 
     more than one gift from or enters into more than one 
     contract, directly or indirectly, with the same foreign 
     person for the same purpose the aggregate value of which, 
     during the period of 2 consecutive calendar years, equals or 
     exceeds $1,000,000; and
       ``(II) the gift or contract--

       ``(aa) relates to research, development, or production of 
     critical technologies and provides the foreign person 
     potential access to any material nonpublic technical 
     information (as defined in subparagraph (D)(ii)) in the 
     possession of the institution; or
       ``(bb) is a restricted or conditional gift or contract (as 
     defined in section 117(h) of the Higher Education Act of 1965 
     (20 U.S.C. 1011f(h))) that establishes control.''; and
       (C) by adding at the end the following:
       ``(G) Foreign gifts to and contracts with institutions of 
     higher education.--For purposes of subparagraph (B)(vi):
       ``(i) Contract.--The term `contract' means any agreement 
     for the acquisition by purchase, lease, or barter of property 
     or services by a foreign person, for the direct benefit or 
     use of either of the parties.
       ``(ii) Gift.--The term `gift' means any gift of money or 
     property.
       ``(iii) Institution of higher education.--The term 
     `institution of higher education' means any institution, 
     public or private, or, if a multicampus institution, any 
     single campus of such institution, in any State--

       ``(I) that is legally authorized within such State to 
     provide a program of education beyond secondary school;
       ``(II) that provides a program for which the institution 
     awards a bachelor's degree (or provides not less than a 2-
     year program which is acceptable for full credit toward such 
     a degree) or a more advanced degree;
       ``(III) that is accredited by a nationally recognized 
     accrediting agency or association; and
       ``(IV) to which the Federal Government extends Federal 
     financial assistance (directly or indirectly through another 
     entity or person), or that receives support from the 
     extension of Federal financial assistance to any of the 
     institution's subunits.''.

       (2) Mandatory declarations.--Subsection 
     (b)(1)(C)(v)(IV)(aa) of such section is amended by adding at 
     the end the following: ``Such regulations shall require a 
     declaration under this subclause with respect to a covered 
     transaction described in subsection (a)(4)(B)(vi)(II)(aa).''.
       (3) Factors to be considered.--Subsection (f) of such 
     section is amended--
       (A) in paragraph (10), by striking ``; and'' and inserting 
     a semicolon;
       (B) by redesignating paragraph (11) as paragraph (12); and
       (C) by inserting after paragraph (10) the following:
       ``(11) as appropriate, and particularly with respect to 
     covered transactions described in subsection (a)(4)(B)(vi), 
     the importance of academic freedom at institutions of higher 
     education in the United States; and''.
       (4) Membership of cfius.--Subsection (k) of such section is 
     amended--
       (A) in paragraph (2)--
       (i) by redesignating subparagraphs (H), (I), and (J) as 
     subparagraphs (I), (J), and (K), respectively; and
       (ii) by inserting after subparagraph (G) the following:

[[Page S5279]]

       ``(H) In the case of a covered transaction involving an 
     institution of higher education (as defined in subsection 
     (a)(4)(G)), the Secretary of Education.''; and
       (B) by adding at the end the following:
       ``(8) Inclusion of other agencies on committee.--In 
     considering including on the Committee under paragraph (2)(K) 
     the heads of other executive departments, agencies, or 
     offices, the President shall give due consideration to the 
     heads of relevant research and science agencies, departments, 
     and offices, including the Secretary of Health and Human 
     Services, the Director of the National Institutes of Health, 
     and the Director of the National Science Foundation.''.
       (5) Contents of annual report relating to critical 
     technologies.--Subsection (m)(3) of such section is amended--
       (A) in subparagraph (B), by striking ``; and'' and 
     inserting a semicolon;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(D) an evaluation of whether there are foreign malign 
     influence or espionage activities directed or directly 
     assisted by foreign governments against institutions of 
     higher education (as defined in subsection (a)(4)(G)) aimed 
     at obtaining research and development methods or secrets 
     related to critical technologies; and
       ``(E) an evaluation of, and recommendation for any changes 
     to, reviews conducted under this section that relate to 
     institutions of higher education, based on an analysis of 
     disclosure reports submitted to the chairperson under section 
     117(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1011f(a)).''.
       (b) Inclusion of CFIUS in Reporting on Foreign Gifts Under 
     Higher Education Act of 1965.--Section 117 of the Higher 
     Education Act of 1965 (20 U.S.C. 1011f) is amended--
       (1) in subsection (a), by inserting after ``the Secretary'' 
     the following: ``and the Secretary of the Treasury (in the 
     capacity of the Secretary as the chairperson of the Committee 
     on Foreign Investment in the United States under section 
     721(k)(3) of the Defense Production Act of 1950 (50 U.S.C. 
     4565(k)(3)))''; and
       (2) in subsection (d)--
       (A) in paragraph (1)--
       (i) by striking ``with the Secretary'' and inserting ``with 
     the Secretary and the Secretary of the Treasury''; and
       (ii) by striking ``to the Secretary'' and inserting ``to 
     each such Secretary''; and
       (B) in paragraph (2), by striking ``with the Secretary'' 
     and inserting ``with the Secretary and the Secretary of the 
     Treasury''.
       (c) Effective Date; Applicability.--The amendments made by 
     subsection (a) shall--
       (1) take effect on the date of the enactment of this Act, 
     subject to the requirements of subsections (d) and (e); and
       (2) apply with respect to any covered transaction the 
     review or investigation of which is initiated under section 
     721 of the Defense Production Act of 1950 on or after the 
     date that is 30 days after the publication in the Federal 
     Register of the notice required under subsection (e)(2).
       (d) Regulations.--
       (1) In general.--The Committee on Foreign Investment in the 
     United States (in this section referred to as the 
     ``Committee''), which shall include the Secretary of 
     Education for purposes of this subsection, shall prescribe 
     regulations as necessary and appropriate to implement the 
     amendments made by subsection (a).
       (2) Elements.--The regulations prescribed under paragraph 
     (1) shall include--
       (A) regulations accounting for the burden on institutions 
     of higher education likely to result from compliance with the 
     amendments made by subsection (a), including structuring 
     penalties and filing fees to reduce such burdens, shortening 
     timelines for reviews and investigations, allowing for 
     simplified and streamlined declaration and notice 
     requirements, and implementing any procedures necessary to 
     protect academic freedom; and
       (B) guidance with respect to--
       (i) which gifts and contracts described in described in 
     clause (vi)(II)(aa) of subsection (a)(4)(B) of section 721 of 
     the Defense Production Act of 1950, as added by subsection 
     (a)(1), would be subject to filing mandatory declarations 
     under subsection (b)(1)(C)(v)(IV) of that section; and
       (ii) the meaning of ``control'', as defined in subsection 
     (a) of that section, as that term applies to covered 
     transactions described in clause (vi) of paragraph (4)(B) of 
     that section, as added by subsection (a)(1).
       (3) Issuance of final rule.--The Committee shall issue a 
     final rule to carry out the amendments made by subsection (a) 
     after assessing the findings of the pilot program required by 
     subsection (e).
       (e) Pilot Program.--
       (1) In general.--Beginning on the date that is 30 days 
     after the publication in the Federal Register of the matter 
     required by paragraph (2) and ending on the date that is 570 
     days thereafter, the Committee shall conduct a pilot program 
     to assess methods for implementing the review of covered 
     transactions described in clause (vi) of section 721(a)(4)(B) 
     of the Defense Production Act of 1950, as added by subsection 
     (a)(1).
       (2) Proposed determination.--Not later than 270 days after 
     the date of the enactment of this Act, the Committee shall, 
     in consultation with the Secretary of Education, publish in 
     the Federal Register--
       (A) a proposed determination of the scope of and procedures 
     for the pilot program required by paragraph (1);
       (B) an assessment of the burden on institutions of higher 
     education likely to result from compliance with the pilot 
     program;
       (C) recommendations for addressing any such burdens, 
     including shortening timelines for reviews and 
     investigations, structuring penalties and filing fees, and 
     simplifying and streamlining declaration and notice 
     requirements to reduce such burdens; and
       (D) any procedures necessary to ensure that the pilot 
     program does not infringe upon academic freedom.
       (3) Report on findings.--Upon conclusion of the pilot 
     program required by paragraph (1), the Committee shall submit 
     to Congress a report on the findings of that pilot program 
     that includes--
       (A) a summary of the reviews conducted by the Committee 
     under the pilot program and the outcome of such reviews;
       (B) an assessment of any additional resources required by 
     the Committee to carry out this section or the amendments 
     made by subsection (a);
       (C) findings regarding the additional burden on 
     institutions of higher education likely to result from 
     compliance with the amendments made by subsection (a) and any 
     additional recommended steps to reduce those burdens; and
       (D) any recommendations for Congress to consider regarding 
     the scope or procedures described in this section or the 
     amendments made by subsection (a).
                                 ______
                                 
  SA 5806. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ____. GOVERNMENT ACCOUNTABILITY OFFICE UNIMPLEMENTED 
                   PRIORITY RECOMMENDATIONS.

       The Comptroller General of the United States shall, as part 
     of the Comptroller General's annual reporting to committees 
     of Congress--
       (1) consolidate Matters for Congressional Consideration 
     from the Government Accountability Office in one report 
     organized by policy topic that includes the amount of time 
     such Matters have been unimplemented and submit such report 
     to congressional leadership and the oversight committees of 
     each House;
       (2) with respect to the annual letters sent by the 
     Comptroller General to individual agency heads and relevant 
     congressional committees on the status of unimplemented 
     priority recommendations, identify any additional 
     congressional oversight actions that can help agencies 
     implement such priority recommendations and address any 
     underlying issues relating to such implementation;
       (3) make publicly available the information described in 
     paragraphs (1) and (2); and
       (4) publish any known costs of unimplemented priority 
     recommendations, if applicable.
                                 ______
                                 
  SA 5807. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. TECHNOLOGICAL HAZARDS PREPAREDNESS TRAINING.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Emergency Management Agency.
       (2) Indian tribal government.--The term ``Indian Tribal 
     government'' has the meaning given the term ``Indian tribal 
     government'' in section 102 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5122).
       (3) Local government; state.--The terms ``local 
     government'' and ``State'' have the meanings given those 
     terms in section 102 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5122).
       (4) Technological hazard and related emerging threat.--The 
     term ``technological hazard and related emerging threat''--
       (A) means a hazard that involves materials created by 
     humans that pose a unique hazard to the general public and 
     environment and which may result from--
       (i) an accident;
       (ii) an emergency caused by another hazard; or
       (iii) intentional use of the hazardous materials; and

[[Page S5280]]

       (B) includes a chemical, radiological, biological, and 
     nuclear hazard.
       (b) Assistance and Training for Communities With 
     Technological Hazards and Related Emerging Threats.--
       (1) In general.--The Administrator shall maintain the 
     capacity to provide States and local governments with 
     technological hazards and related emerging threats technical 
     assistance, training, and other preparedness programming to 
     build community resilience to technological hazards and 
     related emerging threats.
       (2) Authorities.--The Administrator shall carry out 
     paragraph (1) in accordance with--
       (A) the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.);
       (B) section 1236 of the Disaster Recovery Reform Act of 
     2018 (42 U.S.C. 5196g); and
       (C) the Post-Katrina Emergency Management Reform Act of 
     2006 (Public Law 109-295; 120 Stat. 1394).
       (3) Assessment and notification.--In carrying out paragraph 
     (1), the Administrator shall--
       (A) use any available and appropriate multi-hazard risk 
     assessment and mapping tools and capabilities to identify the 
     communities that have the highest risk of and vulnerability 
     to a technological hazard in each State; and
       (B) ensure each State and Indian Tribal government is aware 
     of--
       (i) the communities identified under subparagraph (A); and
       (ii) the availability of programming under this section 
     for--

       (I) technological hazards and related emerging threats 
     preparedness; and
       (II) building community capability.

       (4) Report.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the 
     Administrator shall submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate, the 
     Committee on Appropriations of the Senate, the Committee on 
     Homeland Security of the House of Representatives, the 
     Committee on Appropriations of the House of Representatives, 
     and the Committee on Transportation and Infrastructure of the 
     House of Representatives a report relating to--
       (A) actions taken to implement this section; and
       (B) technological hazards and related emerging threats 
     preparedness programming provided under this section during 
     the 1-year period preceding the date of submission of the 
     report.
       (5) Consultation.--The Secretary of Homeland Security may 
     seek continuing input relating to technological hazards and 
     related emerging threats preparedness needs by consulting 
     State, Tribal, territorial, and local emergency services 
     organizations and private sector stakeholders.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $20,000,000 for 
     each of fiscal years 2023 through 2024.
       (d) Savings Provision.--Nothing in this section shall 
     diminish or divert resources from--
       (1) the full completion of federally-led chemical surety 
     material storage missions or chemical demilitarization 
     missions that are underway as of the date of enactment of 
     this Act; or
       (2) any transitional activities or other community 
     assistance incidental to the completion of the missions 
     described in paragraph (1).
                                 ______
                                 
  SA 5808. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end, add the following:

       DIVISION E--GLOBAL CASTROPHIC RISK MANAGEMENT ACT OF 2022

     SEC. 5001. SHORT TITLE.

       This Act may be cited as the ``Global Catastrophic Risk 
     Management Act of 2022''.

     SEC. 5002. DEFINITIONS.

       In this division:
       (1) Basic need.--The term ``basic need''--
       (A) means any good, service, or activity necessary to 
     protect the health, safety, and general welfare of the 
     civilian population of the United States; and
       (B) includes--
       (i) food;
       (ii) water;
       (iii) shelter;
       (iv) basic communication services;
       (v) basic sanitation and health services; and
       (vi) public safety.
       (2) Catastrophic incident.--The term ``catastrophic 
     incident''--
       (A) means any natural or man-made disaster that results in 
     extraordinary levels of casualties or damage, mass 
     evacuations, or disruption severely affecting the population, 
     infrastructure, environment, economy, national morale, or 
     government functions in an area; and
       (B) may include an incident--
       (i) with a sustained national impact over a prolonged 
     period of time;
       (ii) that may rapidly exceed resources available to State 
     and local government and private sector authorities in the 
     impacted area; or
       (iii) that may significantly interrupt governmental 
     operations and emergency services to such an extent that 
     national security could be threatened.
       (3) Committee.--The term ``committee'' means the 
     interagency committee on global catastrophic risk established 
     under section 5003.
       (4) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given the term in section 
     1016(e) of the Critical Infrastructure Protection Act of 2001 
     (42 U.S.C. 5195c(e)).
       (5) Existential risk.--The term ``existential risk'' means 
     the potential for an outcome that would result in human 
     extinction.
       (6) Global catastrophic risk.--The term ``global 
     catastrophic risk'' means the risk of events or incidents 
     consequential enough to significantly harm, set back, or 
     destroy human civilization at the global scale.
       (7) Global catastrophic and existential threats.--The term 
     ``global catastrophic and existential threats'' means those 
     threats that with varying likelihood can produce consequences 
     severe enough to result in significant harm or destruction of 
     human civilization at the global scale, or lead to human 
     extinction. Examples of global catastrophic and existential 
     threats include severe global pandemics, nuclear war, 
     asteroid and comet impacts, supervolcanoes, sudden and severe 
     changes to the climate, and intentional or accidental threats 
     arising from the use and development of emerging 
     technologies.
       (8) National exercise program.--The term ``national 
     exercise program'' means activities carried out to test and 
     evaluate the national preparedness goal and related plans and 
     strategies as described in section 648(b) of the Post-Katrina 
     Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)).
       (9) Tribal government.--The term ``Tribal government'' 
     means the recognized governing body of any Indian or Alaska 
     Native Tribe, band, nation, pueblo, village, community, 
     component band, or component reservation, that is 
     individually identified (including parenthetically) in the 
     most recent list published pursuant to section 104 of the 
     Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
     5131).

     SEC. 5003. INTERAGENCY COMMITTEE ON GLOBAL CATASTROPHIC RISK.

       (a) Establishment.--Not later than 90 days after the date 
     of enactment of this Act, the President shall establish an 
     interagency committee on global catastrophic risk.
       (b) Membership.--The committee shall include senior 
     representatives of--
       (1) the Assistant to the President for National Security 
     Affairs;
       (2) the Director of the Office of Science and Technology 
     Policy;
       (3) the Director of National Intelligence and the Director 
     of the National Intelligence Council;
       (4) the Secretary of Homeland Security and the 
     Administrator of the Federal Emergency Management Agency;
       (5) the Secretary of State and the Under Secretary of State 
     for Arms Control and International Security;
       (6) the Attorney General and the Director of the Federal 
     Bureau of Investigation;
       (7) the Secretary of Energy, the Under Secretary of Energy 
     for Nuclear Security, and the Director of Science;
       (8) the Secretary of Health and Human Services, the 
     Assistant Secretary for Preparedness and Response, and the 
     Assistant Secretary of Global Affairs;
       (9) the Secretary of Commerce, the Under Secretary of 
     Commerce for Oceans and Atmosphere, and the Under Secretary 
     of Commerce for Standards and Technology;
       (10) the Secretary of the Interior and the Director of the 
     United States Geological Survey;
       (11) the Administrator of the Environmental Protection 
     Agency and the Assistant Administrator for Water;
       (12) the Administrator of the National Aeronautics and 
     Space Administration;
       (13) the Director of the National Science Foundation;
       (14) the Secretary of the Treasury;
       (15) the Chair of the Board of Governors of the Federal 
     Reserve System;
       (16) the Secretary of Defense, the Assistant Secretary of 
     the Army for Civil Works, and the Chief of Engineers and 
     Commanding General of the Army Corps of Engineers;
       (17) the Chairman of the Joint Chiefs of Staff;
       (18) the Administrator of the United States Agency for 
     International Development; and
       (19) other stakeholders the President determines 
     appropriate.
       (c) Chairmanship.--The committee shall be co-chaired by a 
     senior representative of the President and the Deputy 
     Administrator of the Federal Emergency Management Agency for 
     Resilience.

     SEC. 5004. REPORT REQUIRED.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, and every 10 years thereafter, the 
     President, with support from the committee, shall conduct and 
     submit to Congress a report containing a detailed assessment 
     of global catastrophic and existential risk.
       (b) Matters Covered.--Each report required under subsection 
     (a) shall include --

[[Page S5281]]

       (1) expert estimates of cumulative global catastrophic and 
     existential risk in the next 30 years, including separate 
     estimates for the likelihood of occurrence and potential 
     consequences;
       (2) expert-informed analyses of the risk of the most 
     concerning specific global catastrophic and existential 
     threats, including separate estimates, where reasonably 
     feasible and credible, of each threat for its likelihood of 
     occurrence and its potential consequences, as well as 
     associated uncertainties;
       (3) a comprehensive list of potential catastrophic or 
     existential threats, including even those that may have very 
     low likelihood;
       (4) technical assessments and lay explanations of the 
     analyzed global catastrophic and existential risks, including 
     their qualitative character and key factors affecting their 
     likelihood of occurrence and potential consequences;
       (5) an explanation of any factors that limit the ability of 
     the President to assess the risk both cumulatively and for 
     particular threats, and how those limitations may be overcome 
     through future research or with additional resources, 
     programs, or authorities;
       (6) a review of the effectiveness of intelligence 
     collection, early warning and detection systems, or other 
     functions and programs necessary to evaluate the risk of 
     particular global catastrophic and existential threats, if 
     any exist and as applicable for particular threats;
       (7) a forecast of if and why global catastrophic and 
     existential risk is likely to increase or decrease 
     significantly in the next 30 years, both qualitatively and 
     quantitatively, as well as a description of associated 
     uncertainties;
       (8) proposals for how the Federal Government may more 
     adequately assess global catastrophic and existential risk on 
     an ongoing basis in future years;
       (9) recommendations for legislative actions, as 
     appropriate, to support the evaluation and assessment of 
     global catastrophic and existential risk; and
       (10) other matters deemed appropriate by the President.
       (c) Consultation Requirement.--In producing the report 
     required under subsection (a), the President, with support 
     from the committee, shall regularly consult with experts on 
     global catastrophic and existential risks, including from 
     non-governmental, academic, and private sector institutions.
       (d) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 5005. REPORT ON CONTINUITY OF OPERATIONS AND CONTINUITY 
                   OF GOVERNMENT PLANNING.

       (a) In General.--Not later than 180 days after the 
     submission of the report required under section 5004, the 
     President, with support from the committee, shall produce a 
     report on the adequacy of continuity of operations and 
     continuity of government plans based on the assessed global 
     catastrophic and existential risk.
       (b) Matters Covered.--The report required under subsection 
     (a) shall include--
       (1) a detailed assessment of the ability of continuity of 
     government and continuity of operations plans and programs, 
     as defined by Executive Order 13961 (85 Fed. Reg. 79379; 
     relating to governance and integration of Federal mission 
     resilience), Presidential Policy Directive-40 (July 15, 2016; 
     relating to national continuity policy), or successor 
     policies, to maintain national essential functions following 
     global catastrophes, both cumulatively and for particular 
     threats;
       (2) an assessment of the need to revise Executive Order 
     13961 (85 Fed. Reg. 79379; relating to governance and 
     integration of Federal mission resilience), Presidential 
     Policy Directive-40 (July 15, 2016; relating to national 
     continuity policy), or successor policies to account for 
     global catastrophic and existential risk cumulatively or for 
     particular threats;
       (3) an assessment of any technology gaps limiting 
     mitigation of global catastrophic and existential risks for 
     continuity of operations and continuity of government plans;
       (4) a budget proposal for continuity of government and 
     continuity of operations programs necessary to adequately 
     maintain national essential functions during global 
     catastrophes;
       (5) recommendations for legislative actions and technology 
     development and implementation actions necessary to improve 
     continuity of government and continuity of operations plans 
     and programs;
       (6) a plan for increased senior leader involvement in 
     continuity of operations and continuity of government 
     exercises; and
       (7) other matters deemed appropriate by the co-chairs of 
     the committee.
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 5006. ENHANCED CATASTROPHIC INCIDENT ANNEX.

       (a) In General.--The President, with support from the 
     committee, shall supplement each Federal Interagency 
     Operational Plan to include an annex containing a strategy to 
     ensure the health, safety, and general welfare of the 
     civilian population affected by catastrophic incidents by--
       (1) providing for the basic needs of the civilian 
     population of the United States that is impacted by 
     catastrophic incidents in the United States;
       (2) coordinating response efforts with State and local 
     governments, the private sector, and nonprofit relief 
     organizations;
       (3) promoting personal and local readiness and non-reliance 
     on government relief during periods of heightened tension or 
     after catastrophic incidents; and
       (4) developing international partnerships with allied 
     nations for the provision of relief services and goods.
       (b) Elements of the Strategy.--The strategy required under 
     subsection (a) shall include a description of--
       (1) actions the President will take to ensure the basic 
     needs of the civilian population of the United States in a 
     catastrophic incident are met;
       (2) how the President will coordinate with non-Federal 
     entities to multiply resources and enhance relief 
     capabilities, including--
       (A) State and local governments;
       (B) Tribal governments;
       (C) State disaster relief agencies;
       (D) State and local disaster relief managers;
       (E) State National Guards;
       (F) law enforcement and first response entities; and
       (G) nonprofit relief services;
       (3) actions the President will take to enhance individual 
     resiliency to the effects of a catastrophic incident, which 
     actions shall include--
       (A) readiness alerts to the public during periods of 
     elevated threat;
       (B) efforts to enhance domestic supply and availability of 
     critical goods and basic necessities; and
       (C) information campaigns to ensure the public is aware of 
     response plans and services that will be activated when 
     necessary;
       (4) efforts the President will undertake and agreements the 
     President will seek with international allies to enhance the 
     readiness of the United States to provide for the general 
     welfare;
       (5) how the strategy will be implemented should multiple 
     levels of critical infrastructure be destroyed or taken 
     offline entirely for an extended period of time; and
       (6) the authorities the President would implicate in 
     responding to a catastrophic incident.
       (c) Assumptions.--In designing the strategy under 
     subsection (a), the President shall account for certain 
     factors to make the strategy operationally viable, including 
     the assumption that--
       (1) multiple levels of critical infrastructure have been 
     taken offline or destroyed by catastrophic incidents or the 
     effects of catastrophic incidents;
       (2) impacted sectors may include--
       (A) the transportation sector;
       (B) the communication sector;
       (C) the energy sector;
       (D) the healthcare and public health sector;
       (E) the water and wastewater sector; and
       (F) the financial sector;
       (3) State, local, Tribal, and territorial governments have 
     been equally affected or made largely inoperable by 
     catastrophic incidents or the effects of catastrophic 
     incidents;
       (4) the emergency has exceeded the response capabilities of 
     State and local governments under the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.) and other relevant disaster response laws; and
       (5) the United States military is sufficiently engaged in 
     armed or cyber conflict with State or non-State adversaries, 
     or is otherwise unable to augment domestic response 
     capabilities in a significant manner due to a catastrophic 
     incident.
       (d) Existing Plans.--The President may incorporate existing 
     contingency plans in the strategy developed under subsection 
     (a) so long as those contingency plans are amended to be 
     operational in accordance with the requirements under this 
     section.
       (e) Availability.--The strategy developed under subsection 
     (a) shall be available to the public but may include a 
     classified, or other restricted, annex to be made available 
     to the appropriate committees of Congress and appropriate 
     government entities.

     SEC. 5007. VALIDATION OF THE STRATEGY THROUGH AN EXERCISE.

       Not later than 1 year after the addition of the annex 
     required under section 5006, the Department of Homeland 
     Security shall lead an exercise as part of the national 
     exercise program, in coordination with the committee, to test 
     and enhance the operationalization of the strategy required 
     under section 5006.

     SEC. 5008. RECOMMENDATIONS.

       (a) In General.--The President shall provide 
     recommendations to Congress for--
       (1) actions that should be taken to prepare the United 
     States to implement the strategy required under section 5006, 
     increase readiness, and address preparedness gaps for 
     responding to the impacts of catastrophic incidents on 
     citizens of the United States; and
       (2) additional authorities that should be considered for 
     Federal agencies and the President to more effectively 
     implement the strategy required under section 5006.
       (b) Inclusion in Reports.--The President may include the 
     recommendations required under subsection (a) in a report 
     submitted under section 5009.

     SEC. 5009. REPORTING REQUIREMENTS.

       Not later than 1 year after the date on which Department of 
     Homeland Security leads the exercise under section 5007, the 
     President shall submit to Congress a report that includes--

[[Page S5282]]

       (1) a description of the efforts of the President to 
     develop and update the strategy required under section 5006; 
     and
       (2) an after-action report following the conduct of the 
     exercise described in section 5007.

     SEC. 5010. RULE OF CONSTRUCTION.

       Nothing in this division shall be construed to supersede 
     the civilian emergency management authority of the 
     Administrator of the Federal Emergency Management Agency 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) or the Post Katrina 
     Emergency Management Reform Act (6 U.S.C. 701 et seq.).
                                 ______
                                 
  SA 5809. Mr. PORTMAN (for himself and Ms. Hassan) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1012. STIPENDS FOR TRANSNATIONAL CRIMINAL INVESTIGATIVE 
                   UNITS.

       (a) Short Title.--This section may be cited as the 
     ``Transnational Criminal Investigative Unit Stipend Act''.
       (b) 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:

     ``SEC. 890C. TRANSNATIONAL CRIMINAL INVESTIGATIVE UNITS.

       ``(a) In General.--The Secretary shall operate 
     Transnational Criminal Investigative Units within United 
     States Immigration and Customs Enforcement, Homeland Security 
     Investigations.
       ``(b) Composition.--Each Transnational Criminal 
     Investigative Unit shall be composed of trained foreign law 
     enforcement officials who shall collaborate with Homeland 
     Security Investigations to investigate and prosecute 
     individuals involved in transnational criminal activity.
       ``(c) Vetting Requirement.--
       ``(1) In general.--Upon entry into a Transnational Criminal 
     Investigative Unit, and at periodic intervals while serving 
     in such a unit, foreign law enforcement officials shall be 
     required to pass certain security evaluations, which may 
     include a background check, a polygraph examination, a 
     urinalysis test, or other measures that the Director of U.S. 
     Immigration and Customs Enforcement determines to be 
     appropriate.
       ``(2) Report.--The Director of U.S. Immigration and Customs 
     Enforcement shall submit a report to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives that describes--
       ``(A) the procedures used for vetting Transnational 
     Criminal Investigative Unit members; and
       ``(B) any additional measures that should be implemented to 
     prevent personnel in vetted units from being compromised by 
     criminal organizations.
       ``(d) Monetary Stipend.--The Director of U.S. Immigration 
     and Customs Enforcement is authorized to pay vetted members 
     of a Transnational Criminal Investigative Unit a monetary 
     stipend in an amount associated with their duties dedicated 
     to unit activities.
       ``(e) Annual Briefing.--The Director of U.S. Immigration 
     and Customs Enforcement, during the 5-year period beginning 
     on the date of the enactment of this Act, shall provide an 
     annual unclassified briefing to the congressional committees 
     referred to in subsection (c)(2), which may include a 
     classified session, if necessary, that identifies--
       ``(1) the number of vetted members of Transnational 
     Criminal Investigative Unit in each country;
       ``(2) the amount paid in stipends to such members, 
     disaggregated by country; and
       ``(3) relevant enforcement statistics, such as arrests and 
     progress made on joint investigations, in each such 
     country.''.
       (c) Clerical Amendment.--The table of contents for the 
     Homeland Security Act of 2002 (Public Law 107-296) is amended 
     by inserting after the item relating to section 890B the 
     following:

``Sec. 890C. Transnational Criminal Investigative Units.''.
                                 ______
                                 
  SA 5810. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

              TITLE ___--SAFEGUARDING AMERICAN INNOVATION

     SEC. __01. SHORT TITLE.

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

     SEC. __02. FEDERAL RESEARCH SECURITY COUNCIL.

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

            ``CHAPTER 79--FEDERAL RESEARCH SECURITY COUNCIL

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

     ``Sec. 7901. Definitions

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

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

       ``(8) United states research community.--The term `United 
     States research community' means--
       ``(A) research and development centers of Executive 
     agencies;
       ``(B) private research and development centers in the 
     United States, including for profit and nonprofit research 
     institutes;
       ``(C) research and development centers at institutions of 
     higher education (as defined in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a)));

[[Page S5283]]

       ``(D) research and development centers of States, United 
     States territories, Indian tribes, and municipalities;
       ``(E) government-owned, contractor-operated United States 
     Government research and development centers; and
       ``(F) any person conducting federally funded research or 
     receiving Federal research grant funding.

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

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

     ``Sec. 7903. Functions and authorities

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

[[Page S5284]]

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

     ``Sec. 7904. Annual report

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

     ``Sec. 7905. Requirements for Executive agencies

       ``(a) In General.--The head of each Executive agency on the 
     Council shall be responsible for--
       ``(1) assessing Federal research security risks posed by 
     persons participating in federally funded research and 
     development;
       ``(2) avoiding or mitigating such risks, as appropriate and 
     consistent with the standards, guidelines, requirements, and 
     practices identified by the Council under section 7903(b);
       ``(3) prioritizing Federal research security risk 
     assessments conducted under paragraph (1) based on the 
     applicability and relevance of the research and development 
     to the national security and economic competitiveness of the 
     United States;
       ``(4) ensuring that initiatives impacting Federally funded 
     research grant making policy and management to protect the 
     national and economic security interests of the United States 
     are integrated with the activities of the Council; and
       ``(5) ensuring that the initiatives of the Council comply 
     with title VI of the Civil Rights Act of 1964 (42 U.S.C. 
     2000d et seq.).
       ``(b) Inclusions.--The responsibility of the head of an 
     Executive agency for assessing Federal research security risk 
     described in subsection (a) includes--
       ``(1) developing an overall Federal research security risk 
     management strategy and implementation plan and policies and 
     processes to guide and govern Federal research security risk 
     management activities by the Executive agency;
       ``(2) integrating Federal research security risk management 
     practices throughout the lifecycle of the grant programs of 
     the Executive agency;
       ``(3) sharing relevant information with other Executive 
     agencies, as determined appropriate by the Council in a 
     manner consistent with section 7903; and
       ``(4) reporting on the effectiveness of the Federal 
     research security risk management strategy of the Executive 
     agency consistent with guidance issued by the Office of 
     Management and Budget and the Council.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of title 31, United States Code, is amended by 
     inserting after the item relating to chapter 77 the 
     following:

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

     SEC. __03. FEDERAL GRANT APPLICATION FRAUD.

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

     ``Sec. 1041. Federal grant application fraud

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

[[Page S5285]]

     monetary value) made available to the applicant in support 
     of, or related to, any research endeavor, including a title, 
     research grant, cooperative agreement, contract, 
     institutional award, access to a laboratory, or other 
     resource, including materials, travel compensation, or work 
     incentives.
       ``(b) Prohibition.--It shall be unlawful for any individual 
     to knowingly--
       ``(1) prepare or submit a Federal grant application that 
     fails to disclose the receipt of any outside compensation, 
     including foreign compensation, by the individual, the value 
     of which is not less than $1,000;
       ``(2) forge, counterfeit, or otherwise falsify a document 
     for the purpose of obtaining a Federal grant; or
       ``(3) prepare, submit, or assist in the preparation or 
     submission of a Federal grant application or document in 
     connection with a Federal grant application that--
       ``(A) contains a material false statement;
       ``(B) contains a material misrepresentation; or
       ``(C) fails to disclose a material fact.
       ``(c) Exception.--Subsection (b) does not apply to an 
     activity--
       ``(1) carried out in connection with a lawfully authorized 
     investigative, protective, or intelligence activity of--
       ``(A) a law enforcement agency; or
       ``(B) a Federal intelligence agency; or
       ``(2) authorized under chapter 224.
       ``(d) Penalty.--Any individual who violates subsection 
     (b)--
       ``(1) shall be fined in accordance with this title, 
     imprisoned for not more than 5 years, or both, in accordance 
     with the level of severity of that individual's violation of 
     subsection (b); and
       ``(2) shall be prohibited from receiving a Federal grant 
     during the 5-year period beginning on the date on which a 
     sentence is imposed on the individual under paragraph (1).''.
       (b) Clerical Amendment.--The analysis for chapter 47 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

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

     SEC. __04. RESTRICTING THE ACQUISITION OF EMERGING 
                   TECHNOLOGIES BY CERTAIN ALIENS.

       (a) In General.--The Secretary of State may impose the 
     sanctions described in subsection (c) if the Secretary 
     determines an alien is seeking to enter the United States to 
     knowingly acquire sensitive or emerging technologies to 
     undermine national security interests of the United States by 
     benefitting an adversarial foreign government's security or 
     strategic capabilities.
       (b) Relevant Factors.--To determine whether to impose 
     sanctions under subsection (a), the Secretary of State 
     shall--
       (1) take account of information and analyses relevant to 
     implementing subsection (a) from the Office of the Director 
     of National Intelligence, the Department of Health and Human 
     Services, the Department of Defense, the Department of 
     Homeland Security, the Department of Energy, the Department 
     of Commerce, and other appropriate Federal agencies;
       (2) take account of the continual expert assessments of 
     evolving sensitive or emerging technologies that foreign 
     adversaries are targeting;
       (3) take account of relevant information concerning the 
     foreign person's employment or collaboration, to the extent 
     known, with--
       (A) foreign military and security related organizations 
     that are adversarial to the United States;
       (B) foreign institutions involved in the theft of United 
     States research;
       (C) entities involved in export control violations or the 
     theft of intellectual property;
       (D) a government that seeks to undermine the integrity and 
     security of the United States research community; or
       (E) other associations or collaborations that pose a 
     national security threat based on intelligence assessments; 
     and
       (4) weigh the proportionality of risks and the factors 
     listed in paragraphs (1) through (3).
       (c) Sanctions Described.--The sanctions described in this 
     subsection are the following:
       (1) Ineligibility for visas and admission to the united 
     states.--An alien described in subsection (a) may be--
       (A) inadmissible to the United States;
       (B) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (C) 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.).
       (2) Current visas revoked.--
       (A) In general.--An alien described in subsection (a) is 
     subject to revocation of any visa or other entry 
     documentation regardless of when the visa or other entry 
     documentation is or was issued.
       (B) Immediate effect.--A revocation under clause (A) shall 
     take effect immediately, and automatically cancel any other 
     valid visa or entry documentation that is in the alien's 
     possession, in accordance with section 221(i) of the 
     Immigration and Nationality Act.
       (3) Exception to comply with international obligations.--
     The sanctions described in this subsection shall not apply 
     with respect to an alien if admitting or paroling the alien 
     into the United States is necessary to permit the United 
     States to comply with the Agreement regarding the 
     Headquarters of the United Nations, signed at Lake Success 
     June 26, 1947, and entered into force November 21, 1947, 
     between the United Nations and the United States, or other 
     applicable international obligations.
       (d) Reporting Requirement.--Not later than 180 days after 
     the date of the enactment of this Act, and semi-annually 
     thereafter until the sunset date set forth in subsection (f), 
     the Secretary of State, in coordination with the Director of 
     National Intelligence, the Director of the Office of Science 
     and Technology Policy, the Secretary of Homeland Security, 
     the Secretary of Defense, the Secretary of Energy, the 
     Secretary of Commerce, and the heads of other appropriate 
     Federal agencies, shall submit a report to the Committee on 
     the Judiciary of the Senate, the Committee on Foreign 
     Relations of the Senate, the Committee on Homeland Security 
     and Governmental Affairs of the Senate, the Committee on the 
     Judiciary of the House of Representatives, the Committee on 
     Foreign Affairs of the House of Representatives, and the 
     Committee on Oversight and Reform of the House of 
     Representatives that identifies--
       (1) any criteria, if relevant used to describe the alien in 
     subsection (a);
       (2) the number of individuals determined to be subject to 
     sanctions under subsection (a), including the nationality of 
     each such individual and the reasons for each sanctions 
     determination; and
       (3) the number of days from the date of the consular 
     interview until a final decision is issued for each 
     application for a visa considered under this section, listed 
     by applicants' country of citizenship and relevant consulate.
       (e) Classification of Report.--Each report required under 
     subsection (d) shall be submitted, to the extent practicable, 
     in an unclassified form, but may be accompanied by a 
     classified annex.
       (f) Sunset.--This section shall cease to be effective on 
     the date that is 2 years after the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 5811. Mr. PORTMAN (for himself and Mr. Peters) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. CISA TECHNICAL CORRECTIONS AND IMPROVEMENTS.

       (a) Technical Amendment Relating to DOTGOV Act of 2020.--
       (1) Amendment.--Section 904(b)(1) of the DOTGOV Act of 2020 
     (title IX of division U of Public Law 116-260) is amended, in 
     the matter preceding subparagraph (A), by striking ``Homeland 
     Security Act'' and inserting ``Homeland Security Act of 
     2002''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect as if enacted as part of the DOTGOV Act of 
     2020 (title IX of division U of Public Law 116-260).
       (b) Consolidation of Definitions.--
       (1) In general.--Title XXII of the Homeland Security Act of 
     2002 (6 U.S.C. 651 et seq.) is amended by inserting before 
     the subtitle A heading the following:

     ``SEC. 2200. DEFINITIONS.

       ``Except as otherwise specifically provided, in this title:
       ``(1) Agency.--The term `Agency' means the Cybersecurity 
     and Infrastructure Security Agency.
       ``(2) Agency information.--The term `agency information' 
     means information collected or maintained by or on behalf of 
     an agency.
       ``(3) Agency information system.--The term `agency 
     information system' means an information system used or 
     operated by an agency or by another entity on behalf of an 
     agency.
       ``(4) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       ``(B) the Committee on Homeland Security of the House of 
     Representatives.
       ``(5) Critical infrastructure information.--The term 
     `critical infrastructure information' means information not 
     customarily in the public domain and related to the security 
     of critical infrastructure or protected systems--
       ``(A) actual, potential, or threatened interference with, 
     attack on, compromise of, or incapacitation of critical 
     infrastructure or protected systems by either physical or 
     computer-based attack or other similar conduct (including the 
     misuse of or unauthorized access to all types of 
     communications and data transmission systems) that violates 
     Federal, State, or local law, harms interstate commerce of 
     the United States, or threatens public health or safety;
       ``(B) the ability of any critical infrastructure or 
     protected system to resist such interference, compromise, or 
     incapacitation, including any planned or past assessment, 
     projection, or estimate of the vulnerability of

[[Page S5286]]

     critical infrastructure or a protected system, including 
     security testing, risk evaluation thereto, risk management 
     planning, or risk audit; or
       ``(C) any planned or past operational problem or solution 
     regarding critical infrastructure or protected systems, 
     including repair, recovery, reconstruction, insurance, or 
     continuity, to the extent it is related to such interference, 
     compromise, or incapacitation.
       ``(6) Cyber threat indicator.--The term `cyber threat 
     indicator' means information that is necessary to describe or 
     identify--
       ``(A) malicious reconnaissance, including anomalous 
     patterns of communications that appear to be transmitted for 
     the purpose of gathering technical information related to a 
     cybersecurity threat or security vulnerability;
       ``(B) a method of defeating a security control or 
     exploitation of a security vulnerability;
       ``(C) a security vulnerability, including anomalous 
     activity that appears to indicate the existence of a security 
     vulnerability;
       ``(D) a method of causing a user with legitimate access to 
     an information system or information that is stored on, 
     processed by, or transiting an information system to 
     unwittingly enable the defeat of a security control or 
     exploitation of a security vulnerability;
       ``(E) malicious cyber command and control;
       ``(F) the actual or potential harm caused by an incident, 
     including a description of the information exfiltrated as a 
     result of a particular cybersecurity threat;
       ``(G) any other attribute of a cybersecurity threat, if 
     disclosure of such attribute is not otherwise prohibited by 
     law; or
       ``(H) any combination thereof.
       ``(7) Cybersecurity purpose.--The term `cybersecurity 
     purpose' means the purpose of protecting an information 
     system or information that is stored on, processed by, or 
     transiting an information system from a cybersecurity threat 
     or security vulnerability.
       ``(8) Cybersecurity risk.--The term `cybersecurity risk'--
       ``(A) means threats to and vulnerabilities of information 
     or information systems and any related consequences caused by 
     or resulting from unauthorized access, use, disclosure, 
     degradation, disruption, modification, or destruction of such 
     information or information systems, including such related 
     consequences caused by an act of terrorism; and
       ``(B) does not include any action that solely involves a 
     violation of a consumer term of service or a consumer 
     licensing agreement.
       ``(9) Cybersecurity threat.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `cybersecurity threat' means an action, not 
     protected by the First Amendment to the Constitution of the 
     United States, on or through an information system that may 
     result in an unauthorized effort to adversely impact the 
     security, availability, confidentiality, or integrity of an 
     information system or information that is stored on, 
     processed by, or transiting an information system.
       ``(B) Exclusion.--The term `cybersecurity threat' does not 
     include any action that solely involves a violation of a 
     consumer term of service or a consumer licensing agreement.
       ``(10) Defensive measure.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `defensive measure' means an action, device, 
     procedure, signature, technique, or other measure applied to 
     an information system or information that is stored on, 
     processed by, or transiting an information system that 
     detects, prevents, or mitigates a known or suspected 
     cybersecurity threat or security vulnerability.
       ``(B) Exclusion.--The term `defensive measure' does not 
     include a measure that destroys, renders unusable, provides 
     unauthorized access to, or substantially harms an information 
     system or information stored on, processed by, or transiting 
     such information system not owned by--
       ``(i) the entity operating the measure; or
       ``(ii) another entity or Federal entity that is authorized 
     to provide consent and has provided consent to that private 
     entity for operation of such measure.
       ``(11) Director.--The term `Director' means the Director 
     Cybersecurity and Infrastructure Security Agency
       ``(12) Homeland security enterprise.--The term `Homeland 
     Security Enterprise' means relevant governmental and 
     nongovernmental entities involved in homeland security, 
     including Federal, State, local, and Tribal government 
     officials, private sector representatives, academics, and 
     other policy experts.
       ``(13) Incident.--The term `incident' means an occurrence 
     that actually or imminently jeopardizes, without lawful 
     authority, the integrity, confidentiality, or availability of 
     information on an information system, or actually or 
     imminently jeopardizes, without lawful authority, an 
     information system.
       ``(14) Information sharing and analysis organization.--The 
     term `Information Sharing and Analysis Organization' means 
     any formal or informal entity or collaboration created or 
     employed by public or private sector organizations, for 
     purposes of--
       ``(A) gathering and analyzing critical infrastructure 
     information, including information related to cybersecurity 
     risks and incidents, in order to better understand security 
     problems and interdependencies related to critical 
     infrastructure, including cybersecurity risks and incidents, 
     and protected systems, so as to ensure the availability, 
     integrity, and reliability thereof;
       ``(B) communicating or disclosing critical infrastructure 
     information, including cybersecurity risks and incidents, to 
     help prevent, detect, mitigate, or recover from the effects 
     of an interference, a compromise, or an incapacitation 
     problem related to critical infrastructure, including 
     cybersecurity risks and incidents, or protected systems; and
       ``(C) voluntarily disseminating critical infrastructure 
     information, including cybersecurity risks and incidents, to 
     its members, State, local, and Federal Governments, or any 
     other entities that may be of assistance in carrying out the 
     purposes specified in subparagraphs (A) and (B).
       ``(15) Information system.--The term `information system' 
     has the meaning given the term in section 3502 of title 44, 
     United States Code.
       ``(16) Intelligence community.--The term `intelligence 
     community' has the meaning given the term in section 3(4) of 
     the National Security Act of 1947 (50 U.S.C. 3003(4)).
       ``(17) Monitor.--The term `monitor' means to acquire, 
     identify, or scan, or to possess, information that is stored 
     on, processed by, or transiting an information system.
       ``(18) National cybersecurity asset response activities.--
     The term `national cybersecurity asset response activities' 
     means--
       ``(A) furnishing cybersecurity technical assistance to 
     entities affected by cybersecurity risks to protect assets, 
     mitigate vulnerabilities, and reduce impacts of cyber 
     incidents;
       ``(B) identifying other entities that may be at risk of an 
     incident and assessing risk to the same or similar 
     vulnerabilities;
       ``(C) assessing potential cybersecurity risks to a sector 
     or region, including potential cascading effects, and 
     developing courses of action to mitigate such risks;
       ``(D) facilitating information sharing and operational 
     coordination with threat response; and
       ``(E) providing guidance on how best to utilize Federal 
     resources and capabilities in a timely, effective manner to 
     speed recovery from cybersecurity risks.
       ``(19) National security system.--The term `national 
     security system' has the meaning given the term in section 
     11103 of title 40, United States Code.
       ``(20) Sector risk management agency.--The term `Sector 
     Risk Management Agency' means a Federal department or agency, 
     designated by law or Presidential directive, with 
     responsibility for providing institutional knowledge and 
     specialized expertise of a sector, as well as leading, 
     facilitating, or supporting programs and associated 
     activities of its designated critical infrastructure sector 
     in the all hazards environment in coordination with the 
     Department.
       ``(21) Security control.--The term `security control' means 
     the management, operational, and technical controls used to 
     protect against an unauthorized effort to adversely affect 
     the confidentiality, integrity, and availability of an 
     information system or its information.
       ``(22) Security vulnerability.--The term `security 
     vulnerability' means any attribute of hardware, software, 
     process, or procedure that could enable or facilitate the 
     defeat of a security control.
       ``(23) Sharing.--The term `sharing' (including all 
     conjugations thereof) means providing, receiving, and 
     disseminating (including all conjugations of each such 
     terms).''.
       (2) Technical and conforming amendments.--The Homeland 
     Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
       (A) by amending section 2201 (6 U.S.C. 651) to read as 
     follows:

     ``SEC. 2201. DEFINITION.

       ``In this subtitle, the term `Cybersecurity Advisory 
     Committee' means the advisory committee established under 
     section 2219(a).'';
       (B) in section 2202 (6 U.S.C. 652)--
       (i) in subsection (a)(1), by striking ``(in this subtitle 
     referred to as the Agency)'';
       (ii) in subsection (b)(1), by striking ``in this subtitle 
     referred to as the `Director')''; and
       (iii) in subsection (f)--

       (I) in paragraph (1), by inserting ``Executive'' before 
     ``Assistant Director''; and
       (II) in paragraph (2), by inserting ``Executive'' before 
     ``Assistant Director'';

       (C) in section 2209 (6 U.S.C. 659)--
       (i) by striking subsection (a);
       (ii) by redesignating subsections (b) through subsection 
     (o) as subsections (a) through (n), respectively;
       (iii) in subsection (c)(1), as so redesignated--

       (I) in subparagraph (A)(iii), as so redesignated, by 
     striking ``, as that term is defined under section 3(4) of 
     the National Security Act of 1947 (50 U.S.C. 3003(4))''; and
       (II) in subparagraph (B)(ii), by striking ``information 
     sharing and analysis organizations'' and inserting 
     ``Information Sharing and Analysis Organizations'';

       (iv) in subsection (d), as so redesignated--

       (I) in the matter preceding paragraph (1), by striking 
     ``subsection (c)'' and inserting ``subsection (b)''; and
       (II) in paragraph (1)(E)(ii)(II), by striking ``information 
     sharing and analysis organizations'' and inserting 
     ``Information Sharing and Analysis Organizations'';

       (v) in subsection (j), as so redesignated, by striking 
     ``subsection (c)(8)'' and inserting ``subsection (b)(8)'';
       (vi) by redesignating the first subsections (p) and (q) and 
     second subsections (p) and (q) as subsections (o) and (p) and 
     subsections (q) and (r), respectively; and

[[Page S5287]]

       (vii) in subsection (o), as so redesignated--

       (I) in paragraph (2)(A), by striking ``subsection (c)(12)'' 
     and inserting ``subsection (b)(12)''; and
       (II) in paragraph (3)(B)(i), by striking ``subsection 
     (c)(12)'' and inserting ``subsection (b)(12)'';

       (D) in section 2210 (6 U.S.C. 660)--
       (i) by striking subsection (a);
       (ii) by redesignating subsections (b) through (e) as 
     subsections (a) through (d), respectively;
       (iii) in subsection (b), as so redesignated--

       (I) by striking ``information sharing and analysis 
     organizations (as defined in section 2222(5))'' and inserting 
     ``Information Sharing and Analysis Organizations''; and
       (II) by striking ``(as defined in section 2209)''; and

       (iv) in subsection (c), as so redesignated, by striking 
     ``subsection (c)'' and inserting ``subsection (b)'';
       (E) in section 2211 (6 U.S.C. 661), by striking subsection 
     (h);
       (F) in section 2212 (6 U.S.C. 662), by striking 
     ``information sharing and analysis organizations (as defined 
     in section 2222(5))'' and inserting ``Information Sharing and 
     Analysis Organizations'';
       (G) in section 2213 (6 U.S.C. 663)--
       (i) by striking subsection (a);
       (ii) by redesignating subsections (b) through (f) as 
     subsections (a) through (e), respectively;
       (iii) in subsection (b), as so redesignated, by striking 
     ``subsection (b)'' each place it appears and inserting 
     ``subsection (a)'';
       (iv) in subsection (c), as so redesignated, in the matter 
     preceding paragraph (1), by striking ``subsection (b)'' and 
     inserting ``subsection (a)''; and
       (v) in subsection (d), as so redesignated--

       (I) in paragraph (1)--

       (aa) in the matter preceding subparagraph (A), by striking 
     ``subsection (c)(2)'' and inserting ``subsection (b)(2)'';
       (bb) in subparagraph (A), by striking ``subsection (c)(1)'' 
     and inserting ``subsection (b)(1)''; and
       (cc) in subparagraph (B), by striking ``subsection (c)(2)'' 
     and inserting ``subsection (b)(2)''; and

       (II) in paragraph (2), by striking ``subsection (c)(2)'' 
     and inserting ``subsection (b)(2)'';

       (H) in section 2216 (6 U.S.C. 665b)--
       (i) in subsection (d)(2), by striking ``information sharing 
     and analysis organizations'' and inserting ``Information 
     Sharing and Analysis Organizations''; and
       (ii) by striking subsection (f) and inserting the 
     following:
       ``(f) Cyber Defense Operation Defined.--In this section, 
     the term `cyber defense operation' means the use of a 
     defensive measure.'';
       (I) in section 2218(c)(4)(A) (6 U.S.C. 665d(4)(A)), by 
     striking ``information sharing and analysis organizations'' 
     and inserting ``Information Sharing and Analysis 
     Organizations'';
       (J) in section 2220A (6 U.S.C. 665g)--
       (i) in subsection (a)--

       (I) by striking paragraphs (1), (2), (5), and (6); and
       (II) by redesignating paragraphs (3), (4), (7), (8), (9), 
     (10), (11), and (12) as paragraphs (1) through (8), 
     respectively;

       (ii) in subsection (e)(2)(B)(xiv)(II)(aa), by striking 
     ``information sharing and analysis organization'' and 
     inserting ``Information Sharing and Analysis Organization'';
       (iii) in subsection (p), by striking ``appropriate 
     committees of Congress'' and inserting ``appropriate 
     congressional committees''; and
       (iv) in subsection (q)(4), in the matter preceding clause 
     (i), by striking ``appropriate committees of Congress'' and 
     inserting ``appropriate congressional committees''
       (K) in section 2220C(f) (6 U.S.C. 665i(f))--
       (i) by striking paragraph (1);
       (ii) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively; and
       (iii) in paragraph (2), as so redesignated, by striking 
     ``(enacted as division N of the Consolidated Appropriations 
     Act, 2016 (Public Law 114-113; 6 U.S.C. 1501(9))'' and 
     inserting ``(6 U.S.C. 1501)''; and
       (L) in section 2222 (6 U.S.C. 671)--
       (i) by striking paragraphs (3), (5), and (8);
       (ii) by redesignating paragraph (4) as paragraph (3); and
       (iii) by redesignating paragraphs (6) and (7) as paragraphs 
     (4) and (5), respectively.
       (3) Table of contents amendments.--The table of contents in 
     section 1(b) of the Homeland Security Act of 2002 (Public Law 
     107-296; 116 Stat. 2135) is amended--
       (A) by inserting before the item relating to subtitle A of 
     title XXII the following:

``Sec. 2200. Definitions.'';
       (B) by striking the item relating to section 2201 and 
     insert the following:

``Sec. 2201. Definition.''; and
       (C) by moving the item relating to section 2220D to appear 
     after the item relating to section 2220C.
       (4) Cybersecurity act of 2015 definitions.--Section 102 of 
     the Cybersecurity Act of 2015 (6 U.S.C. 1501) is amended--
       (A) by striking paragraphs (4) through (7) and inserting 
     the following:
       ``(4) Cybersecurity purpose.--The term `cybersecurity 
     purpose' has the meaning given the term in section 2200 of 
     the Homeland Security Act of 2002.
       ``(5) Cybersecurity threat.--The term `cybersecurity 
     threat' has the meaning given the term in section 2200 of the 
     Homeland Security Act of 2002.
       ``(6) Cyber threat indicator.--The term `cyber threat 
     indicator' has the meaning given the term in section 2200 of 
     the Homeland Security Act of 2002.
       ``(7) Defensive measure.--The term `defensive measure' has 
     the meaning given the term in section 2200 of the Homeland 
     Security Act of 2002.'';
       (B) by striking paragraph (13) and inserting the following:
       ``(13) Monitor.-- The term `monitor' has the meaning given 
     the term in section 2200 of the Homeland Security Act of 
     2002.''; and
       (C) by striking paragraphs (16) and (17) and inserting the 
     following:
       ``(16) Security control.--The term `security control' has 
     the meaning given the term in section 2200 of the Homeland 
     Security Act of 2002.
       ``(17) Security vulnerability.--The term `security 
     vulnerability' has the meaning given the term in section 2200 
     of the Homeland Security Act of 2002.''.
       (c) Additional Technical and Conforming Amendments.--
       (1) Federal cybersecurity enhancement act of 2015.--The 
     Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1521 
     et seq.) is amended--
       (A) in section 222 (6 U.S.C. 1521)--
       (i) in paragraph (2), by striking ``section 2210'' and 
     inserting ``section 2200''; and
       (ii) in paragraph (4), by striking ``section 2209'' and 
     inserting ``section 2200'';
       (B) in section 223(b) (6 U.S.C. 151 note), by striking 
     ``section 2213(b)(1)'' each place it appears and inserting 
     ``section 2213(a)(1)'';
       (C) in section 226 (6 U.S.C. 1524)--
       (i) in subsection (a)--

       (I) in paragraph (1), by striking ``section 2213'' and 
     inserting ``section 2200'';
       (II) in paragraph (2), by striking ``section 102'' and 
     inserting ``section 2200 of the Homeland Security Act of 
     2002'';
       (III) in paragraph (4), by striking ``section 2210(b)(1)'' 
     and inserting ``section 2210(a)(1)''; and
       (IV) in paragraph (5), by striking ``section 2213(b)'' and 
     inserting ``section 2213(a)''; and

       (ii) in subsection (c)(1)(A)(vi), by striking ``section 
     2213(c)(5)'' and inserting ``section 2213(b)(5)''; and
       (D) in section 227(b) (6 U.S.C. 1525(b)), by striking 
     ``section 2213(d)(2)'' and inserting ``section 2213(c)(2)''.
       (2) Public health service act.--Section 2811(b)(4)(D) of 
     the Public Health Service Act (42 U.S.C. 300hh-10(b)(4)(D)) 
     is amended by striking ``section 228(c) of the Homeland 
     Security Act of 2002 (6 U.S.C. 149(c))'' and inserting 
     ``section 2210(b) of the Homeland Security Act of 2002 (6 
     U.S.C. 660(b))''.
       (3) William m. (mac) thornberry national defense 
     authorization act of fiscal year 2021.--Section 9002 of the 
     William M. (Mac) Thornberry National Defense Authorization 
     Act for Fiscal Year 2021 (6 U.S.C. 652a) is amended--
       (A) in subsection (a)--
       (i) by striking paragraph (5);
       (ii) by redesignating paragraphs (6) and (7) as paragraphs 
     (5) and (6), respectively;
       (iii) by amending paragraph (7) to read as follows:
       ``(7) Sector risk management agency.--The term `Sector Risk 
     Management Agency' has the meaning given the term in section 
     2200 of the Homeland Security Act of 2002.'';
       (B) in subsection (c)(3)(B), by striking ``section 
     2201(5)'' and inserting ``section 2200''; and
       (C) in subsection (d), by striking ``section 2215 of the 
     Homeland Security Act of 2002, as added by this section'' and 
     inserting ``section 2218 of the Homeland Security Act of 2002 
     (6 U.S.C. 665d)''.
       (4) National security act of 1947.--Section 113B(b)(4) of 
     the National Security Act of 1947 (50 U.S.C. 3049a(b)(4)) is 
     amended by striking section ``226 of the Homeland Security 
     Act of 2002 (6 U.S.C. 147)'' and inserting ``section 2208 of 
     the Homeland Security Act of 2002 (6 U.S.C. 658)''.
       (5) IoT cybersecurity improvement act of 2020.--Section 
     5(b)(3) of the IoT Cybersecurity Improvement Act of 2020 (15 
     U.S.C. 278g-3c(b)(3)) is amended by striking ``section 
     2209(m) of the Homeland Security Act of 2002 (6 U.S.C. 
     659(m))'' and inserting ``section 2209(l) of the Homeland 
     Security Act of 2002 (6 U.S.C. 659(l))''.
       (6) Small business act.--Section 21(a)(8)(B) of the Small 
     Business Act (15 U.S.C. 648(a)(8)(B)) is amended by striking 
     ``section 2209(a)'' and inserting ``section 2200''.
       (7) Title 46.--Section 70101(2) of title 46, United States 
     Code, is amended by striking ``section 227 of the Homeland 
     Security Act of 2002 (6 U.S.C. 148)'' and inserting ``section 
     2200 of the Homeland Security Act of 2002''.
                                 ______
                                 
  SA 5812. Ms. KLOBUCHAR (for herself and Mr. Tillis) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

[[Page S5288]]

  


     SEC. ___. ENTREPRENEURSHIP ASSISTANCE FOR MILITARY SPOUSES.

       (a) Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Small Business Administration; and
       (2) the term ``small business concern'' has the meaning 
     given the term in section 3(a) of the Small Business Act (15 
     U.S.C. 632(a)).
       (b) Program.--
       (1) In general.--Subject to paragraph (2), the 
     Administrator shall establish a program within the Small 
     Business Administration, the purpose of which shall be to 
     assist military spouses in forming, operating, and growing 
     small business concerns.
       (2) Extension of existing program.--In lieu of establishing 
     a new program, the Administrator may carry out the purposes 
     described in paragraph (1) through an extension of a program 
     that is in existence, as of the date of enactment of this 
     Act, if that extension is tailored to military spouses and 
     otherwise achieves those purposes and satisfies the 
     requirements of this section.
       (c) Assistance.--The assistance provided by the 
     Administrator under the program described in subsection (b) 
     shall include the following:
       (1) Assistance for military spouses in identifying and 
     understanding the requirements with respect to forming and 
     operating a small business concern.
       (2) Assistance for military spouses in strengthening the 
     expertise and skills necessary for the formation and 
     operation of a small business concern, including the 
     expertise and skills necessary to create a sustainable small 
     business concern throughout the uniquely challenging 
     requirements of life as a military spouse, which arise as a 
     result of--
       (A) military deployments;
       (B) military-related absences from the workforce; or
       (C) multiple permanent changes of duty station or other 
     long-term relocations for military reasons.
       (3) Through military spouse entrepreneurship organizations 
     and business volunteer entities (including by entering into 
     cooperative agreements with those organizations and 
     entities), providing mentorship to military spouses with 
     respect to entrepreneurship.
       (4) Any other assistance that the Administrator determines 
     to be appropriate.
       (d) Survey; Report; Use of Results.--
       (1) Survey.--
       (A) In general.--The Administrator, in consultation with 
     such nonprofit organizations and other stakeholders 
     determined appropriate by the Administrator, shall conduct a 
     survey at select military installations to identify the 
     barriers to forming, operating, and growing small business 
     concerns that are faced by military spouses as a result of 
     life as a military spouse, including as a result of the 
     conditions described in subparagraphs (A), (B), and (C) of 
     subsection (c)(2).
       (B) Analysis required.--The survey conducted under 
     subparagraph (A) shall include an analysis of the challenges 
     that military spouses face in accessing capital and other 
     critical resources with respect to forming, operating, and 
     growing small business concerns, including the education, 
     mentoring, and training that is required to form, operate, 
     and grow a small business concern.
       (2) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives a report containing the results of the survey 
     conducted under paragraph (1).
       (e) Use of Results; Outreach.--In carrying out the program 
     described in subsection (b), the Administrator shall--
       (1) take into consideration the results of the survey 
     conducted under subsection (d)(1); and
       (2) develop an outreach program to ensure that the program 
     becomes well-known.
       (f) Consultation Permitted.--In carrying out this section, 
     the Administrator may consult with the Secretary of Defense, 
     as determined necessary by the Administrator.
                                 ______
                                 
  SA 5813. Ms. KLOBUCHAR (for herself and Ms. Collins) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. EXPANSION OF MEMBERSHIP OF THE ADVISORY COMMITTEE 
                   ON MINORITY VETERANS TO INCLUDE VETERANS WHO 
                   ARE LESBIAN, GAY, BISEXUAL, TRANSGENDER, GENDER 
                   DIVERSE, GENDER NON-CONFORMING, INTERSEX, OR 
                   QUEER.

       (a) Expansion of Membership.--Subsection (a)(2)(A) of 
     section 544 of title 38, United States Code, is amended--
       (1) in clause (iv), by striking ``and'' at the end;
       (2) in clause (v), by striking the period at the end and 
     inserting ``; and''; and
       (3) by inserting after clause (v) the following new clause:
       ``(vi) veterans who are lesbian, gay, bisexual, 
     transgender, gender diverse, gender nonconforming, intersex, 
     or queer.''.
       (b) Effective Date.--Clause (vi) of section 544(a)(2)(A) of 
     title 38, United States Code, shall apply to appointments 
     made on or after the date of the enactment of this Act.
                                 ______
                                 
  SA 5814. Ms. SINEMA (for herself and Ms. Lummis) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. IMPROVING DIGITAL IDENTITY.

       (a) Findings.--Congress finds the following:
       (1) The lack of an easy, affordable, reliable, and secure 
     way for organizations, businesses, and government agencies to 
     identify whether an individual is who they claim to be online 
     creates an attack vector that is widely exploited by 
     adversaries in cyberspace and precludes many high-value 
     transactions from being available online.
       (2) Incidents of identity theft and identity fraud continue 
     to rise in the United States, where more than 293,000,000 
     people were impacted by data breaches in 2021.
       (3) Since 2017, losses resulting from identity fraud have 
     increased by 333 percent, and, in 2020, those losses totaled 
     $56,000,000,000.
       (4) The Director of the Treasury Department Financial 
     Crimes Enforcement Network has stated that the abuse of 
     personally identifiable information and other building blocks 
     of identity is a key enabler behind much of the fraud and 
     cybercrime affecting the United States today.
       (5) The inadequacy of current digital identity solutions 
     degrades security and privacy for all people in the United 
     States, and next generation solutions are needed that improve 
     security, privacy, equity, and accessibility.
       (6) Government entities, as authoritative issuers of 
     identity in the United States, are uniquely positioned to 
     deliver critical components that address deficiencies in the 
     digital identity infrastructure of the United States and 
     augment private sector digital identity and authentication 
     solutions.
       (7) State governments are particularly well-suited to play 
     a role in enhancing digital identity solutions used by both 
     the public and private sectors, given the role of State 
     governments as the issuers of driver's licenses and other 
     identity documents commonly used today.
       (8) The public and private sectors should collaborate to 
     deliver solutions that promote confidence, privacy, choice, 
     equity, accessibility, and innovation. The private sector 
     drives much of the innovation around digital identity in the 
     United States and has an important role to play in delivering 
     digital identity solutions.
       (9) The bipartisan Commission on Enhancing National 
     Cybersecurity has called for the Federal Government to 
     ``create an interagency task force directed to find secure, 
     user-friendly, privacy-centric ways in which agencies can 
     serve as 1 authoritative source to validate identity 
     attributes in the broader identity market. This action would 
     enable Government agencies and the private sector to drive 
     significant risk out of new account openings and other high-
     risk, high-value online services, and it would help all 
     citizens more easily and securely engage in transactions 
     online.''.
       (10) The National Institute of Standards and Technology has 
     published digital identity guidelines that address technical 
     requirements for identity proofing and the authentication of 
     users, but those guidelines do not cover requirements for 
     providing identity attribute validation services that could 
     be used to support identity proofing.
       (11) It should be the policy of the Federal Government to 
     use the authorities and capabilities of the Federal 
     Government, in coordination with State, local, Tribal, and 
     territorial partners and private sector innovators, to 
     enhance the security, reliability, privacy, equity, 
     accessibility, and convenience of consent-based digital 
     identity solutions that support and protect transactions 
     between individuals, government entities, and businesses, and 
     that enable people in the United States to prove who they are 
     online.
       (b) Definitions.--In this section:
       (1) Appropriate notification entities.--The term 
     ``appropriate notification entities'' means--
       (A) the President;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (C) the Committee on Oversight and Reform of the House of 
     Representatives.
       (2) Digital identity verification.--The term ``digital 
     identity verification'' means a process to verify the 
     identity or an identity

[[Page S5289]]

     attribute of an individual accessing a service online or 
     through another electronic means.
       (3) Director.--The term ``Director'' means the Director of 
     the Task Force.
       (4) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122).
       (5) Identity attribute.--The term ``identity attribute'' 
     means a data element associated with the identity of an 
     individual, including, the name, address, or date of birth of 
     an individual.
       (6) Identity credential.--The term ``identity credential'' 
     means a document or other evidence of the identity of an 
     individual issued by a government agency that conveys the 
     identity of the individual, including a driver's license or 
     passport.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (8) Task force.--The term ``Task Force'' means the 
     Improving Digital Identity Task Force established under 
     subsection (c)(1).
       (c) Improving Digital Identity Task Force.--
       (1) Establishment.--There is established in the Executive 
     Office of the President a task force to be known as the 
     ``Improving Digital Identity Task Force''.
       (2) Purpose.--The purpose of the Task Force shall be to 
     establish and coordinate a government-wide effort to develop 
     secure methods for Federal, State, local, Tribal, and 
     territorial agencies to improve access and enhance security 
     between physical and digital identity credentials, 
     particularly by promoting the development of digital versions 
     of existing physical identity credentials, including driver's 
     licenses, e-Passports, social security credentials, and birth 
     certificates, to--
       (A) protect the privacy and security of individuals;
       (B) support reliable, interoperable digital identity 
     verification in the public and private sectors; and
       (C) in achieving subparagraphs (A) and (B), place a 
     particular emphasis on--
       (i) reducing identity theft and fraud;
       (ii) enabling trusted transactions; and
       (iii) ensuring equitable access to digital identity 
     verification.
       (3) Director.--
       (A) In general.--The Task Force shall have a Director, who 
     shall be appointed by the President.
       (B) Position.--The Director shall serve at the pleasure of 
     the President.
       (C) Pay and allowances.--The Director shall be compensated 
     at the rate of basic pay prescribed for level II of the 
     Executive Schedule under section 5313 of title 5, United 
     States Code.
       (D) Qualifications.--The Director shall have substantive 
     technical expertise and managerial acumen that--
       (i) is in the business of digital identity management, 
     information security, or benefits administration;
       (ii) is gained from not less than 1 organization; and
       (iii) includes specific expertise gained from academia, 
     advocacy organizations, or the private sector.
       (E) Exclusivity.--The Director may not serve in any other 
     capacity within the Federal Government while serving as 
     Director.
       (F) Term.--The term of the Director, including any official 
     acting in the role of the Director, shall terminate on the 
     date described in paragraph (11).
       (4) Membership.--
       (A) Federal government representatives.--The Task Force 
     shall include the following individuals or the designees of 
     such individuals:
       (i) The Secretary.
       (ii) The Secretary of the Treasury.
       (iii) The Director of the National Institute of Standards 
     and Technology.
       (iv) The Director of the Financial Crimes Enforcement 
     Network.
       (v) The Commissioner of Social Security.
       (vi) The Secretary of State.
       (vii) The Administrator of General Services.
       (viii) The Director of the Office of Management and Budget.
       (ix) The Postmaster General of the United States Postal 
     Service.
       (x) The National Cyber Director.
       (xi) The heads of other Federal agencies or offices as the 
     President may designate or invite, as appropriate.
       (B) State, local, tribal, and territorial government 
     representatives.--The Director shall appoint to the Task 
     Force 6 State, local, Tribal, and territorial government 
     officials who represent agencies that issue identity 
     credentials and who have--
       (i) experience in identity technology and services;
       (ii) knowledge of the systems used to provide identity 
     credentials; or
       (iii) any other qualifications or competencies that may 
     help achieve balance or otherwise support the mission of the 
     Task Force.
       (C) Nongovernmental experts.--
       (i) In general.--The Director shall appoint to the Task 
     Force 5 nongovernmental experts.
       (ii) Specific appointments.--The experts appointed under 
     clause (i) shall include the following:

       (I) A member who is a privacy and civil liberties expert.
       (II) A member who is a technical expert in identity 
     verification.
       (III) A member who is a technical expert in cybersecurity 
     focusing on identity verification services.
       (IV) A member who represents an industry identity 
     verification service provider.
       (V) A member who represents a party that relies on 
     effective identity verification services to conduct business.

       (5) Working groups.--The Director shall organize the 
     members of the Task Force into appropriate working groups for 
     the purpose of increasing the efficiency and effectiveness of 
     the Task Force, as appropriate.
       (6) Meetings.--The Task Force shall--
       (A) convene at the call of the Director; and
       (B) provide an opportunity for public comment in accordance 
     with section 10(a)(3) of the Federal Advisory Committee Act 
     (5 U.S.C. App.).
       (7) Duties.--In carrying out the purpose described in 
     paragraph (2), the Task Force shall--
       (A) identify Federal, State, local, Tribal, and territorial 
     agencies that issue identity credentials or hold information 
     relating to identifying an individual;
       (B) assess restrictions with respect to the abilities of 
     the agencies described in subparagraph (A) to verify identity 
     information for other agencies and nongovernmental 
     organizations;
       (C) assess any necessary changes in statutes, regulations, 
     or policy to address any restrictions assessed under 
     subparagraph (B);
       (D) recommend a standards-based architecture to enable 
     agencies to provide services relating to digital identity 
     verification in a way that--
       (i) is secure, protects privacy, and protects individuals 
     against unfair and misleading practices;
       (ii) prioritizes equity and accessibility;
       (iii) requires individual consent for the provision of 
     digital identify verification services by a Federal, State, 
     local, Tribal, or territorial agency; and
       (iv) is interoperable among participating Federal, State, 
     local, Tribal, and territorial agencies, as appropriate and 
     in accordance with applicable laws;
       (E) recommend principles to promote policies for shared 
     identity proofing across public sector agencies, which may 
     include single sign-on or broadly accepted attestations;
       (F) identify funding or other resources needed to support 
     the agencies described in subparagraph (D) that provide 
     digital identity verification, including recommendations with 
     respect to the need for and the design of a Federal grant 
     program to implement the recommendations of the Task Force 
     and facilitate the development and upgrade of State, local, 
     Tribal, and territorial highly-secure interoperable systems 
     that enable digital identity verification;
       (G) recommend funding models to provide digital identity 
     verification to private sector entities, which may include 
     fee-based funding models;
       (H) determine if any additional steps are necessary with 
     respect to Federal, State, local, Tribal, and territorial 
     agencies to improve digital identity verification and 
     management processes for the purpose of enhancing the 
     security, reliability, privacy, accessibility, equity, and 
     convenience of digital identity solutions that support and 
     protect transactions between individuals, government 
     entities, and businesses; and
       (I) undertake other activities necessary to assess and 
     address other matters relating to digital identity 
     verification, including with respect to--
       (i) the potential exploitation of digital identity tools or 
     associated products and services by malign actors;
       (ii) privacy implications; and
       (iii) increasing access to foundational identity documents.
       (8) Prohibition.--The Task Force may not implicitly or 
     explicitly recommend the creation of--
       (A) a single identity credential provided or mandated by 
     the Federal Government for the purposes of verifying identity 
     or associated attributes;
       (B) a unilateral central national identification registry 
     relating to digital identity verification; or
       (C) a requirement that any individual be forced to use 
     digital identity verification for a given public purpose.
       (9) Required consultation.--The Task Force shall closely 
     consult with leaders of Federal, State, local, Tribal, and 
     territorial governments and nongovernmental leaders, which 
     shall include the following:
       (A) The Secretary of Education.
       (B) The heads of other Federal agencies and offices 
     determined appropriate by the Director.
       (C) State, local, Tribal, and territorial government 
     officials focused on identity, such as information technology 
     officials and directors of State departments of motor 
     vehicles and vital records bureaus.
       (D) Digital privacy experts.
       (E) Civil liberties experts.
       (F) Technology and cybersecurity experts.
       (G) Users of identity verification services.
       (H) Representatives with relevant expertise from academia 
     and advocacy organizations.
       (I) Industry representatives with experience implementing 
     digital identity systems.
       (J) Identity theft and fraud prevention experts, including 
     advocates for victims of identity theft and fraud.
       (10) Reports.--
       (A) Initial report.--Not later than 180 days after the date 
     of enactment of this Act, the Director shall submit to the 
     appropriate

[[Page S5290]]

     notification entities a report on the activities of the Task 
     Force, including--
       (i) recommendations on--

       (I) priorities for research and development in the systems 
     that enable digital identity verification, including how the 
     priorities can be executed;
       (II) the standards-based architecture developed pursuant to 
     paragraph (7)(D);
       (III) methods to leverage digital driver's licenses, 
     distributed ledger technology, and other technologies; and
       (IV) priorities for research and development in the systems 
     and processes that reduce identity fraud; and

       (ii) summaries of the input and recommendations of the 
     leaders consulted under paragraph (9).
       (B) Interim reports.--
       (i) In general.--The Director may submit to the appropriate 
     notification entities interim reports the Director determines 
     necessary to support the work of the Task Force and educate 
     the public.
       (ii) Mandatory report.--Not later than the date that is 18 
     months after the date of enactment of this Act, the Director 
     shall submit to the appropriate notification entities an 
     interim report addressing--

       (I) the matters described in subparagraphs (A), (B), (D), 
     and (F) of paragraph (7); and
       (II) any other matters the Director determines necessary to 
     support the work of the Task Force and educate the public.

       (C) Final report.--Not later than 180 days before the date 
     described in paragraph (11), the Director shall submit to the 
     appropriate notification entities a final report that 
     includes recommendations for the President and Congress 
     relating to any relevant matter within the scope of the 
     duties of the Task Force.
       (D) Public availability.--The Task Force shall make the 
     reports required under this paragraph publicly available on 
     centralized website as an open Government data asset (as 
     defined in section 3502 of title 44, United States Code).
       (11) Sunset.--The Task Force shall conclude business on the 
     date that is 3 years after the date of enactment of this Act.
       (d) Security Enhancements to Federal Systems.--
       (1) Guidance for federal agencies.--Not later than 180 days 
     after the date on which the Director submits the report 
     required under subsection (c)(10)(A), the Director of the 
     Office of Management and Budget shall issue guidance to 
     Federal agencies for the purpose of implementing any 
     recommendations included in such report determined 
     appropriate by the Director of the Office of Management and 
     Budget.
       (2) Reports on federal agency progress improving digital 
     identity verification capabilities.--
       (A) Annual report on guidance implementation.--Not later 
     than 1 year after the date of the issuance of guidance under 
     paragraph (1), and annually thereafter, the head of each 
     Federal agency shall submit to the Director of the Office of 
     Management and Budget a report on the efforts of the Federal 
     agency to implement that guidance.
       (B) Public report.--
       (i) In general.--Not later than 45 days after the date of 
     the issuance of guidance under paragraph (1), and annually 
     thereafter, the Director shall develop and make publicly 
     available a report that includes--

       (I) a list of digital identity verification services 
     offered by Federal agencies;
       (II) the volume of digital identity verifications performed 
     by each Federal agency;
       (III) information relating to the effectiveness of digital 
     identity verification services by Federal agencies; and
       (IV) recommendations to improve the effectiveness of 
     digital identity verification services by Federal agencies.

       (ii) Consultation.--In developing the first report required 
     under clause (i), the Director shall consult the Task Force.
       (C) Congressional report on federal agency digital identity 
     capabilities.--
       (i) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Management and Budget, in coordination with the Director of 
     the Cybersecurity and Infrastructure Security Agency, shall 
     submit to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Oversight and 
     Reform of the House of Representatives a report relating to 
     the implementation and effectiveness of the digital identity 
     capabilities of Federal agencies.
       (ii) Consultation.--In developing the report required under 
     clause (i), the Director of the Office of Management and 
     Budget shall--

       (I) consult with the Task Force; and
       (II) to the greatest extent practicable, include in the 
     report recommendations of the Task Force.

       (iii) Contents of report.--The report required under clause 
     (i) shall include--

       (I) an analysis, including metrics and milestones, for the 
     implementation by Federal agencies of--

       (aa) the guidelines published by the National Institute of 
     Standards and Technology in the document entitled ``Special 
     Publication 800-63'' (commonly referred to as the ``Digital 
     Identity Guidelines''), or any successor document; and
       (bb) if feasible, any additional requirements relating to 
     enhancing digital identity capabilities identified in the 
     document of the Office of Management and Budget entitled ``M-
     19-17'' and issued on May 21, 2019, or any successor 
     document;

       (II) a review of measures taken to advance the equity, 
     accessibility, cybersecurity, and privacy of digital identity 
     verification services offered by Federal agencies; and
       (III) any other relevant data, information, or plans for 
     Federal agencies to improve the digital identity capabilities 
     of Federal agencies.

       (3) Additional reports.--On the first March 1 occurring 
     after the date described in paragraph (2)(C)(i), and annually 
     thereafter, the Director of the Office of Management and 
     Budget shall include in the report required under section 
     3553(c) of title 44, United States Code--
       (A) any additional and ongoing reporting on the matters 
     described in paragraph (2)(C)(iii); and
       (B) associated information collection mechanisms.
       (e) GAO Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a report on the estimated 
     potential savings, including estimated annual potential 
     savings, due to the increased adoption and widespread use of 
     digital identification, of--
       (A) the Federal Government from averted fraud, including 
     benefit fraud; and
       (B) the economy of the United States and consumers from 
     averted identity theft .
       (2) Contents.--Among other variables the Comptroller 
     General of the United States determines relevant, the report 
     required under paragraph (1) shall include multiple scenarios 
     with varying uptake rates to demonstrate a range of possible 
     outcomes.
                                 ______
                                 
  SA 5815. Mr. PETERS (for himself and Mr. Portman) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

  DIVISION __--FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2022

     SEC. __01. SHORT TITLE.

       This division may be cited as the ``Federal Information 
     Security Modernization Act of 2022''.

     SEC. __02. DEFINITIONS.

       In this division, unless otherwise specified:
       (1) Additional cybersecurity procedure.--The term 
     ``additional cybersecurity procedure'' has the meaning given 
     the term in section 3552(b) of title 44, United States Code, 
     as amended by this division.
       (2) Agency.--The term ``agency'' has the meaning given the 
     term in section 3502 of title 44, United States Code.
       (3) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Oversight and Reform of the House of 
     Representatives; and
       (C) the Committee on Homeland Security of the House of 
     Representatives.
       (4) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (5) Incident.--The term ``incident'' has the meaning given 
     the term in section 3552(b) of title 44, United States Code.
       (6) National security system.--The term ``national security 
     system'' has the meaning given the term in section 3552(b) of 
     title 44, United States Code.
       (7) Penetration test.--The term ``penetration test'' has 
     the meaning given the term in section 3552(b) of title 44, 
     United States Code, as amended by this division.
       (8) Threat hunting.--The term ``threat hunting'' means 
     proactively and iteratively searching systems for threats and 
     vulnerabilities, including threats or vulnerabilities that 
     may evade detection by automated threat detection systems.
       (9) Zero trust architecture.--The term ``zero trust 
     architecture'' has the meaning given the term in Special 
     Publication 800-207 of the National Institute of Standards 
     and Technology, or any successor document.

     SEC. __03. AMENDMENTS TO TITLE 44.

       (a) Subchapter I Amendments.--Subchapter I of chapter 35 of 
     title 44, United States Code, is amended--
       (1) in section 3504--
       (A) in subsection (a)(1)(B)--
       (i) by striking clause (v) and inserting the following:
       ``(v) confidentiality, privacy, disclosure, and sharing of 
     information;'';
       (ii) by redesignating clause (vi) as clause (vii); and
       (iii) by inserting after clause (v) the following:
       ``(vi) in consultation with the National Cyber Director, 
     security of information; and''; and
       (B) in subsection (g), by striking paragraph (1) and 
     inserting the following:
       ``(1) develop and oversee the implementation of policies, 
     principles, standards, and

[[Page S5291]]

     guidelines on privacy, confidentiality, disclosure, and 
     sharing, and in consultation with the National Cyber 
     Director, oversee the implementation of policies, principles, 
     standards, and guidelines on security, of information 
     collected or maintained by or for agencies; and'';
       (2) in section 3505--
       (A) by striking the first subsection designated as 
     subsection (c);
       (B) in paragraph (2) of the second subsection designated as 
     subsection (c), by inserting ``an identification of internet 
     accessible information systems and'' after ``an inventory 
     under this subsection shall include'';
       (C) in paragraph (3) of the second subsection designated as 
     subsection (c)--
       (i) in subparagraph (B)--

       (I) by inserting ``the Director of the Cybersecurity and 
     Infrastructure Security Agency, the National Cyber Director, 
     and'' before ``the Comptroller General''; and
       (II) by striking ``and'' at the end;

       (ii) in subparagraph (C)(v), by striking the period at the 
     end and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(D) maintained on a continual basis through the use of 
     automation, machine-readable data, and scanning, wherever 
     practicable.'';
       (3) in section 3506--
       (A) in subsection (a)(3), by inserting ``In carrying out 
     these duties, the Chief Information Officer shall coordinate, 
     as appropriate, with the Chief Data Officer in accordance 
     with the designated functions under section 3520(c).'' after 
     ``reduction of information collection burdens on the 
     public.'';
       (B) in subsection (b)(1)(C), by inserting ``availability,'' 
     after ``integrity,''; and
       (C) in subsection (h)(3), by inserting ``security,'' after 
     ``efficiency,''; and
       (4) in section 3513--
       (A) by redesignating subsection (c) as subsection (d); and
       (B) by inserting after subsection (b) the following:
       ``(c) Each agency providing a written plan under subsection 
     (b) shall provide any portion of the written plan addressing 
     information security to the Secretary of Homeland Security 
     and the National Cyber Director.''.
       (b) Subchapter II Definitions.--
       (1) In general.--Section 3552(b) of title 44, United States 
     Code, is amended--
       (A) by redesignating paragraphs (1), (2), (3), (4), (5), 
     (6), and (7) as paragraphs (2), (4), (5), (6), (7), (9), and 
     (11), respectively;
       (B) by inserting before paragraph (2), as so redesignated, 
     the following:
       ``(1) The term `additional cybersecurity procedure' means a 
     process, procedure, or other activity that is established in 
     excess of the information security standards promulgated 
     under section 11331(b) of title 40 to increase the security 
     and reduce the cybersecurity risk of agency systems.'';
       (C) by inserting after paragraph (2), as so redesignated, 
     the following:
       ``(3) The term `high value asset' means information or an 
     information system that the head of an agency, using 
     policies, principles, standards, or guidelines issued by the 
     Director under section 3553(a), in consultation with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, determines to be so critical to the agency that the 
     loss or degradation of the confidentiality, integrity, or 
     accessibility of such information or information system would 
     have a serious impact on the ability of the agency to perform 
     the mission of the agency or conduct business.'';
       (D) by inserting after paragraph (7), as so redesignated, 
     the following:
       ``(8) The term `major incident' has the meaning given the 
     term in guidance issued by the Director under section 
     3598(a).'';
       (E) by inserting after paragraph (9), as so redesignated, 
     the following:
       ``(10) The term `penetration test'--
       ``(A) means an authorized assessment that emulates attempts 
     to gain unauthorized access to, or disrupt the operations of, 
     an information system or component of an information system; 
     and
       ``(B) includes any additional meaning given the term in 
     policies, principles, standards, or guidelines issued by the 
     Director under section 3553(a).''; and
       (F) by inserting after paragraph (11), as so redesignated, 
     the following:
       ``(12) The term `shared service' means a centralized 
     business or mission capability that is provided to multiple 
     organizations within an agency or to multiple agencies.
       ``(13) The term `zero trust architecture' has the meaning 
     given the term in Special Publication 800-207 of the National 
     Institute of Standards and Technology, or any successor 
     document.''.
       (2) Conforming amendments.--
       (A) Homeland security act of 2002.--Section 1001(c)(1)(A) 
     of the Homeland Security Act of 2002 (6 U.S.C. 511(1)(A)) is 
     amended by striking ``section 3552(b)(5)'' and inserting 
     ``section 3552(b)''.
       (B) Title 10.--
       (i) Section 2222.--Section 2222(i)(8) of title 10, United 
     States Code, is amended by striking ``section 3552(b)(6)(A)'' 
     and inserting ``section 3552(b)(9)(A)''.
       (ii) Section 2223.--Section 2223(c)(3) of title 10, United 
     States Code, is amended by striking ``section 3552(b)(6)'' 
     and inserting ``section 3552(b)''.
       (iii) Section 2315.--Section 2315 of title 10, United 
     States Code, is amended by striking ``section 3552(b)(6)'' 
     and inserting ``section 3552(b)''.
       (iv) Section 2339a.--Section 2339a(e)(5) of title 10, 
     United States Code, is amended by striking ``section 
     3552(b)(6)'' and inserting ``section 3552(b)''.
       (C) High-performance computing act of 1991.--Section 207(a) 
     of the High-Performance Computing Act of 1991 (15 U.S.C. 
     5527(a)) is amended by striking ``section 3552(b)(6)(A)(i)'' 
     and inserting ``section 3552(b)(9)(A)(i)''.
       (D) Internet of things cybersecurity improvement act of 
     2020.--Section 3(5) of the Internet of Things Cybersecurity 
     Improvement Act of 2020 (15 U.S.C. 278g-3a) is amended by 
     striking ``section 3552(b)(6)'' and inserting ``section 
     3552(b)''.
       (E) National defense authorization act for fiscal year 
     2013.--Section 933(e)(1)(B) of the National Defense 
     Authorization Act for Fiscal Year 2013 (10 U.S.C. 2224 note) 
     is amended by striking ``section 3542(b)(2)'' and inserting 
     ``section 3552(b)''.
       (F) Ike skelton national defense authorization act for 
     fiscal year 2011.--The Ike Skelton National Defense 
     Authorization Act for Fiscal Year 2011 (Public Law 111-383) 
     is amended--
       (i) in section 806(e)(5) (10 U.S.C. 2304 note), by striking 
     ``section 3542(b)'' and inserting ``section 3552(b)'';
       (ii) in section 931(b)(3) (10 U.S.C. 2223 note), by 
     striking ``section 3542(b)(2)'' and inserting ``section 
     3552(b)''; and
       (iii) in section 932(b)(2) (10 U.S.C. 2224 note), by 
     striking ``section 3542(b)(2)'' and inserting ``section 
     3552(b)''.
       (G) E-government act of 2002.--Section 301(c)(1)(A) of the 
     E-Government Act of 2002 (44 U.S.C. 3501 note) is amended by 
     striking ``section 3542(b)(2)'' and inserting ``section 
     3552(b)''.
       (H) National institute of standards and technology act.--
     Section 20 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278g-3) is amended--
       (i) in subsection (a)(2), by striking ``section 
     3552(b)(5)'' and inserting ``section 3552(b)''; and
       (ii) in subsection (f)--

       (I) in paragraph (3), by striking ``section 3532(1)'' and 
     inserting ``section 3552(b)''; and
       (II) in paragraph (5), by striking ``section 3532(b)(2)'' 
     and inserting ``section 3552(b)''.

       (c) Subchapter II Amendments.--Subchapter II of chapter 35 
     of title 44, United States Code, is amended--
       (1) in section 3551--
       (A) in paragraph (4), by striking ``diagnose and improve'' 
     and inserting ``integrate, deliver, diagnose, and improve'';
       (B) in paragraph (5), by striking ``and'' at the end;
       (C) in paragraph (6), by striking the period at the end and 
     inserting a semicolon; and
       (D) by adding at the end the following:
       ``(7) recognize that each agency has specific mission 
     requirements and, at times, unique cybersecurity requirements 
     to meet the mission of the agency;
       ``(8) recognize that each agency does not have the same 
     resources to secure agency systems, and an agency should not 
     be expected to have the capability to secure the systems of 
     the agency from advanced adversaries alone; and
       ``(9) recognize that a holistic Federal cybersecurity model 
     is necessary to account for differences between the missions 
     and capabilities of agencies.'';
       (2) in section 3553--
       (A) in subsection (a)--
       (i) in paragraph (1), by inserting ``, in consultation with 
     the Secretary and the National Cyber Director,'' before 
     ``overseeing'';
       (ii) in paragraph (5), by striking ``and'' at the end;
       (iii) in paragraph (6), by striking the period at the end 
     and inserting a semicolon; and
       (iv) by adding at the end the following:
       ``(8) promoting, in consultation with the Director of the 
     Cybersecurity and Infrastructure Security Agency, the 
     National Cyber Director, and the Director of the National 
     Institute of Standards and Technology--
       ``(A) the use of automation to improve Federal 
     cybersecurity and visibility with respect to the 
     implementation of Federal cybersecurity; and
       ``(B) the use of presumption of compromise and least 
     privilege principles, such as zero trust architecture, to 
     improve resiliency and timely response actions to incidents 
     on Federal systems.'';
       (B) in subsection (b)--
       (i) in the matter preceding paragraph (1), by inserting 
     ``and the National Cyber Director'' after ``Director'';
       (ii) in paragraph (2)(A), by inserting ``and reporting 
     requirements under subchapter IV of this chapter'' after 
     ``section 3556'';
       (iii) by redesignating paragraphs (8) and (9) as paragraphs 
     (10) and (11), respectively; and
       (iv) by inserting after paragraph (7) the following:
       ``(8) expeditiously seeking opportunities to reduce costs, 
     administrative burdens, and other barriers to information 
     technology security and modernization for agencies, including 
     through shared services for cybersecurity capabilities 
     identified as appropriate by the Director, in coordination 
     with the Director of the Cybersecurity and Infrastructure 
     Security Agency and other agencies as appropriate;'';
       (C) in subsection (c)--
       (i) in the matter preceding paragraph (1)--

       (I) by striking ``each year'' and inserting ``each year 
     during which agencies are required to submit reports under 
     section 3554(c)'';
       (II) by inserting ``, which shall be unclassified but may 
     include a classified annex,'' after ``a report''; and

[[Page S5292]]

       (III) by striking ``preceding year'' and inserting 
     ``preceding 2 years'';

       (ii) by striking paragraph (1);
       (iii) by redesignating paragraphs (2), (3), and (4) as 
     paragraphs (1), (2), and (3), respectively;
       (iv) in paragraph (3), as so redesignated, by striking 
     ``and'' at the end;
       (v) by inserting after paragraph (3), as so redesignated, 
     the following:
       ``(4) a summary of the risks and trends identified in the 
     Federal risk assessment required under subsection (i);''; and
       (vi) in paragraph (5), by striking the period at the end 
     and inserting ``; and'';
       (D) in subsection (h)--
       (i) in paragraph (2)--

       (I) in subparagraph (A), by inserting ``and the National 
     Cyber Director'' after ``in coordination with the Director''; 
     and
       (II) in subparagraph (D), by inserting ``, the National 
     Cyber Director,'' after ``notify the Director''; and

       (ii) in paragraph (3)(A)(iv), by inserting ``, the National 
     Cyber Director,'' after ``the Secretary provides prior notice 
     to the Director'';
       (E) by amending subsection (i) to read as follows:
       ``(i) Federal Risk Assessment.--On an ongoing and 
     continuous basis, the Director of the Cybersecurity and 
     Infrastructure Security Agency shall assess the Federal risk 
     posture using any available information on the cybersecurity 
     posture of agencies, and brief the Director and National 
     Cyber Director on the findings of such assessment, 
     including--
       ``(1) the status of agency cybersecurity remedial actions 
     described in section 3554(b)(7);
       ``(2) any vulnerability information relating to the systems 
     of an agency that is known by the agency;
       ``(3) analysis of incident information under section 3597;
       ``(4) evaluation of penetration testing performed under 
     section 3559A;
       ``(5) evaluation of vulnerability disclosure program 
     information under section 3559B;
       ``(6) evaluation of agency threat hunting results;
       ``(7) evaluation of Federal and non-Federal cyber threat 
     intelligence;
       ``(8) data on agency compliance with standards issued under 
     section 11331 of title 40;
       ``(9) agency system risk assessments required under section 
     3554(a)(1)(A); and
       ``(10) any other information the Director of the 
     Cybersecurity and Infrastructure Security Agency determines 
     relevant.''; and
       (F) by adding at the end the following:
       ``(m) Binding Operational Directives.--If the Secretary 
     issues a binding operational directive or an emergency 
     directive under this section, not later than 4 days after the 
     date on which the binding operational directive requires an 
     agency to take an action, the Director of the Cybersecurity 
     and Infrastructure Security Agency shall provide to the 
     Director, National Cyber Director, the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Oversight and Reform of the House of 
     Representatives the status of the implementation of the 
     binding operational directive at the agency.
       ``(n) Review of Office of Management and Budget Guidance 
     and Policy.--
       ``(1) Conduct of review.--The Director of the Office of 
     Management and Budget shall regularly review the efficacy of 
     the guidance and policy promulgated by the Director in 
     reducing cybersecurity risks, including consideration of 
     reporting and compliance burden on agencies.
       ``(2) Congressional notification.--The Director of the 
     Office of Management and Budget shall notify the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Oversight and Reform of the House of 
     Representatives of planned changes to guidance or policy 
     resulting from the review in paragraph (1).
       ``(3) GAO review.--The Government Accountability Office 
     shall regularly review the guidance and policy promulgated by 
     the Director to assess its efficacy in risk reduction and 
     burden on agencies, and shall issue recommendations to the 
     Director.
       ``(o) Automated Standard Implementation Verification.--When 
     the Director of the National Institute of Standards and 
     Technology issues a proposed standard or guideline pursuant 
     to paragraphs (2) or (3) of section 20(a) of the National 
     Institute of Standards and Technology Act (15 U.S.C. 278g-
     3(a)), the Director of the National Institute of Standards 
     and Technology shall consider developing and, if appropriate 
     and practical, develop, in consultation with the Director of 
     the Cybersecurity and Infrastructure Security Agency, 
     specifications to enable the automated verification of the 
     implementation of the controls.
       ``(p) Inspectors General Access to Federal Risk 
     Assessments.--The Director of the Cybersecurity and 
     Infrastructure Security Agency shall, upon request, make 
     available Federal risk assessment information under (i) to 
     the Council of the Inspectors General on Integrity and 
     Efficiency.'';
       (3) in section 3554--
       (A) in subsection (a)--
       (i) in paragraph (1)--

       (I) by redesignating subparagraphs (A), (B), and (C) as 
     subparagraphs (B), (C), and (D), respectively;
       (II) by inserting before subparagraph (B), as so 
     redesignated, the following:

       ``(A) on an ongoing and continuous basis, assessing agency 
     system risk by--
       ``(i) identifying and documenting the high value assets of 
     the agency using guidance from the Director;
       ``(ii) evaluating the data assets inventoried under section 
     3511 for sensitivity to compromises in confidentiality, 
     integrity, and availability;
       ``(iii) identifying agency systems that have access to or 
     hold the data assets inventoried under section 3511;
       ``(iv) evaluating the threats facing agency systems and 
     data, including high value assets, based on Federal and non-
     Federal cyber threat intelligence products, where available;
       ``(v) evaluating the vulnerability of agency systems and 
     data, including high value assets, including by analyzing--

       ``(I) the results of penetration testing performed by the 
     Department of Homeland Security under section 3553(b)(9);
       ``(II) the results of penetration testing performed under 
     section 3559A;
       ``(III) information provided to the agency through the 
     vulnerability disclosure program of the agency under section 
     3559B;
       ``(IV) incidents; and
       ``(V) any other vulnerability information relating to 
     agency systems that is known to the agency;

       ``(vi) assessing the impacts of potential agency incidents 
     to agency systems, data, and operations based on the 
     evaluations described in clauses (ii) and (iv) and the agency 
     systems identified under clause (iii); and
       ``(vii) assessing the consequences of potential incidents 
     occurring on agency systems that would impact systems at 
     other agencies, including due to interconnectivity between 
     different agency systems or operational reliance on the 
     operations of the system or data in the system;'';

       (III) in subparagraph (B), as so redesignated, in the 
     matter preceding clause (i), by striking ``providing 
     information'' and inserting ``using information from the 
     assessment required under subparagraph (A), providing 
     information'';
       (IV) in subparagraph (C), as so redesignated--

       (aa) in clause (ii) by inserting ``binding'' before 
     ``operational''; and
       (bb) in clause (vi), by striking ``and'' at the end; and

       (V) by adding at the end the following:

       ``(E) providing an update on the ongoing and continuous 
     assessment required under subparagraph (A)--
       ``(i) upon request, to the inspector general of the agency 
     or the Comptroller General of the United States; and
       ``(ii) on a periodic basis, as determined by guidance 
     issued by the Director but not less frequently than annually, 
     to--

       ``(I) the Director;
       ``(II) the Director of the Cybersecurity and Infrastructure 
     Security Agency; and
       ``(III) the National Cyber Director;

       ``(F) in consultation with the Director of the 
     Cybersecurity and Infrastructure Security Agency and not less 
     frequently than once every 3 years, performing an evaluation 
     of whether additional cybersecurity procedures are 
     appropriate for securing a system of, or under the 
     supervision of, the agency, which shall--
       ``(i) be completed considering the agency system risk 
     assessment required under subparagraph (A); and
       ``(ii) include a specific evaluation for high value assets;
       ``(G) not later than 30 days after completing the 
     evaluation performed under subparagraph (F), providing the 
     evaluation and an implementation plan, if applicable, for 
     using additional cybersecurity procedures determined to be 
     appropriate to--
       ``(i) the Director of the Cybersecurity and Infrastructure 
     Security Agency;
       ``(ii) the Director; and
       ``(iii) the National Cyber Director; and
       ``(H) if the head of the agency determines there is need 
     for additional cybersecurity procedures, ensuring that those 
     additional cybersecurity procedures are reflected in the 
     budget request of the agency;'';
       (ii) in paragraph (2)--

       (I) in subparagraph (A), by inserting ``in accordance with 
     the agency system risk assessment required under paragraph 
     (1)(A)'' after ``information systems'';
       (II) in subparagraph (B)--

       (aa) by striking ``in accordance with standards'' and 
     inserting ``in accordance with--
       ``(i) standards''; and
       (bb) by adding at the end the following:
       ``(ii) the evaluation performed under paragraph (1)(F); and
       ``(iii) the implementation plan described in paragraph 
     (1)(G);''; and

       (III) in subparagraph (D), by inserting ``, through the use 
     of penetration testing, the vulnerability disclosure program 
     established under section 3559B, and other means,'' after 
     ``periodically'';

       (iii) in paragraph (3)--

       (I) in subparagraph (A)--

       (aa) in clause (iii), by striking ``and'' at the end;
       (bb) in clause (iv), by adding ``and'' at the end; and
       (cc) by adding at the end the following:
       ``(v) ensure that--

       ``(I) senior agency information security officers of 
     component agencies carry out responsibilities under this 
     subchapter, as directed by the senior agency information 
     security officer of the agency or an equivalent official; and
       ``(II) senior agency information security officers of 
     component agencies report to--

[[Page S5293]]

       ``(aa) the senior information security officer of the 
     agency or an equivalent official; and
       ``(bb) the Chief Information Officer of the component 
     agency or an equivalent official;''; and
       (iv) in paragraph (5), by inserting ``and the Director of 
     the Cybersecurity and Infrastructure Security Agency'' before 
     ``on the effectiveness'';
       (B) in subsection (b)--
       (i) by striking paragraph (1) and inserting the following:
       ``(1) the ongoing and continuous assessment of agency 
     system risk required under subsection (a)(1)(A), which may 
     include using guidance and automated tools consistent with 
     standards and guidelines promulgated under section 11331 of 
     title 40, as applicable;'';
       (ii) in paragraph (2)--

       (I) by striking subparagraph (B) and inserting the 
     following:

       ``(B) comply with the risk-based budget model developed 
     pursuant to section 3553(a)(7);''; and

       (II) in subparagraph (D)--

       (aa) by redesignating clauses (iii) and (iv) as clauses 
     (iv) and (v), respectively;
       (bb) by inserting after clause (ii) the following:
       ``(iii) binding operational directives and emergency 
     directives issued by the Secretary under section 3553;''; and
       (cc) in clause (iv), as so redesignated, by striking ``as 
     determined by the agency; and'' and inserting ``as determined 
     by the agency, considering the agency risk assessment 
     required under subsection (a)(1)(A);
       (iii) in paragraph (5)(A), by inserting ``, including 
     penetration testing, as appropriate,'' after ``shall include 
     testing'';
       (iv) by redesignating paragraphs (7) and (8) as paragraphs 
     (8) and (9), respectively;
       (v) by inserting after paragraph (6) the following:
       ``(7) a process for providing the status of every remedial 
     action and unremediated identified system vulnerability to 
     the Director and the Director of the Cybersecurity and 
     Infrastructure Security Agency, using automation and machine-
     readable data to the greatest extent practicable;''; and
       (vi) in paragraph (8)(C), as so redesignated--

       (I) by striking clause (ii) and inserting the following:

       ``(ii) notifying and consulting with the Federal 
     information security incident center established under 
     section 3556 pursuant to the requirements of section 3594;'';

       (II) by redesignating clause (iii) as clause (iv);
       (III) by inserting after clause (ii) the following:

       ``(iii) performing the notifications and other activities 
     required under subchapter IV of this chapter; and''; and

       (IV) in clause (iv), as so redesignated--

       (aa) in subclause (II), by adding ``and'' at the end;
       (bb) by striking subclause (III); and
       (cc) by redesignating subclause (IV) as subclause (III);
       (C) in subsection (c)--
       (i) by redesignating paragraph (2) as paragraph (5);
       (ii) by striking paragraph (1) and inserting the following:
       ``(1) Biennial report.--Not later than 2 years after the 
     date of enactment of the Federal Information Security 
     Modernization Act of 2022 and not less frequently than once 
     every 2 years thereafter, using the continuous and ongoing 
     agency system risk assessment required under subsection 
     (a)(1)(A), the head of each agency shall submit to the 
     Director, the Director of the Cybersecurity and 
     Infrastructure Security Agency, the majority and minority 
     leaders of the Senate, the Speaker and minority leader of the 
     House of Representatives, the Committee on Homeland Security 
     and Governmental Affairs of the Senate, the Committee on 
     Oversight and Reform of the House of Representatives, the 
     Committee on Homeland Security of the House of 
     Representatives, the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on Science, 
     Space, and Technology of the House of Representatives, the 
     appropriate authorization and appropriations committees of 
     Congress, the National Cyber Director, and the Comptroller 
     General of the United States a report that--
       ``(A) summarizes the agency system risk assessment required 
     under subsection (a)(1)(A);
       ``(B) evaluates the adequacy and effectiveness of 
     information security policies, procedures, and practices of 
     the agency to address the risks identified in the agency 
     system risk assessment required under subsection (a)(1)(A), 
     including an analysis of the agency's cybersecurity and 
     incident response capabilities using the metrics established 
     under section 224(c) of the Cybersecurity Act of 2015 (6 
     U.S.C. 1522(c));
       ``(C) summarizes the evaluation and implementation plans 
     described in subparagraphs (F) and (G) of subsection (a)(1) 
     and whether those evaluation and implementation plans call 
     for the use of additional cybersecurity procedures determined 
     to be appropriate by the agency; and
       ``(D) summarizes the status of remedial actions identified 
     by inspector general of the agency, the Comptroller General 
     of the United States, and any other source determined 
     appropriate by the head of the agency.
       ``(2) Unclassified reports.--Each report submitted under 
     paragraph (1)--
       ``(A) shall be, to the greatest extent practicable, in an 
     unclassified and otherwise uncontrolled form; and
       ``(B) may include a classified annex.
       ``(3) Access to information.--The head of an agency shall 
     ensure that, to the greatest extent practicable, information 
     is included in the unclassified form of the report submitted 
     by the agency under paragraph (2)(A).
       ``(4) Briefings.--During each year during which a report is 
     not required to be submitted under paragraph (1), the 
     Director shall provide to the congressional committees 
     described in paragraph (1) a briefing summarizing current 
     agency and Federal risk postures.''; and
       (iii) in paragraph (5), as so redesignated, by striking the 
     period at the end and inserting ``, including the reporting 
     procedures established under section 11315(d) of title 40 and 
     subsection (a)(3)(A)(v) of this section'';
       (D) in subsection (d)(1), in the matter preceding 
     subparagraph (A), by inserting ``and the National Cyber 
     Director'' after ``the Director''; and
       (E) by adding at the end the following:
       ``(f) Reporting Structure Exemption.--
       ``(1) In general.--On an annual basis, the Director may 
     exempt an agency from the reporting structure requirement 
     under subsection (a)(3)(A)(v)(II).
       ``(2) Report.--On an annual basis, the Director shall 
     submit a report to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Reform of the House of Representatives that 
     includes a list of each exemption granted under paragraph (1) 
     and the associated rationale for each exemption.
       ``(3) Component of other report.--The report required under 
     paragraph (2) may be incorporated into any other annual 
     report required under this chapter.'';
       (4) in section 3555--
       (A) in the section heading, by striking ``annual 
     independent'' and inserting ``independent'';
       (B) in subsection (a)--
       (i) in paragraph (1), by inserting ``during which a report 
     is required to be submitted under section 3553(c),'' after 
     ``Each year'';
       (ii) in paragraph (2)(A), by inserting ``, including by 
     performing, or reviewing the results of, agency penetration 
     testing and analyzing the vulnerability disclosure program of 
     the agency'' after ``information systems''; and
       (iii) by adding at the end the following:
       ``(3) An evaluation under this section may include 
     recommendations for improving the cybersecurity posture of 
     the agency.'';
       (C) in subsection (b)(1), by striking ``annual'';
       (D) in subsection (e)(1), by inserting ``during which a 
     report is required to be submitted under section 3553(c)'' 
     after ``Each year'';
       (E) in subsection (g)(2)--
       (i) by striking ``this subsection shall'' and inserting 
     ``this subsection--
       ``(A) shall'';
       (ii) in subparagraph (A), as so designated, by striking the 
     period at the end and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(B) identify any entity that performs an independent 
     evaluation under subsection (b).''; and
       (F) by striking subsection (j) and inserting the following:
       ``(j) Guidance.--
       ``(1) In general.--The Director, in consultation with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, the Chief Information Officers Council, the Council 
     of the Inspectors General on Integrity and Efficiency, and 
     other interested parties as appropriate, shall ensure the 
     development of risk-based guidance for evaluating the 
     effectiveness of an information security program and 
     practices
       ``(2) Priorities.--The risk-based guidance developed under 
     paragraph (1) shall include--
       ``(A) the identification of the most common successful 
     threat patterns experienced by each agency;
       ``(B) the identification of security controls that address 
     the threat patterns described in subparagraph (A);
       ``(C) any other security risks unique to the networks of 
     each agency; and
       ``(D) any other element the Director, in consultation with 
     the Director of the Cybersecurity and Infrastructure Security 
     Agency and the Council of the Inspectors General on Integrity 
     and Efficiency, determines appropriate.''; and
       (5) in section 3556(a)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``within the Cybersecurity and Infrastructure Security 
     Agency'' after ``incident center''; and
       (B) in paragraph (4), by striking ``3554(b)'' and inserting 
     ``3554(a)(1)(A)''.
       (d) Conforming Amendments.--
       (1) Table of sections.--The table of sections for chapter 
     35 of title 44, United States Code, is amended by striking 
     the item relating to section 3555 and inserting the 
     following:

``3555. Independent evaluation.''.
       (2) OMB reports.--Section 226(c) of the Cybersecurity Act 
     of 2015 (6 U.S.C. 1524(c)) is amended--
       (A) in paragraph (1)(B), in the matter preceding clause 
     (i), by striking ``annually thereafter'' and inserting 
     ``thereafter during the years during which a report is 
     required to be submitted under section 3553(c) of title 44, 
     United States Code''; and

[[Page S5294]]

       (B) in paragraph (2)(B), in the matter preceding clause 
     (i)--
       (i) by striking ``annually thereafter'' and inserting 
     ``thereafter during the years during which a report is 
     required to be submitted under section 3553(c) of title 44, 
     United States Code''; and
       (ii) by striking ``the report required under section 
     3553(c) of title 44, United States Code'' and inserting 
     ``that report''.
       (3) NIST responsibilities.--Section 20(d)(3)(B) of the 
     National Institute of Standards and Technology Act (15 U.S.C. 
     278g-3(d)(3)(B)) is amended by striking ``annual''.
       (e) Federal System Incident Response.--
       (1) In general.--Chapter 35 of title 44, United States 
     Code, is amended by adding at the end the following:

           ``SUBCHAPTER IV--FEDERAL SYSTEM INCIDENT RESPONSE

     ``Sec. 3591. Definitions

       ``(a) In General.--Except as provided in subsection (b), 
     the definitions under sections 3502 and 3552 shall apply to 
     this subchapter.
       ``(b) Additional Definitions.--As used in this subchapter:
       ``(1) Appropriate reporting entities.--The term 
     `appropriate reporting entities' means--
       ``(A) the majority and minority leaders of the Senate;
       ``(B) the Speaker and minority leader of the House of 
     Representatives;
       ``(C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(D) the Committee on Commerce, Science, and 
     Transportation of the Senate;
       ``(E) the Committee on Oversight and Reform of the House of 
     Representatives;
       ``(F) the Committee on Homeland Security of the House of 
     Representatives;
       ``(G) the Committee on Science, Space, and Technology of 
     the House of Representatives;
       ``(H) the appropriate authorization and appropriations 
     committees of Congress;
       ``(I) the Director;
       ``(J) the Director of the Cybersecurity and Infrastructure 
     Security Agency;
       ``(K) the National Cyber Director;
       ``(L) the Comptroller General of the United States; and
       ``(M) the inspector general of any impacted agency.
       ``(2) Awardee.--The term `awardee', with respect to an 
     agency--
       ``(A) means--
       ``(i) a contractor of an agency;
       ``(ii) the recipient of a grant from an agency;
       ``(iii) a party to a cooperative agreement with an agency; 
     and
       ``(iv) a party to an other transaction agreement with an 
     agency; and
       ``(B) includes a subgrantee of an entity described in 
     subparagraph (A).
       ``(3) Breach.--The term `breach'--
       ``(A) means the compromise, unauthorized disclosure, 
     unauthorized acquisition, or loss of control of personally 
     identifiable information or any similar occurrence; and
       ``(B) includes any additional meaning given the term in 
     policies, principles, standards, or guidelines issued by the 
     Director under section 3553(a).
       ``(4) Contractor.--The term `contractor' means a prime 
     contractor of an agency or a subcontractor of a prime 
     contractor of an agency that creates, collects, stores, 
     processes, maintains, or transmits Federal information.
       ``(5) Federal information.--The term `Federal information' 
     means information created, collected, processed, maintained, 
     disseminated, disclosed, or disposed of by or for the Federal 
     Government in any medium or form.
       ``(6) Federal information system.--The term `Federal 
     information system' means an information system used or 
     operated by an agency, a contractor, an awardee, or another 
     organization on behalf of an agency.
       ``(7) Intelligence community.--The term `intelligence 
     community' has the meaning given the term in section 3 of the 
     National Security Act of 1947 (50 U.S.C. 3003).
       ``(8) Nationwide consumer reporting agency.--The term 
     `nationwide consumer reporting agency' means a consumer 
     reporting agency described in section 603(p) of the Fair 
     Credit Reporting Act (15 U.S.C. 1681a(p)).
       ``(9) Vulnerability disclosure.--The term `vulnerability 
     disclosure' means a vulnerability identified under section 
     3559B.

     ``Sec. 3592. Notification of breach

       ``(a) Notification.--As expeditiously as practicable and 
     without unreasonable delay, and in any case not later than 45 
     days after an agency has a reasonable basis to conclude that 
     a breach has occurred, the head of the agency, in 
     consultation with the senior privacy officer of the agency, 
     shall--
       ``(1) determine whether notice to any individual 
     potentially affected by the breach is appropriate based on an 
     assessment of the risk of harm to the individual that 
     considers--
       ``(A) the nature and sensitivity of the personally 
     identifiable information affected by the breach;
       ``(B) the likelihood of access to and use of the personally 
     identifiable information affected by the breach;
       ``(C) the type of breach; and
       ``(D) any other factors determined by the Director; and
       ``(2) as appropriate, provide written notice in accordance 
     with subsection (b) to each individual potentially affected 
     by the breach--
       ``(A) to the last known mailing address of the individual; 
     or
       ``(B) through an appropriate alternative method of 
     notification that the head of the agency or a designated 
     senior-level individual of the agency selects based on 
     factors determined by the Director.
       ``(b) Contents of Notice.--Each notice of a breach provided 
     to an individual under subsection (a)(2) shall include--
       ``(1) a brief description of the breach;
       ``(2) if possible, a description of the types of personally 
     identifiable information affected by the breach;
       ``(3) contact information of the agency that may be used to 
     ask questions of the agency, which--
       ``(A) shall include an e-mail address or another digital 
     contact mechanism; and
       ``(B) may include a telephone number, mailing address, or a 
     website;
       ``(4) information on any remedy being offered by the 
     agency;
       ``(5) any applicable educational materials relating to what 
     individuals can do in response to a breach that potentially 
     affects their personally identifiable information, including 
     relevant contact information for Federal law enforcement 
     agencies and each nationwide consumer reporting agency; and
       ``(6) any other appropriate information, as determined by 
     the head of the agency or established in guidance by the 
     Director.
       ``(c) Delay of Notification.--
       ``(1) In general.--The Attorney General, the Director of 
     National Intelligence, or the Secretary of Homeland Security 
     may delay a notification required under subsection (a) or (d) 
     if the notification would--
       ``(A) impede a criminal investigation or a national 
     security activity;
       ``(B) reveal sensitive sources and methods;
       ``(C) cause damage to national security; or
       ``(D) hamper security remediation actions.
       ``(2) Documentation.--
       ``(A) In general.--Any delay under paragraph (1) shall be 
     reported in writing to the Director, the Attorney General, 
     the Director of National Intelligence, the Secretary of 
     Homeland Security, the National Cyber Director, the Director 
     of the Cybersecurity and Infrastructure Security Agency, and 
     the head of the agency and the inspector general of the 
     agency that experienced the breach.
       ``(B) Contents.--A report required under subparagraph (A) 
     shall include a written statement from the entity that 
     delayed the notification explaining the need for the delay.
       ``(C) Form.--The report required under subparagraph (A) 
     shall be unclassified but may include a classified annex.
       ``(3) Renewal.--A delay under paragraph (1) shall be for a 
     period of 60 days and may be renewed.
       ``(d) Update Notification.--If an agency determines there 
     is a significant change in the reasonable basis to conclude 
     that a breach occurred, a significant change to the 
     determination made under subsection (a)(1), or that it is 
     necessary to update the details of the information provided 
     to potentially affected individuals as described in 
     subsection (b), the agency shall as expeditiously as 
     practicable and without unreasonable delay, and in any case 
     not later than 30 days after such a determination, notify 
     each individual who received a notification pursuant to 
     subsection (a) of those changes.
       ``(e) Delay and Lack of Notification Report.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Federal Information Security Modernization 
     Act of 2022, and annually thereafter, an official who delays 
     a notification under subsection (c) shall submit to the 
     appropriate reporting entities a report on the delay.
       ``(2) Lack of breach notification.--The Director shall 
     submit to the appropriate reporting entities an annual report 
     on each breach with respect to which the head of an agency 
     determined, pursuant to subsection (a)(1), not to notify 
     individuals potentially impacted by the breach.
       ``(3) Component of other report.--The Director may submit 
     the report required under paragraph (1) as a component of the 
     annual report submitted under section 3597(b).
       ``(f) Congressional Reporting Requirements.--
       ``(1) In general.--On a periodic basis, the Director of the 
     Office of Management and Budget shall update breach 
     notification policies and guidelines for agencies.
       ``(2) Required notice from agencies.--Subject to paragraph 
     (4), the Director of the Office of Management and Budget 
     shall require the head of an agency affected by a breach to 
     expeditiously and not later than 30 days after the date on 
     which the agency discovers the breach give notice of the 
     breach to--
       ``(A) each congressional committee described in section 
     3554(c)(1); and
       ``(B) the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives.
       ``(3) Contents of notice.--Notice of a breach provided by 
     the head of an agency pursuant to paragraph (2) shall 
     include--
       ``(A) information about the breach, including a summary of 
     any information about how the breach occurred known by the 
     agency as of the date of the notice;
       ``(B) an estimate of the number of individuals affected by 
     the breach based on information known by the agency as of the 
     date of the notice, including an assessment of the risk of 
     harm to affected individuals;
       ``(C) a description of any circumstances necessitating a 
     delay in providing notice to individuals affected by the 
     breach; and

[[Page S5295]]

       ``(D) an estimate of whether and when the agency will 
     provide notice to individuals affected by the breach.
       ``(4) Exception.--An element of the intelligence community 
     that is required to provide notice pursuant to paragraph (2) 
     shall only provide such notice to the appropriate committees 
     of Congress.
       ``(5) Rule of construction.--Nothing in paragraphs (1) 
     through (3) shall be construed to alter any authority of an 
     agency.
       ``(g) Rule of Construction.--Nothing in this section shall 
     be construed to limit--
       ``(1) the authority of the Director from issuing guidance 
     relating to notifications of, or the head of an agency from 
     notifying individuals potentially affected by, breaches that 
     are not determined to be major incidents;
       ``(2) the authority of the Director from issuing guidance 
     relating to notifications of major incidents;
       ``(3) the authority of the head of an agency from providing 
     more information than required under subsection (b) when 
     notifying individuals potentially affected by a breach; or
       ``(4) the timing of incident reporting or the types of 
     information included in incident reports provided, pursuant 
     to this subchapter, to--
       ``(A) the Director;
       ``(B) the National Cyber Director;
       ``(C) the Director of the Cybersecurity and Infrastructure 
     Security Agency; or
       ``(D) any other agency.

     ``Sec. 3593. Congressional and Executive Branch reports

       ``(a) Initial Report.--
       ``(1) In general.--Not later than 72 hours after an agency 
     has a reasonable basis to conclude that a major incident 
     occurred, the head of the agency impacted by the major 
     incident shall submit to the appropriate reporting entities a 
     written report and, to the extent practicable, provide a 
     briefing to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Commerce, Science, and Transportation of the Senate, the 
     Committee on Oversight and Reform of the House of 
     Representatives, the Committee on Homeland Security of the 
     House of Representatives, the Committee on Science, Space, 
     and Technology of the House of Representatives, and the 
     appropriate authorization and appropriations committees of 
     Congress.
       ``(2) Contents.--A report required under paragraph (1) 
     shall include, in a manner consistent with section 552a of 
     title 5, United States Code--
       ``(A) a summary of the information available about the 
     major incident, including how the major incident occurred 
     and, if applicable information relating to the major incident 
     as a breach, based on information available to agency 
     officials as of the date on which the agency submits the 
     report;
       ``(B) if applicable, a description and any associated 
     documentation of any circumstances necessitating a delay in a 
     notification to individuals potentially affected by the major 
     incident under section 3592(c);
       ``(C) if applicable, an assessment of the impacts to the 
     agency, the Federal Government, or the security of the United 
     States, based on information available to agency officials on 
     the date on which the agency submits the report;
       ``(D) if applicable, whether any ransom has been demanded 
     or paid, or is expected to be paid, by any entity operating a 
     Federal information system or with access to Federal 
     information or a Federal information system, including, as 
     available, the name of the entity demanding ransom, the date 
     of the demand, and the amount and type of currency demanded, 
     unless disclosure of such information will disrupt an active 
     Federal law enforcement or national security operation; and
       ``(E) information available about the major incident, 
     taking into account--
       ``(i) the information known at the time of the report;
       ``(ii) the sensitivity of the details associated with the 
     major incident; and
       ``(iii) the classification level of the information 
     contained in the report.
       ``(b) Supplemental Report.--Within a reasonable amount of 
     time, but not later than 30 days after the date on which an 
     agency submits a written report under subsection (a), the 
     head of the agency shall provide to the appropriate reporting 
     entities written updates, which may include classified 
     annexes, on the major incident and, to the extent 
     practicable, provide a briefing, which may include a 
     classified component, to the congressional committees 
     described in subsection (a)(1), including summaries of--
       ``(1) vulnerabilities, means by which the major incident 
     occurred, and impacts to the agency relating to the major 
     incident;
       ``(2) any risk assessment and subsequent risk-based 
     security implementation of the affected information system 
     before the date on which the major incident occurred;
       ``(3) the status of compliance of the affected information 
     system with applicable security requirements, including the 
     requirements of section 225(b)(2) of the Federal 
     Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1523), at the 
     time of the major incident;
       ``(4) an estimate of the number of individuals potentially 
     affected by the major incident based on information available 
     to agency officials as of the date on which the agency 
     provides the update;
       ``(5) an assessment of the risk of harm to individuals 
     potentially affected by the major incident based on 
     information available to agency officials as of the date on 
     which the agency provides the update;
       ``(6) an update to the assessment of the risk to agency 
     operations, or to impacts on other agency or non-Federal 
     entity operations, affected by the major incident based on 
     information available to agency officials as of the date on 
     which the agency provides the update;
       ``(7) the detection, response, and remediation actions of 
     the agency, including any support provided by the 
     Cybersecurity and Infrastructure Security Agency under 
     section 3594(d) and status updates on the notification 
     process described in section 3592(a), including any delay 
     described in section 3592(c), if applicable; and
       ``(8) if applicable, a description of any data or 
     circumstances leading the head of the agency to determine, 
     pursuant to section 3592(a)(1), not to notify individuals 
     potentially impacted by a breach.
       ``(c) Update Report.--If the agency, the Director, or the 
     National Cyber Director, determines that there is any 
     significant change in the understanding of the scope, scale, 
     or consequence of a major incident for which an agency 
     submitted a written report under subsection (a), the agency 
     shall provide an updated report to the appropriate reporting 
     entities that includes information relating to the change in 
     understanding.
       ``(d) Biennial Report.--Each agency shall submit as part of 
     the biennial report required under section 3554(c)(1) a 
     description of each major incident that occurred during the 
     2-year period preceding the date on which the biennial report 
     is submitted.
       ``(e) Report Delivery.--Any written report required to be 
     submitted under this section may be submitted in a paper or 
     electronic format.
       ``(f) Threat Briefing.--
       ``(1) In general.--Not later than 7 days after the date on 
     which an agency has a reasonable basis to conclude that a 
     major incident occurred, the head of the impacted agency 
     shall coordinate with the National Cyber Director and consult 
     with the Director and any other Federal entity determined 
     appropriate by the National Cyber Director to provide a 
     briefing to the congressional committees described in 
     subsection (a)(1) on the threat causing the major incident.
       ``(2) Components.--The briefing required under paragraph 
     (1)--
       ``(A) shall, to the greatest extent practicable, include an 
     unclassified component; and
       ``(B) may include a classified component.
       ``(g) Report and Briefing Consistency.--To achieve 
     consistent and coherent agency reporting to Congress, the 
     National Cyber Director, in coordination with the Director, 
     shall--
       ``(1) provide recommendations to agencies on formatting and 
     the contents of information to be included in the reports and 
     briefings required under this section, including 
     recommendations for consistent formats for presenting any 
     associated metrics; and
       ``(2) maintain a comprehensive record of each major 
     incident report and briefing provided under this section, 
     which shall--
       ``(A) include, at a minimum--
       ``(i) the full contents of the report;
       ``(ii) the reporting agency; and
       ``(iii) the date of submission; and a list of the recipient 
     congressional entities; and
       ``(B) be made available upon request to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Oversight and Reform of the House of 
     Representatives.
       ``(h) Rule of Construction.--Nothing in this section shall 
     be construed to limit--
       ``(1) the ability of an agency to provide additional 
     reports or briefings to Congress; or
       ``(2) Congress from requesting additional information from 
     agencies through reports, briefings, or other means.

     ``Sec. 3594. Government information sharing and incident 
       response

       ``(a) In General.--
       ``(1) Incident reporting.--Subject to the limitations 
     described in subsection (b), the head of each agency shall 
     provide to the Cybersecurity and Infrastructure Security 
     Agency information relating to any incident affecting the 
     agency, whether the information is obtained by the Federal 
     Government directly or indirectly.
       ``(2) Contents.--A provision of information relating to an 
     incident made by the head of an agency under paragraph (1) 
     shall, at a minimum--
       ``(A) include detailed information about the safeguards 
     that were in place when the incident occurred;
       ``(B) identify whether the agency implemented the 
     safeguards described in subparagraph (A) correctly;
       ``(C) in order to protect against a similar incident, 
     identify--
       ``(i) how the safeguards described in subparagraph (A) 
     should be implemented differently; and
       ``(ii) additional necessary safeguards; and
       ``(D) include information to aid in incident response, such 
     as--
       ``(i) a description of the affected systems or networks;
       ``(ii) the estimated dates of when the incident occurred; 
     and
       ``(iii) information that could reasonably help identify the 
     party that conducted the incident or the cause of the 
     incident, subject to appropriate privacy protections.

[[Page S5296]]

       ``(3) Information sharing.--The Director of the 
     Cybersecurity and Infrastructure Security Agency shall--
       ``(A) make incident information provided under paragraph 
     (1) available to the Director and the National Cyber 
     Director;
       ``(B) to the greatest extent practicable, share information 
     relating to an incident with--
       ``(i) the head of any agency that may be--

       ``(I) impacted by the incident;
       ``(II) similarly susceptible to the incident; or
       ``(III) similarly targeted by the incident; and

       ``(ii) appropriate Federal law enforcement agencies to 
     facilitate any necessary threat response activities, as 
     requested;
       ``(C) coordinate any necessary information sharing efforts 
     relating to a major incident with the private sector; and
       ``(D) notify the National Cyber Director of any efforts 
     described in subparagraph (C).
       ``(4) National security systems.--Each agency operating or 
     exercising control of a national security system shall share 
     information about incidents that occur on national security 
     systems with the Director of the Cybersecurity and 
     Infrastructure Security Agency to the extent consistent with 
     standards and guidelines for national security systems issued 
     in accordance with law and as directed by the President.
       ``(b) Compliance.--In providing information and selecting a 
     method to provide information under subsection (a), the head 
     of each agency shall implement subsection (a)(1) in a manner 
     that enables automated and consistent reporting to the 
     greatest extent practicable.
       ``(c) Incident Response.--Each agency that has a reasonable 
     basis to suspect or conclude that a major incident occurred 
     involving Federal information in electronic medium or form 
     that does not exclusively involve a national security system, 
     regardless of delays from notification granted for a major 
     incident that is also a breach, shall coordinate with--
       ``(1) the Cybersecurity and Infrastructure Security Agency 
     to facilitate asset response activities and provide 
     recommendations for mitigating future incidents; and
       ``(2) consistent with relevant policies, appropriate 
     Federal law enforcement agencies to facilitate threat 
     response activities.

     ``Sec. 3595. Responsibilities of contractors and awardees

       ``(a) Reporting.--
       ``(1) In general.--With respect to the agency with which an 
     awardee has a contract, grant, cooperative agreement, or 
     other transaction agreement, within the same amount of time 
     that agency is required to report an incident to the 
     Cybersecurity and Infrastructure Security Agency under 
     section 3594(a), the awardee shall report to the head of that 
     agency and the Director of the Cybersecurity and 
     Infrastructure Security Agency if the awardee has a 
     reasonable basis to suspect or conclude that--
       ``(A) an incident or breach has occurred with respect to 
     Federal information collected, used, or maintained by the 
     awardee in connection with the contract, grant, cooperative 
     agreement, or other transaction agreement;
       ``(B) an incident or breach has occurred with respect to a 
     Federal information system used or operated by the awardee in 
     connection with the contract, grant, cooperative agreement, 
     or other transaction agreement; or
       ``(C) the awardee has received information from the agency 
     that the awardee is not authorized to receive in connection 
     with the contract, grant, cooperative agreement, or other 
     transaction agreement.
       ``(2) Procedures.--Following a report of a breach or 
     incident to an agency by an awardee under paragraph (1), the 
     head of the agency, in consultation with the awardee, shall 
     carry out the applicable requirements under sections 3592, 
     3593, and 3594 with respect to the breach or incident.
       ``(b) Regulations; Modifications.--Not later than 1 year 
     after the date of enactment of the Federal Information 
     Security Modernization Act of 2022, the head of each agency 
     shall--
       ``(1) promulgate regulations, policies, and procedures, as 
     appropriate, relating to the responsibilities of awardees to 
     comply with this section; and
       ``(2) modify each existing contract, grant, cooperative 
     agreement, and other transaction agreement of the agency to 
     comply with this section.

     ``Sec. 3596. Training

       ``(a) Covered Individual Defined.--In this section, the 
     term `covered individual' means an individual who obtains 
     access to Federal information or Federal information systems 
     because of the status of the individual as--
       ``(1) an employee, contractor, awardee, volunteer, or 
     intern of an agency; or
       ``(2) an employee of a contractor or awardee of an agency.
       ``(b) Guidance.--The Director, in coordination with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency and the Director of the National Institute of 
     Standards and Technology, shall develop guidance containing 
     minimum standards for training for covered individuals on how 
     to identify and respond to an incident, including--
       ``(1) the internal process of the agency for reporting an 
     incident, including the information to be collected and a 
     requirement that such information be reported in a machine-
     readable format to the greatest extent practicable;
       ``(2) the obligation of a covered individual to report to 
     the agency any suspected or confirmed incident involving 
     Federal information in any medium or form, including paper, 
     oral, and electronic; and
       ``(3) appropriate training and qualification standards for 
     information technology personnel and cyber incident 
     responders.
       ``(c) Training.--The head of each agency shall develop 
     training for covered individuals that adheres to the guidance 
     developed under subsection (b).
       ``(d) Inclusion in Annual Training.--The training developed 
     under subsection (c) may be included as part of an annual 
     privacy or security awareness training of an agency.

     ``Sec. 3597. Analysis and report on Federal incidents

       ``(a) Analysis of Federal Incidents.--
       ``(1) Quantitative and qualitative analyses.--The Director 
     of the Cybersecurity and Infrastructure Security Agency shall 
     perform and, in consultation with the Director and the 
     National Cyber Director, develop, continuous monitoring and 
     quantitative and qualitative analyses of incidents at 
     agencies, including major incidents, including--
       ``(A) the causes of incidents, including--
       ``(i) attacker tactics, techniques, and procedures; and
       ``(ii) system vulnerabilities, including zero days, 
     unpatched systems, and information system misconfigurations;
       ``(B) the scope and scale of incidents at agencies;
       ``(C) common root causes of incidents across multiple 
     agencies;
       ``(D) agency incident response, recovery, and remediation 
     actions and the effectiveness of those actions, as 
     applicable;
       ``(E) lessons learned and recommendations in responding to, 
     recovering from, remediating, and mitigating future 
     incidents; and
       ``(F) trends across multiple agencies to address intrusion 
     detection and incident response capabilities using the 
     metrics established under section 224(c) of the Cybersecurity 
     Act of 2015 (6 U.S.C. 1522(c)).
       ``(2) Automated analysis.--The analyses developed under 
     paragraph (1) shall, to the greatest extent practicable, use 
     machine readable data, automation, and machine learning 
     processes.
       ``(3) Sharing of data and analysis.--
       ``(A) In general.--The Director of the Cybersecurity and 
     Infrastructure Security Agency shall share on an ongoing 
     basis the analyses required under this subsection with 
     agencies, the Director, and the National Cyber Director to--
       ``(i) improve the understanding of cybersecurity risk of 
     agencies; and
       ``(ii) support the cybersecurity improvement efforts of 
     agencies.
       ``(B) Format.--In carrying out subparagraph (A), the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency shall share the analyses--
       ``(i) in human-readable written products; and
       ``(ii) to the greatest extent practicable, in machine-
     readable formats in order to enable automated intake and use 
     by agencies.
       ``(b) Annual Report on Federal Incidents.--Not later than 2 
     years after the date of enactment of this section, and not 
     less frequently than annually thereafter, the Director of the 
     Cybersecurity and Infrastructure Security Agency, in 
     consultation with the Director, the National Cyber Director 
     and the heads of other agencies, as appropriate, shall submit 
     to the appropriate reporting entities a report that 
     includes--
       ``(1) a summary of causes of incidents from across the 
     Federal Government that categorizes those incidents as 
     incidents or major incidents;
       ``(2) the quantitative and qualitative analyses of 
     incidents developed under subsection (a)(1) on an agency-by-
     agency basis and comprehensively across the Federal 
     Government, including--
       ``(A) a specific analysis of breaches; and
       ``(B) an analysis of the Federal Government's performance 
     against the metrics established under section 224(c) of the 
     Cybersecurity Act of 2015 (6 U.S.C. 1522(c)); and
       ``(3) an annex for each agency that includes--
       ``(A) a description of each major incident;
       ``(B) the total number of incidents of the agency; and
       ``(C) an analysis of the agency's performance against the 
     metrics established under section 224(c) of the Cybersecurity 
     Act of 2015 (6 U.S.C. 1522(c)).
       ``(c) Publication.--
       ``(1) In general.--A version of each report submitted under 
     subsection (b) shall be made publicly available on the 
     website of the Cybersecurity and Infrastructure Security 
     Agency during the year during which the report is submitted.
       ``(2) Exemption.--The Director of the Cybersecurity and 
     Infrastructure Security Agency shall exempt all or a portion 
     of a report described in paragraph (1) from public 
     publication if the Director of the Cybersecurity and 
     Infrastructure Security Agency or the National Cyber Director 
     determines the exemption is in the interest of national 
     security.
       ``(3) Limitation on exemption.--An exemption granted under 
     paragraph (2) shall not apply to any version of a report 
     submitted to the appropriate reporting entities under 
     subsection (b).
       ``(d) Information Provided by Agencies.--

[[Page S5297]]

       ``(1) In general.--The analysis required under subsection 
     (a) and each report submitted under subsection (b) shall use 
     information provided by agencies under section 3594(a).
       ``(2) Noncompliance reports.--
       ``(A) In general.--Subject to subparagraph (B), during any 
     year during which the head of an agency does not provide data 
     for an incident to the Cybersecurity and Infrastructure 
     Security Agency in accordance with section 3594(a), the head 
     of the agency, in coordination with the Director of the 
     Cybersecurity and Infrastructure Security Agency and the 
     Director, shall submit to the appropriate reporting entities 
     a report that includes the information described in 
     subsection (b) with respect to the agency.
       ``(B) Exception for national security systems.--The head of 
     an agency that owns or exercises control of a national 
     security system shall not include data for an incident that 
     occurs on a national security system in any report submitted 
     under subparagraph (A).
       ``(3) National security system reports.--
       ``(A) In general.--Annually, the head of an agency that 
     operates or exercises control of a national security system 
     shall submit a report that includes the information described 
     in subsection (b) with respect to the national security 
     system to the extent that the submission is consistent with 
     standards and guidelines for national security systems issued 
     in accordance with law and as directed by the President to--
       ``(i) the majority and minority leaders of the Senate,
       ``(ii) the Speaker and minority leader of the House of 
     Representatives;
       ``(iii) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(iv) the Select Committee on Intelligence of the Senate;
       ``(v) the Committee on Armed Services of the Senate;
       ``(vi) the Committee on Appropriations of the Senate;
       ``(vii) the Committee on Oversight and Reform of the House 
     of Representatives;
       ``(viii) the Committee on Homeland Security of the House of 
     Representatives;
       ``(ix) the Permanent Select Committee on Intelligence of 
     the House of Representatives;
       ``(x) the Committee on Armed Services of the House of 
     Representatives; and
       ``(xi) the Committee on Appropriations of the House of 
     Representatives.
       ``(B) Classified form.--A report required under 
     subparagraph (A) may be submitted in a classified form.
       ``(e) Requirement for Compiling Information.--In publishing 
     the public report required under subsection (c), the Director 
     of the Cybersecurity and Infrastructure Security Agency shall 
     sufficiently compile information such that no specific 
     incident of an agency can be identified, except with the 
     concurrence of the Director and the National Cyber Director, 
     and in consultation with the impacted agency.

     ``Sec. 3598. Major incident definition

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of the Federal Information Security Modernization 
     Act of 2022, the Director, in coordination with the Director 
     of the Cybersecurity and Infrastructure Security Agency and 
     the National Cyber Director, shall develop and promulgate 
     guidance on the definition of the term `major incident' for 
     the purposes of subchapter II and this subchapter.
       ``(b) Requirements.--With respect to the guidance issued 
     under subsection (a), the definition of the term `major 
     incident' shall--
       ``(1) include, with respect to any information collected or 
     maintained by or on behalf of an agency or an information 
     system used or operated by an agency or by a contractor of an 
     agency or another organization on behalf of an agency--
       ``(A) any incident the head of the agency determines is 
     likely to have an impact on--
       ``(i) the national security, foreign relations, homeland 
     security, or economic security of the United States; or
       ``(ii) the civil liberties, public confidence, privacy, or 
     public health and safety of the people of the United States;
       ``(B) any incident the head of the agency determines likely 
     to result in an inability for the agency, a component of the 
     agency, or the Federal Government, to provide 1 or more 
     critical services;
       ``(C) any incident the head of the agency determines 
     substantially disrupts or substantially degrades the 
     operations of a high value asset owned or operated by the 
     agency;
       ``(D) any incident involving the exposure to a foreign 
     entity of sensitive agency information, such as the 
     communications of the head of the agency, the head of a 
     component of the agency, or the direct reports of the head of 
     the agency or the head of a component of the agency; and
       ``(E) any other type of incident determined appropriate by 
     the Director;
       ``(2) stipulate that the National Cyber Director, in 
     consultation with the Director and the Director of the 
     Cybersecurity and Infrastructure Security Agency, may declare 
     a major incident at any agency;
       ``(3) stipulate that the National Cyber Director, in 
     consultation with the Director and the Director of the 
     Cybersecurity and Infrastructure Security Agency, shall 
     consider declaring a major incident at any agency impacted by 
     an incident if it is determined that an incident--
       ``(A) occurs at not less than 2 agencies; and
       ``(B) is enabled by--
       ``(i) a common technical root cause, such as a supply chain 
     compromise, or a common software or hardware vulnerability; 
     or
       ``(ii) the related activities of a common threat actor;
       ``(4) stipulate that, in determining whether an incident 
     constitutes a major incident under the standards described in 
     paragraph (1), the head of the agency shall consult with the 
     National Cyber Director, the Director, and the Director of 
     the Cybersecurity and Infrastructure Security Agency; and
       ``(5) stipulate that the mere report of a vulnerability 
     discovered or disclosed without a loss of confidentiality, 
     integrity, or availability shall not on its own constitute a 
     major incident.
       ``(c) Evaluation and Updates.--Not later than 2 years after 
     the date on which the Director promulgates the guidance 
     required under subsection (a), and not less frequently than 
     every 2 years thereafter, the Director shall provide to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Oversight and Reform of the 
     House of Representatives a briefing that includes--
       ``(1) an evaluation of any necessary updates to the 
     guidance;
       ``(2) an evaluation of any necessary updates to the 
     definition of the term `major incident' included in the 
     guidance; and
       ``(3) an explanation of, and the analysis that led to, the 
     definition described in paragraph (2).''.
       (2) Clerical amendment.--The table of sections for chapter 
     35 of title 44, United States Code, is amended by adding at 
     the end the following:

            ``subchapter iv--federal system incident response

``3591. Definitions.
``3592. Notification of breach.
``3593. Congressional and Executive Branch reports.
``3594. Government information sharing and incident response.
``3595. Responsibilities of contractors and awardees.
``3596. Training.
``3597. Analysis and report on Federal incidents.
``3598. Major incident definition.''.

     SEC. __04. AMENDMENTS TO SUBTITLE III OF TITLE 40.

       (a) Modernizing Government Technology.--Subtitle G of title 
     X of Division A of the National Defense Authorization Act for 
     Fiscal Year 2018 (40 U.S.C. 11301 note) is amended in section 
     1078--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Definitions.--In this section:
       ``(1) Agency.--The term `agency' has the meaning given the 
     term in section 551 of title 5, United States Code.
       ``(2) High value asset.--The term `high value asset' has 
     the meaning given the term in section 3552 of title 44, 
     United States Code.'';
       (2) in subsection (b), by adding at the end the following:
       ``(8) Proposal evaluation.--The Director shall--
       ``(A) give consideration for the use of amounts in the Fund 
     to improve the security of high value assets; and
       ``(B) require that any proposal for the use of amounts in 
     the Fund includes, as appropriate and to be reviewed by the 
     member of the Technology Modernization Board described in 
     subsection (c)(5)(C)--
       ``(i) a cybersecurity risk management plan; and
       ``(ii) a supply chain risk management plan.''; and
       (3) in subsection (c)--
       (A) in paragraph (2)(A)(i), by inserting ``, including a 
     consideration of the impact on high value assets'' after 
     ``operational risks'';
       (B) in paragraph (5)--
       (i) in subparagraph (A), by striking ``and'' at the end;
       (ii) in subparagraph (B), by striking the period at the end 
     and inserting ``and''; and
       (iii) by adding at the end the following:
       ``(C) a senior official from the Cybersecurity and 
     Infrastructure Security Agency of the Department of Homeland 
     Security, appointed by the Director.''; and
       (C) in paragraph (6)(A), by striking ``shall be--'' and all 
     that follows through ``4 employees'' and inserting ``shall be 
     4 employees''.
       (b) Subchapter I.--Subchapter I of chapter 113 of subtitle 
     III of title 40, United States Code, is amended--
       (1) in section 11302--
       (A) in subsection (b), by striking ``use, security, and 
     disposal of'' and inserting ``use, and disposal of, and, in 
     consultation with the Director of the Cybersecurity and 
     Infrastructure Security Agency and the National Cyber 
     Director, promote and improve the security of,'';
       (B) in subsection (c)(3)--
       (i) in subparagraph (A)--

       (I) by striking ``including data'' and inserting ``which 
     shall--

       ``(i) include data''; and

       (II) by adding at the end the following:

       ``(ii) specifically denote cybersecurity funding under the 
     risk-based budget model developed pursuant to section 
     3553(a)(7) of title 44.''; and
       (ii) in subparagraph (B), by adding at the end the 
     following:
       ``(iii) The Director shall provide to the National Cyber 
     Director any cybersecurity funding information described in 
     subparagraph (A)(ii) that is provided to the Director under 
     clause (ii) of this subparagraph.''; and

[[Page S5298]]

       (C) in subsection (h), by inserting ``, including 
     cybersecurity performances,'' after ``the performances''; and
       (2) in section 11303(b)--
       (A) in paragraph (2)(B)--
       (i) in clause (i), by striking ``or'' at the end;
       (ii) in clause (ii), by adding ``or'' at the end; and
       (iii) by adding at the end the following:
       ``(iii) whether the function should be performed by a 
     shared service offered by another executive agency;''; and
       (B) in paragraph (5)(B)(i), by inserting ``, while taking 
     into account the risk-based budget model developed pursuant 
     to section 3553(a)(7) of title 44'' after ``title 31''.
       (c) Subchapter II.--Subchapter II of chapter 113 of 
     subtitle III of title 40, United States Code, is amended--
       (1) in section 11312(a), by inserting ``, including 
     security risks'' after ``managing the risks'';
       (2) in section 11313(1), by striking ``efficiency and 
     effectiveness'' and inserting ``efficiency, security, and 
     effectiveness'';
       (3) in section 11315, by adding at the end the following:
       ``(d) Component Agency Chief Information Officers.--The 
     Chief Information Officer or an equivalent official of a 
     component agency shall report to--
       ``(1) the Chief Information Officer designated under 
     section 3506(a)(2) of title 44 or an equivalent official of 
     the agency of which the component agency is a component; and
       ``(2) the head of the component agency.
       ``(e) Reporting Structure Exemption.--
       ``(1) In general.--On annual basis, the Director may exempt 
     any agency from the reporting structure requirements under 
     subsection (d).
       ``(2) Report.--On an annual basis, the Director shall 
     submit to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Oversight and 
     Reform of the House of Representatives a report that includes 
     a list of each exemption granted under paragraph (1) and the 
     associated rationale for each exemption.
       ``(3) Component of other report.--The report required under 
     paragraph (2) may be incorporated into any other annual 
     report required under chapter 35 of title 44, United States 
     Code.'';
       (4) in section 11317, by inserting ``security,'' before 
     ``or schedule''; and
       (5) in section 11319(b)(1), in the paragraph heading, by 
     striking ``CIOS'' and inserting ``Chief information 
     officers''.

     SEC. __05. ACTIONS TO ENHANCE FEDERAL INCIDENT TRANSPARENCY.

       (a) Responsibilities of the Cybersecurity and 
     Infrastructure Security Agency.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the Cybersecurity and 
     Infrastructure Security Agency shall--
       (A) develop a plan for the development of the analysis 
     required under section 3597(a) of title 44, United States 
     Code, as added by this division, and the report required 
     under subsection (b) of that section that includes--
       (i) a description of any challenges the Director of the 
     Cybersecurity and Infrastructure Security Agency anticipates 
     encountering; and
       (ii) the use of automation and machine-readable formats for 
     collecting, compiling, monitoring, and analyzing data; and
       (B) provide to the appropriate congressional committees a 
     briefing on the plan developed under subparagraph (A).
       (2) Briefing.--Not later than 1 year after the date of 
     enactment of this Act, the Director of the Cybersecurity and 
     Infrastructure Security Agency shall provide to the 
     appropriate congressional committees a briefing on--
       (A) the execution of the plan required under paragraph 
     (1)(A); and
       (B) the development of the report required under section 
     3597(b) of title 44, United States Code, as added by this 
     division.
       (b) Responsibilities of the Director of the Office of 
     Management and Budget.--
       (1) Updating fisma 2014.--Section 2 of the Federal 
     Information Security Modernization Act of 2014 (Public Law 
     113-283; 128 Stat. 3073) is amended--
       (A) by striking subsections (b) and (d); and
       (B) by redesignating subsections (c), (e), and (f) as 
     subsections (b), (c), and (d), respectively.
       (2) Incident data sharing.--
       (A) In general.--The Director shall develop guidance, to be 
     updated not less frequently than once every 2 years, on the 
     content, timeliness, and format of the information provided 
     by agencies under section 3594(a) of title 44, United States 
     Code, as added by this division.
       (B) Requirements.--The guidance developed under 
     subparagraph (A) shall--
       (i) enable the efficient development of--

       (I) lessons learned and recommendations in responding to, 
     recovering from, remediating, and mitigating future 
     incidents; and
       (II) the report on Federal incidents required under section 
     3597(b) of title 44, United States Code, as added by this 
     division;

       (ii) include requirements for the timeliness of data 
     production; and
       (iii) include requirements for using automation and 
     machine-readable data for data sharing and availability.
       (3) Guidance on responding to information requests.--Not 
     later than 1 year after the date of enactment of this Act, 
     the Director shall develop guidance for agencies to implement 
     the requirement under section 552a(b)(13) of title 5, United 
     States Code, as added by this section, to provide information 
     to other agencies experiencing incidents.
       (4) Standard guidance and templates.--Not later than 1 year 
     after the date of enactment of this Act, the Director, in 
     consultation with the Director of the Cybersecurity and 
     Infrastructure Security Agency, shall develop guidance and, 
     as appropriate, templates, to be reviewed and, if necessary, 
     updated not less frequently than once every 2 years, for use 
     by agencies in the activities required under sections 3592, 
     3593, and 3596 of title 44, United States Code, as added by 
     this division.
       (5) Contractor and awardee guidance.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Director, in coordination with the 
     Secretary of Homeland Security, the Secretary of Defense, the 
     Administrator of General Services, and the heads of other 
     agencies determined appropriate by the Director, shall issue 
     guidance to agencies on how to deconflict, to the greatest 
     extent practicable, existing regulations, policies, and 
     procedures relating to the responsibilities of contractors 
     and awardees established under section 3595 of title 44, 
     United States Code, as added by this division.
       (B) Existing processes.--To the greatest extent 
     practicable, the guidance issued under subparagraph (A) shall 
     allow contractors and awardees to use existing processes for 
     notifying agencies of incidents involving information of the 
     Federal Government.
       (6) Updated briefings.--Not later than 30 days after the 
     Director updates guidance or templates under paragraph (2)(A) 
     or (4), the Director shall provide to the appropriate 
     congressional committees a briefing on such updates.
       (c) Update to the Privacy Act of 1974.--Section 552a(b) of 
     title 5, United States Code (commonly known as the ``Privacy 
     Act of 1974'') is amended--
       (1) in paragraph (11), by striking ``or'' at the end;
       (2) in paragraph (12), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(13) to another agency, to the extent necessary, in 
     furtherance of a response to an incident (as defined in 
     section 3552 of title 44) or to fulfill the information 
     sharing requirements under section 3594 of title 44, provided 
     that the disclosing agency maintains documentation specifying 
     the particular portion shared and the activity for which the 
     record is disclosed.''.

     SEC. __06. ADDITIONAL GUIDANCE TO AGENCIES ON FISMA UPDATES.

       Not later than 1 year after the date of enactment of this 
     Act, the Director, in consultation with the Director of the 
     Cybersecurity and Infrastructure Security Agency, shall issue 
     guidance for agencies on--
       (1) performing the ongoing and continuous agency system 
     risk assessment required under section 3554(a)(1)(A) of title 
     44, United States Code, as amended by this division;
       (2) implementing additional cybersecurity procedures, which 
     shall include opportunities for shared services;
       (3) establishing a process for providing the status of each 
     remedial action under section 3554(b)(7) of title 44, United 
     States Code, as amended by this division, to the Director and 
     the Director of the Cybersecurity and Infrastructure Security 
     Agency using automation and machine-readable data, as 
     practicable, which shall include--
       (A) specific guidance for the use of automation and 
     machine-readable data; and
       (B) templates for providing the status of the remedial 
     action; and
       (4) a requirement to coordinate with inspectors general of 
     agencies to ensure consistent understanding and application 
     of agency policies for the purpose of evaluations by 
     inspectors general.

     SEC. __07. AGENCY REQUIREMENTS TO NOTIFY PRIVATE SECTOR 
                   ENTITIES IMPACTED BY INCIDENTS.

       (a) Definitions.--In this section:
       (1) Reporting entity.--The term ``reporting entity'' means 
     private organization or governmental unit that is required by 
     statute or regulation to submit sensitive information to an 
     agency.
       (2) Sensitive information.--The term ``sensitive 
     information'' has the meaning given the term by the Director 
     in guidance issued under subsection (b).
       (b) Guidance on Notification of Reporting Entities.--Not 
     later than 1 year after the date of enactment of this Act, 
     the Director shall issue guidance requiring the head of each 
     agency to notify a reporting entity of an incident that is 
     likely to substantially affect--
       (1) the confidentiality or integrity of sensitive 
     information submitted by the reporting entity to the agency 
     pursuant to a statutory or regulatory requirement; or
       (2) any agency information system used in the transmission 
     or storage of the sensitive information described in 
     paragraph (1).

     SEC. __08. MOBILE SECURITY STANDARDS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall--
       (1) evaluate mobile application security guidance 
     promulgated by the Director; and
       (2) issue guidance to secure mobile devices, including for 
     mobile applications, for every agency.
       (b) Contents.--The guidance issued under subsection (a)(2) 
     shall include--

[[Page S5299]]

       (1) a requirement, pursuant to section 3506(b)(4) of title 
     44, United States Code, for every agency to maintain a 
     continuous inventory of every--
       (A) mobile device operated by or on behalf of the agency; 
     and
       (B) vulnerability identified by the agency associated with 
     a mobile device;
       (2) a requirement for each agency to perform continuous 
     evaluation of the vulnerabilities described in paragraph 
     (1)(B) and other risks associated with the use of 
     applications on mobile devices; and
       (3) instructions on sharing the inventory of the agency 
     required under paragraph (1) with the Director of the 
     Cybersecurity and Infrastructure Security Agency, using 
     automation and machine-readable data to the greatest extent 
     practicable.
       (c) Briefing.--Not later than 60 days after the date on 
     which the Director issues guidance under subsection (a)(2), 
     the Director, in coordination with the Director of the 
     Cybersecurity and Infrastructure Security Agency, shall 
     provide to the appropriate congressional committees a 
     briefing on the guidance.

     SEC. __09. DATA AND LOGGING RETENTION FOR INCIDENT RESPONSE.

       (a) Recommendations.--Not later than 2 years after the date 
     of enactment of this Act, and not less frequently than every 
     2 years thereafter, the Director of the Cybersecurity and 
     Infrastructure Security Agency, in consultation with the 
     Attorney General, shall submit to the Director 
     recommendations on requirements for logging events on agency 
     systems and retaining other relevant data within the systems 
     and networks of an agency.
       (b) Contents.--The recommendations provided under 
     subsection (a) shall include--
       (1) the types of logs to be maintained;
       (2) the duration that logs and other relevant data should 
     be retained;
       (3) the time periods for agency implementation of 
     recommended logging and security requirements;
       (4) how to ensure the confidentiality, integrity, and 
     availability of logs;
       (5) requirements to ensure that, upon request, in a manner 
     consistent section 552a of title 5, United States Code, 
     agencies provide logs to--
       (A) the Director of the Cybersecurity and Infrastructure 
     Security Agency for a cybersecurity purpose; and
       (B) the Director of the Federal Bureau of Investigation, or 
     the appropriate Federal law enforcement agency, to 
     investigate potential criminal activity; and
       (6) requirements to ensure that the highest level security 
     operations center of each agency has visibility into all 
     agency logs.
       (c) Guidance.--Not later than 90 days after receiving the 
     recommendations submitted under subsection (a), the Director, 
     in consultation with the National Cyber Director, the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency and the Attorney General, shall, as determined to be 
     appropriate by the Director, update guidance to agencies 
     regarding requirements for logging, log retention, log 
     management, sharing of log data with other appropriate 
     agencies, or any other logging activity determined to be 
     appropriate by the Director.
       (d) Sunset.--This section shall cease to have force or 
     effect on the date that is 10 years after the date of the 
     enactment of this Act.

     SEC. __10. CISA AGENCY ADVISORS.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Director of the Cybersecurity and 
     Infrastructure Security Agency shall assign not less than 1 
     cybersecurity professional employed by the Cybersecurity and 
     Infrastructure Security Agency to be the Cybersecurity and 
     Infrastructure Security Agency advisor to the senior agency 
     information security officer of each agency.
       (b) Qualifications.--Each advisor assigned under subsection 
     (a) shall have knowledge of--
       (1) cybersecurity threats facing agencies, including any 
     specific threats to the assigned agency;
       (2) performing risk assessments of agency systems; and
       (3) other Federal cybersecurity initiatives.
       (c) Duties.--The duties of each advisor assigned under 
     subsection (a) shall include--
       (1) providing ongoing assistance and advice, as requested, 
     to the agency Chief Information Officer;
       (2) serving as an incident response point of contact 
     between the assigned agency and the Cybersecurity and 
     Infrastructure Security Agency; and
       (3) familiarizing themselves with agency systems, 
     processes, and procedures to better facilitate support to the 
     agency in responding to incidents.
       (d) Limitation.--An advisor assigned under subsection (a) 
     shall not be a contractor.
       (e) Multiple Assignments.--One individual advisor may be 
     assigned to multiple agency Chief Information Officers under 
     subsection (a).
       (f) Coordination of Activities.--The Director of the 
     Cybersecurity and Infrastructure Security Agency shall 
     consult with the Director on the execution of the duties of 
     the Cybersecurity and Infrastructure Security Agency advisors 
     to ensure that there is no inappropriate duplication of 
     activities among--
       (1) Federal cybersecurity support to agencies of the Office 
     of Management and Budget; and
       (2) the Cybersecurity and Infrastructure Security Agency 
     advisors.
       (g) Rule of Construction.--Nothing in this section shall be 
     construed impact the ability of the Director to support 
     agency implementation of Federal cybersecurity requirements 
     pursuant to subchapter II of chapter 35 of title 44, United 
     States Code, as amended by this Act.

     SEC. __11. FEDERAL PENETRATION TESTING POLICY.

       (a) In General.--Subchapter II of chapter 35 of title 44, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 3559A. Federal penetration testing

       ``(a) Guidance.--The Director, in consultation with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, shall issue guidance to agencies that--
       ``(1) requires agencies to use, when and where appropriate, 
     penetration testing by both Federal and non-Federal entities 
     on agency systems with a focus on high value assets;
       ``(2) provides policies governing the development of--
       ``(A) an agency operational plan;
       ``(B) rules of engagement for using penetration testing; 
     and
       ``(C) procedures to use the results of penetration testing 
     to improve the cybersecurity and risk management of the 
     agency;
       ``(3) ensures that--
       ``(A) penetration testing is performed appropriately by 
     agencies; and
       ``(B) operational support or a shared service is available; 
     and
       ``(4) in no manner restricts the authority of the Secretary 
     of Homeland Security or the Director of the Cybersecurity and 
     Infrastructure Agency to conduct threat hunting pursuant to 
     section 3553 of title 44, United States Code, or penetration 
     testing under this chapter.
       ``(b) Exception for National Security Systems.--The 
     guidance issued under subsection (a) shall not apply to 
     national security systems.
       ``(c) Delegation of Authority for Certain Systems.--The 
     authorities of the Director described in subsection (a) shall 
     be delegated to--
       ``(1) the Secretary of Defense in the case of a system 
     described in section 3553(e)(2); and
       ``(2) the Director of National Intelligence in the case of 
     a system described in section 3553(e)(3).''.
       (b) Deadline for Guidance.--Not later than 1 year after the 
     date of enactment of this Act, the Director shall issue the 
     guidance required under section 3559A(a) of title 44, United 
     States Code, as added by subsection (a).
       (c) Clerical Amendment.--The table of sections for chapter 
     35 of title 44, United States Code, is amended by adding 
     after the item relating to section 3559 the following:

``3559A. Federal penetration testing.''.
       (d) Sunset.--
       (1) In general.--Effective on the date that is 10 years 
     after the date of enactment of this Act, subchapter II of 
     chapter 35 of title 44, United States Code, is amended by 
     striking section 3559A.
       (2) Clerical amendment.--Effective on the date that is 10 
     years after the date of enactment of this Act, the table of 
     sections for chapter 35 of title 44, United States Code, is 
     amended by striking the item relating to section 3559A.
       (e) Penetration Testing by the Secretary of Homeland 
     Security.--Section 3553(b) of title 44, United States Code, 
     as amended by section __03, is further amended by inserting 
     after paragraph (8) the following:
       ``(9) performing penetration testing to identify 
     vulnerabilities within Federal information systems;''.

     SEC. __12. ONGOING THREAT HUNTING PROGRAM.

       (a) Threat Hunting Program.--
       (1) In general.--Not later than 540 days after the date of 
     enactment of this Act, the Director of the Cybersecurity and 
     Infrastructure Security Agency shall establish a program to 
     provide ongoing, proactive threat-hunting services in 
     accordance with authorities granted under section paragraphs 
     (7) and (10) of subsection (b) and subsection (l) of section 
     3553 of title 44,United States Code, as amended by this Act, 
     which may be offered as a shared service, on the networks of 
     each agency.
       (2) Plan.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the Cybersecurity and 
     Infrastructure Security Agency shall develop a plan to 
     establish the program required under paragraph (1) that 
     describes how the Director of the Cybersecurity and 
     Infrastructure Security Agency plans to--
       (A) determine the method for collecting, storing, 
     accessing, analyzing, and safeguarding appropriate agency 
     data;
       (B) provide on-premises support to agencies;
       (C) staff threat hunting services;
       (D) establish common operating procedures, including 
     necessary interagency legal agreements;
       (E) allocate available human and financial resources to 
     implement the plan; and
       (F) provide input to the heads of agencies on the use of 
     additional cybersecurity procedures under section 3554 of 
     title 44, United States Code.
       (b) Reports.--The Director of the Cybersecurity and 
     Infrastructure Security Agency shall submit to the 
     appropriate congressional committees--

[[Page S5300]]

       (1) not later than 30 days after the date on which the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency completes the plan required under subsection (a)(2), a 
     report on the plan to provide threat hunting services to 
     agencies;
       (2) not less than 30 days before the date on which the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency begins providing threat hunting services under the 
     program under subsection (a)(1), a report providing any 
     updates to the plan developed under subsection (a)(2); and
       (3) not later than 1 year after the date on which the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency begins providing threat hunting services to agencies 
     other than the Cybersecurity and Infrastructure Security 
     Agency, a report describing lessons learned from providing 
     those services.

     SEC. __13. VULNERABILITY DISCLOSURE PROGRAMS.

       (a) In General.--Chapter 35 of title 44, United States 
     Code, is amended by inserting after section 3559A, as added 
     by section __11 of this division, the following:

     ``Sec. 3559B. Federal vulnerability disclosure programs

       ``(a) Purpose; Sense of Congress.--
       ``(1) Purpose.--The purpose of Federal vulnerability 
     disclosure programs is to create a mechanism to use the 
     expertise of the public to provide a service to agencies by 
     identifying information system vulnerabilities.
       ``(2) Sense of congress.--It is the sense of Congress that, 
     in implementing the requirements of this section, the Federal 
     Government should take appropriate steps to reduce real and 
     perceived burdens in communications between agencies and 
     security researchers.
       ``(b) Definitions.--In this section:
       ``(1) Security vulnerability.--The term `security 
     vulnerability' has the meaning given the term in section 102 
     of the Cybersecurity Information Sharing Act of 2015 (6 
     U.S.C. 1501).
       ``(2) Submitter.--The term `submitter' means an individual 
     that submits a vulnerability disclosure report pursuant to 
     the vulnerability disclosure process of an agency.
       ``(3) Vulnerability disclosure report.--The term 
     `vulnerability disclosure report' means a disclosure of a 
     security vulnerability made to an agency by a submitter.
       ``(c) Responsibilities of OMB.--
       ``(1) Limitation on legal action.--The Director, in 
     consultation with the Attorney General, shall issue guidance 
     to agencies to not recommend or pursue legal action against a 
     submitter or an individual that conducts a security research 
     activity that--
       ``(A) represents a good faith effort to identify and report 
     security vulnerabilities in Federal information systems; or
       ``(B) is otherwise authorized under the vulnerability 
     disclosure policy of the agency developed under subsection 
     (e)(2).
       ``(2) Sharing information with cisa.--The Director, in 
     coordination with the Director of the Cybersecurity and 
     Infrastructure Security Agency and in consultation with the 
     National Cyber Director, shall issue guidance to agencies on 
     sharing relevant information in a consistent, automated, and 
     machine readable manner with the Director of the 
     Cybersecurity and Infrastructure Security Agency, including--
       ``(A) any valid or credible vulnerability disclosure 
     reports of newly discovered or not publicly known security 
     vulnerabilities (including misconfigurations) in commercial 
     software or services used by Federal information systems;
       ``(B) information relating to vulnerability disclosure, 
     coordination, or remediation activities of an agency, 
     particularly as those activities relate to outside 
     organizations--
       ``(i) with which the head of the agency believes the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency can assist; or
       ``(ii) about which the head of the agency believes the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency should know; and
       ``(C) any other information with respect to which the head 
     of the agency determines helpful or necessary to involve the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency.
       ``(3) Agency vulnerability disclosure policies.--
       ``(A) In general.--The Director shall issue guidance to 
     agencies on the required minimum scope of agency systems 
     covered by the vulnerability disclosure policy of an agency 
     required under subsection (e)(2).
       ``(B) Limitation.--The guidance to agencies under 
     subparagraph (A) shall stipulate that the mere identification 
     by a submitter of a security vulnerability, without a 
     significant compromise of confidentiality, integrity, or 
     availability, does not constitute a major incident.
       ``(d) Responsibilities of CISA.--The Director of the 
     Cybersecurity and Infrastructure Security Agency shall--
       ``(1) provide support to agencies with respect to the 
     implementation of the requirements of this section;
       ``(2) develop tools, processes, and other mechanisms 
     determined appropriate to offer agencies capabilities to 
     implement the requirements of this section;
       ``(3) upon a request by an agency, assist the agency in the 
     disclosure to vendors of newly identified security 
     vulnerabilities in vendor products and services; and
       ``(4) as appropriate, implement the requirements of this 
     section, in accordance with the authority under section 
     3553(b)(8), as a shared service available to agencies.
       ``(e) Responsibilities of Agencies.--
       ``(1) Public information.--The head of each agency shall 
     make publicly available, with respect to each internet domain 
     under the control of the agency that is not a national 
     security system--
       ``(A) an appropriate security contact; and
       ``(B) the component of the agency that is responsible for 
     the internet accessible services offered at the domain.
       ``(2) Vulnerability disclosure policy.--The head of each 
     agency shall develop and make publicly available a 
     vulnerability disclosure policy for the agency, which shall--
       ``(A) describe--
       ``(i) the scope of the systems of the agency included in 
     the vulnerability disclosure policy;
       ``(ii) the type of information system testing that is 
     authorized by the agency;
       ``(iii) the type of information system testing that is not 
     authorized by the agency; and
       ``(iv) the disclosure policy of the agency for sensitive 
     information;
       ``(B) with respect to a vulnerability disclosure report to 
     an agency, describe--
       ``(i) how the submitter should submit the vulnerability 
     disclosure report; and
       ``(ii) if the report is not anonymous, when the reporter 
     should anticipate an acknowledgment of receipt of the report 
     by the agency;
       ``(C) include any other relevant information; and
       ``(D) be mature in scope and cover every internet 
     accessible Federal information system used or operated by 
     that agency or on behalf of that agency.
       ``(3) Identified security vulnerabilities.--The head of 
     each agency shall--
       ``(A) consider security vulnerabilities reported under 
     paragraph (2); and
       ``(B) commensurate with the risk posed by the security 
     vulnerability, address such security vulnerability using the 
     security vulnerability management process of the agency.
       ``(f) Congressional Reporting.--Not later than 90 days 
     after the date of enactment of the Federal Information 
     Security Modernization Act of 2022, and annually thereafter 
     for a 3-year period, the Director of the Cybersecurity and 
     Infrastructure Security Agency, in consultation with the 
     Director and the heads of impacted agencies, shall provide to 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate and the Committee on Oversight and Reform of 
     the House of Representatives a briefing on the status of the 
     use of vulnerability disclosure policies under this section 
     at agencies, including, with respect to the guidance issued 
     under subsection (c)(3), an identification of the agencies 
     that are compliant and not compliant.
       ``(g) Exemptions.--The authorities and functions of the 
     Director and Director of the Cybersecurity and Infrastructure 
     Security Agency under this section shall not apply to 
     national security systems.
       ``(h) Delegation of Authority for Certain Systems.--The 
     authorities of the Director and the Director of the 
     Cybersecurity and Infrastructure Security Agency described in 
     this section shall be delegated--
       ``(1) to the Secretary of Defense in the case of systems 
     described in section 3553(e)(2); and
       ``(2) to the Director of National Intelligence in the case 
     of systems described in section 3553(e)(3).''.
       (b) Clerical Amendment.--The table of sections for chapter 
     35 of title 44, United States Code, is amended by adding 
     after the item relating to section 3559A, as added by section 
     __11 of this division, the following:

``3559B. Federal vulnerability disclosure programs.''.
       (c) Sunset.--
       (1) In general.--Effective on the date that is 10 years 
     after the date of enactment of this Act, subchapter II of 
     chapter 35 of title 44, United States Code, is amended by 
     striking section 3559B.
       (2) Clerical amendment.--Effective on the date that is 10 
     years after the date of enactment of this Act, the table of 
     sections for chapter 35 of title 44, United States Code, is 
     amended by striking the item relating to section 3559B.

     SEC. __14. IMPLEMENTING ZERO TRUST ARCHITECTURE.

       (a) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Director shall provide to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committees on Oversight and Reform and 
     Homeland Security of the House of Representatives an update 
     on progress in increasing the internal defenses of agency 
     systems, including--
       (1) shifting away from ``trusted networks'' to implement 
     security controls based on a presumption of compromise, 
     including through the transition to zero trust architecture;
       (2) implementing principles of least privilege in 
     administering information security programs;
       (3) limiting the ability of entities that cause incidents 
     to move laterally through or between agency systems;
       (4) identifying incidents quickly;
       (5) isolating and removing unauthorized entities from 
     agency systems as quickly as practicable, accounting for 
     intelligence or law enforcement purposes;
       (6) otherwise increasing the resource costs for entities 
     that cause incidents to be successful; and

[[Page S5301]]

       (7) a summary of the agency progress reports required under 
     subsection (b).
       (b) Progress Report.--As a part of the report required 
     under section 3553(c) of title 44, United States Code, the 
     Director shall include an update on agency implementation of 
     information security programs based on the presumption of 
     compromise and least privilege, such as zero trust 
     architecture, which shall include--
       (1) a description of steps agencies have completed, 
     including progress toward achieving any requirements issued 
     by the Director, including the adoption of any models or 
     reference architecture;
       (2) an identification of activities that have not yet been 
     completed and that would have the most immediate security 
     impact; and
       (3) a schedule to implement any planned activities.
       (c) Classified Annex.--The update required under subsection 
     (b) may include a classified annex, as appropriate.

     SEC. __15. GAO AUTOMATION REPORTS.

       Not later than 2 years after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     perform a study, and submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committees on Oversight and Reform and Homeland Security of 
     the House of Representatives a report, on the use of 
     automation and machine-readable data across the Federal 
     Government for cybersecurity purposes, including the 
     automated updating of cybersecurity tools, sensors, or 
     processes employed by agencies under paragraphs (1), (5)(C), 
     and (8)(B) of section 3554(b) of title 44, United States 
     Code, as amended by this Act.

     SEC. __16. EXTENSION OF FEDERAL ACQUISITION SECURITY COUNCIL 
                   AND SOFTWARE INVENTORY.

       (a) Extension.--Section 1328 of title 41, United States 
     Code, is amended by striking ``the date that'' and all that 
     follows and inserting ``December 31, 2028.''.
       (b) Extension.--Section 4713(j) of title 41, United States 
     Code, is amended by striking ``the date that'' and all that 
     follows and inserting ``December 31, 2028.''.
       (c) Requirement.--Subsection 1326(b) of title 41, United 
     States Code, is amended--
       (1) in paragraph (5), by striking ``and'' at the end;
       (2) by redesignating paragraph (6) as paragraph (7); and
       (3) by inserting after paragraph (5) the following:
       ``(6) maintaining an up-to-date and accurate inventory of 
     software in use by the agency and, when available and 
     applicable, the components of such software, including any 
     available software bills of materials, as applicable, that 
     will be provided within 30 days of receiving a request from 
     the Federal Acquisition Security Council, the individual 
     serving as the Administrator of the Office of Electronic 
     Government, the National Cyber Director, or the Director of 
     Cybersecurity and Infrastructure Security Agency; and''.

     SEC. __17. EXTENSION OF CHIEF DATA OFFICER COUNCIL.

       Section 3520A(e)(2) of title 44, United States Code, is 
     amended by striking ``upon the expiration of the 2-year 
     period that begins on the date the Comptroller General 
     submits the report under paragraph (1) to Congress'' and 
     inserting ``January 31, 2030''.

     SEC. __18. COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND 
                   EFFICIENCY DASHBOARD.

       (a) Dashboard Required.--Section 11(e) of the Inspector 
     General Act of 1978 (5 U.S.C. App.) is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) by redesignating subparagraph (B) as subparagraph (C);
       (C) by inserting after subparagraph (A) the following:
       ``(B) that shall include a dashboard of open information 
     security recommendations identified in the independent 
     evaluations required by section 3555(a) of title 44, United 
     States Code; and''; and
       (2) by inserting after paragraph (3) the following:
       ``(4) Rule of construction.--Nothing in this subsection 
     shall be construed to require the publication of information 
     that is exempted from disclosure under section 552 of title 
     5, United States Code''.

     SEC. __19. QUANTITATIVE CYBERSECURITY METRICS.

       (a) Definition of Covered Metrics.--In this section, the 
     term ``covered metrics'' means the metrics established, 
     reviewed, and updated under section 224(c) of the 
     Cybersecurity Act of 2015 (6 U.S.C. 1522(c)).
       (b) Updating and Establishing Metrics.--Not later than 1 
     year after the date of enactment of this Act, and as 
     appropriate thereafter, the Director of the Cybersecurity and 
     Infrastructure Security Agency, in coordination with the 
     Director and the National Cyber Director, shall--
       (1) evaluate any covered metrics established as of the date 
     of enactment of this Act; and
       (2) as appropriate and pursuant to section 224(c) of the 
     Cybersecurity Act of 2015 (6 U.S.C. 1522(c)) update or 
     establish new covered metrics.
       (c) Implementation.--
       (1) In general.--Not later than 540 days after the date of 
     enactment of this Act, the Director, in coordination with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, shall promulgate guidance that requires each agency 
     to use covered metrics to track trends in the cybersecurity 
     and incident response capabilities of the agency.
       (2) Performance demonstration.--The guidance issued under 
     paragraph (1) and any subsequent guidance shall require 
     agencies to share with the Director of the Cybersecurity and 
     Infrastructure Security Agency data demonstrating the 
     performance of the agency using the covered metrics included 
     in the guidance.
       (3) Penetration tests.--On not less than 2 occasions during 
     the 2-year period following the date on which guidance is 
     promulgated under paragraph (1), the Director shall ensure 
     that not less than 3 agencies are subjected to substantially 
     similar penetration tests, as determined by the Director, in 
     coordination with the Director of the Cybersecurity and 
     Infrastructure Security Agency, in order to validate the 
     utility of the covered metrics.
       (4) Analysis capacity.--The Director of the Cybersecurity 
     and Infrastructure Security Agency shall develop a capability 
     that allows for the analysis of the covered metrics, 
     including cross-agency performance of agency cybersecurity 
     and incident response capability trends.
       (5) Time-based metric.--With respect the first update or 
     establishment of covered metrics required under subsection 
     (b)(2), the Director of the Cybersecurity and Infrastructure 
     Security Agency shall establish covered metrics that include 
     not less than 2 metrics addressing the time it takes for 
     agencies to identify and respond to incidents.
       (d) Congressional Reports.--Not later than 1 year after the 
     date of enactment of this Act, the Director of the 
     Cybersecurity and Infrastructure Security Agency, in 
     coordination with the Director, shall submit to the 
     appropriate congressional committees a report on the utility 
     and use of the covered metrics.
       (e) Federal Cybersecurity Enhancement Act of 2015 Update.--
     Section 222(3)(B) of the Federal Cybersecurity Enhancement 
     Act of 2015 (6 U.S.C. 1521(3)(B)) is amended by inserting 
     ``and the Committee on Oversight and Reform'' before ``of the 
     House of Representatives.''

     SEC. __20. ESTABLISHMENT OF RISK-BASED BUDGET MODEL.

       (a) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Appropriations of the Senate; 
     and
       (B) the Committee on Oversight and Reform, the Committee on 
     Homeland Security, and the Committee on Appropriations of the 
     House of Representatives.
       (2) Covered agency.--The term ``covered agency'' has the 
     meaning given the term ``executive agency'' in section 133 of 
     title 41, United States Code.
       (3) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (4) Information technology.--The term ``information 
     technology''--
       (A) has the meaning given the term in section 11101 of 
     title 40, United States Code; and
       (B) includes the hardware and software systems of a Federal 
     agency that monitor and control physical equipment and 
     processes of the Federal agency.
       (5) Risk-based budget.--The term ``risk-based budget'' 
     means a budget--
       (A) developed by identifying and prioritizing cybersecurity 
     risks and vulnerabilities, including impact on agency 
     operations in the case of a cyber attack, through analysis of 
     cyber threat intelligence, incident data, and tactics, 
     techniques, procedures, and capabilities of cyber threats; 
     and
       (B) that allocates resources based on the risks identified 
     and prioritized under subparagraph (A).
       (b) Establishment of Risk-based Budget Model.--
       (1) In general.--
       (A) Model.--Not later than 1 year after the first 
     publication of the budget submitted by the President under 
     section 1105 of title 31, United States Code, following the 
     date of enactment of this Act, the Director, in consultation 
     with the Director of the Cybersecurity and Infrastructure 
     Security Agency and the National Cyber Director and in 
     coordination with the Director of the National Institute of 
     Standards and Technology, shall develop a standard model for 
     informing a risk-based budget for cybersecurity spending.
       (B) Responsibility of director.--Section 3553(a) of title 
     44, United States Code, as amended by section __03 of this 
     division, is further amended by inserting after paragraph (6) 
     the following:
       ``(7) developing a standard risk-based budget model to 
     inform Federal agency cybersecurity budget development; 
     and''.
       (C) Contents of model.--The model required to be developed 
     under subparagraph (A) shall utilize appropriate information 
     to evaluate risk, including, as determined appropriate by the 
     Director--
       (i) Federal and non-Federal cyber threat intelligence 
     products, where available, to identify threats, 
     vulnerabilities, and risks;
       (ii) analysis of the impact of agency operations of 
     compromise of systems, including the interconnectivity to 
     other agency systems and the operations of other agencies; 
     and

[[Page S5302]]

       (iii) to the greatest extent practicable, analysis of where 
     resources should be allocated to have the greatest impact on 
     mitigating current and future threats and current and future 
     cybersecurity capabilities.
       (D) Use of model.--The model required to be developed under 
     subparagraph (A) shall be used to--
       (i) inform acquisition and sustainment of--

       (I) information technology and cybersecurity tools;
       (II) information technology and cybersecurity 
     architectures;
       (III) information technology and cybersecurity personnel; 
     and
       (IV) cybersecurity and information technology concepts of 
     operations; and

       (ii) evaluate and inform Government-wide cybersecurity 
     programs.
       (E) Model variation.--The Director may develop multiple 
     models under subparagraph (A) based on different agency 
     characteristics, such as size or cybersecurity maturity.
       (F) Required updates.--Not less frequently than once every 
     3 years, the Director shall review, and update as necessary, 
     the model required to be developed under subparagraph (A).
       (G) Publication.--Not earlier than 5 years after the date 
     on which the model developed under subparagraph (A) is 
     completed, the Director shall, taking into account any 
     classified or sensitive information, publish the model, and 
     any updates necessary under subparagraph (F), on the public 
     website of the Office of Management and Budget.
       (H) Reports.--Not later than 2 years after the first 
     publication of the budget submitted by the President under 
     section 1105 of title 31, United States Code, following the 
     date of enactment of this Act, and annually thereafter for 
     each of the 2 following fiscal years or until the date on 
     which the model required to be developed under subparagraph 
     (A) is completed, whichever is sooner, the Director shall 
     submit to the appropriate congressional committees a report 
     on the development of the model.
       (2) Phased implementation of risk-based budget model.--
       (A) Initial phase.--
       (i) In general.--Not later than 2 years after the date on 
     which the model developed under paragraph (1) is completed, 
     the Director shall require not less than 5 covered agencies 
     to use the model to inform the development of the annual 
     cybersecurity and information technology budget requests of 
     those covered agencies.
       (ii) Briefing.--Not later than 1 year after the date on 
     which the covered agencies selected under clause (i) begin 
     using the model developed under paragraph (1), the Director 
     shall provide to the appropriate congressional committees a 
     briefing on implementation of risk-based budgeting for 
     cybersecurity spending, an assessment of agency 
     implementation, and an evaluation of whether the risk-based 
     budget helps to mitigate cybersecurity vulnerabilities.
       (B) Full deployment.--Not later than 5 years after the date 
     on which the model developed under paragraph (1) is 
     completed, the head of each covered agency shall use the 
     model, or any updated model pursuant to paragraph (1)(F), to 
     the greatest extent practicable, to inform the development of 
     the annual cybersecurity and information technology budget 
     requests of the covered agency.
       (C) Agency performance plans.--
       (i) Amendment.--Section 3554(d)(2) of title 44, United 
     States Code, is amended by inserting ``and the risk-based 
     budget model required under section 3553(a)(7)'' after 
     ``paragraph (1)''.
       (ii) Effective date.--The amendment made by clause (i) 
     shall take effect on the date that is 5 years after the date 
     on which the model developed under paragraph (1) is 
     completed.
       (3) Verification.--
       (A) In general.--Section 1105(a)(35)(A)(i) of title 31, 
     United States Code, is amended--
       (i) in the matter preceding subclause (I), by striking ``by 
     agency, and by initiative area (as determined by the 
     administration)'' and inserting ``and by agency'';
       (ii) in subclause (III), by striking ``and'' at the end; 
     and
       (iii) by adding at the end the following:

       ``(V) a validation that the budgets submitted were informed 
     by using a risk-based methodology; and
       ``(VI) a report on the progress of each agency on closing 
     recommendations identified under the independent evaluation 
     required by section 3555(a)(1) of title 44.''.

       (B) Effective date.--The amendments made by subparagraph 
     (A) shall take effect on the date that is 5 years after the 
     date on which the model developed under paragraph (1) is 
     completed.
       (4) Reports.--
       (A) Independent evaluation.--Section 3555(a)(2) of title 
     44, United States Code, is amended--
       (i) in subparagraph (B), by striking ``and'' at the end;
       (ii) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(D) an assessment of how the agency was informed by the 
     risk-based budget model required under section 3553(a)(7) and 
     an evaluation of whether the model mitigates agency cyber 
     vulnerabilities.''.
       (B) Assessment.--
       (i) Amendment.--Section 3553(c) of title 44, United States 
     Code, as amended by section __03 of this division, is further 
     amended by inserting after paragraph (5) the following:
       ``(6) an assessment of--
       ``(A) Federal agency utilization of the model required 
     under subsection (a)(7); and
       ``(B) whether the model mitigates the cyber vulnerabilities 
     of the Federal Government.''.
       (ii) Effective date.--The amendment made by clause (i) 
     shall take effect on the date that is 5 years after the date 
     on which the model developed under paragraph (1) is 
     completed.
       (5) GAO report.--Not later than 3 years after the date on 
     which the first budget of the President is submitted to 
     Congress containing the validation required under section 
     1105(a)(35)(A)(i)(V) of title 31, United States Code, as 
     amended by paragraph (3), the Comptroller General of the 
     United States shall submit to the appropriate congressional 
     committees a report that includes--
       (A) an evaluation of the success of covered agencies in 
     utilizing the risk-based budget model;
       (B) an evaluation of the success of covered agencies in 
     implementing risk-based budgets;
       (C) an evaluation of whether the risk-based budgets 
     developed by covered agencies are effective at informing 
     Federal Government-wide cybersecurity programs; and
       (D) any other information relating to risk-based budgets 
     the Comptroller General determines appropriate.

     SEC. __21. ACTIVE CYBER DEFENSIVE STUDY.

       (a) Definition.--In this section, the term ``active defense 
     technique''--
       (1) has the meaning given the term by the Director of the 
     Cybersecurity and Infrastructure Security Agency, in 
     coordination with the Director, the Attorney General, and the 
     heads of other appropriate agencies; and
       (2) includes, at a minimum--
       (A) an action taken on the systems of an entity to increase 
     the security of information on the network of an agency by 
     misleading an adversary; and
       (B) a honeypot, deception, or purposefully feeding false or 
     misleading data to an adversary when the adversary is on the 
     systems of the entity.
       (b) Study.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the Cybersecurity and 
     Infrastructure Security Agency, in coordination with the 
     Director and the National Cyber Director, shall perform a 
     study, and submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committees on 
     Oversight and Reform and Homeland Security of the House of 
     Representatives a report, on the use of active defense 
     techniques to enhance the security of agencies, which shall 
     include--
       (1) a review of legal restrictions on the use of different 
     active cyber defense techniques in Federal environments, in 
     consultation with the Attorney General;
       (2) an evaluation of--
       (A) the efficacy of a selection of active defense 
     techniques determined by the Director of the Cybersecurity 
     and Infrastructure Security Agency; and
       (B) factors that impact the efficacy of the active defense 
     techniques evaluated under subparagraph (A);
       (3) recommendations on safeguards and procedures that shall 
     be established to require that active defense techniques are 
     adequately coordinated to ensure that active defense 
     techniques do not impede agency operations and mission 
     delivery, threat response efforts, criminal investigations, 
     and national security activities, including intelligence 
     collection; and
       (4) the development of a framework for the use of different 
     active defense techniques by agencies.

     SEC. __22. SECURITY OPERATIONS CENTER AS A SERVICE PILOT.

       (a) Purpose.--The purpose of this section is for the 
     Cybersecurity and Infrastructure Security Agency to run a 
     security operation center on behalf of another agency, 
     alleviating the need to duplicate this function at every 
     agency, and empowering a greater centralized cybersecurity 
     capability.
       (b) Plan.--Not later than 1 year after the date of 
     enactment of this Act, the Director of the Cybersecurity and 
     Infrastructure Security Agency shall develop a plan to 
     establish a centralized Federal security operations center 
     shared service offering within the Cybersecurity and 
     Infrastructure Security Agency.
       (c) Contents.--The plan required under subsection (b) shall 
     include considerations for--
       (1) collecting, organizing, and analyzing agency 
     information system data in real time, including endpoint 
     detection and response capabilities;
       (2) staffing and resources; and
       (3) appropriate interagency agreements, concepts of 
     operations, and governance plans, including alignment with 
     existing shared services operations and policy.
       (d) Pilot Program.--
       (1) In general.--Not later than 180 days after the date on 
     which the plan required under subsection (b) is developed, 
     the Director of the Cybersecurity and Infrastructure Security 
     Agency, in consultation with the Director, shall enter into a 
     1-year agreement with not less than 2 agencies to offer a 
     security operations center as a shared service.
       (2) Additional agreements.--After the date on which the 
     briefing required under subsection (e)(1) is provided, the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, in consultation with the Director, may enter into 
     additional 1-year agreements described in paragraph (1) with 
     agencies.

[[Page S5303]]

       (e) Briefing and Report.--
       (1) Briefing.--Not later than 270 days after the date of 
     enactment of this Act, the Director of the Cybersecurity and 
     Infrastructure Security Agency shall provide to the Committee 
     on Homeland Security and Governmental Affairs of the Senate 
     and the Committee on Homeland Security and the Committee on 
     Oversight and Reform of the House of Representatives a 
     briefing on the parameters of any 1-year agreements entered 
     into under subsection (d)(1).
       (2) Report.--Not later than 90 days after the date on which 
     the first 1-year agreement entered into under subsection (d) 
     expires, the Director of the Cybersecurity and Infrastructure 
     Security Agency shall submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security and the Committee on Oversight 
     and Reform of the House of Representatives a report on--
       (A) the agreement; and
       (B) any additional agreements entered into with agencies 
     under subsection (d).

     SEC. __23. FEDERAL CYBERSECURITY REQUIREMENTS.

       (a) Exemption From Federal Requirements.--Section 225(b)(2) 
     of the Federal Cybersecurity Enhancement Act of 2015 (6 
     U.S.C. 1523(b)(2)) is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Duration of certification.--
       ``(A) In general.--A certification and corresponding 
     exemption of an agency under paragraph (2) shall expire on 
     the date that is 4 years after the date on which the head of 
     the agency submits the certification under paragraph (2)(A).
       ``(B) Renewal.--Upon the expiration of a certification of 
     an agency under paragraph (2), the head of the agency may 
     submit an additional certification in accordance with that 
     paragraph.''.
       (b) Report on Exemptions.--Section 3554(c)(1) of title 44, 
     United States Code, as amended by section __03(c) of this 
     division, is amended--
       (1) in subparagraph (C), by striking ``and'' at the end;
       (2) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(E) with respect to any exemption from the requirements 
     of section 225(b)(2) of the Federal Cybersecurity Enhancement 
     Act of 2015 (6 U.S.C. 1523(b)(2)) that is effective on the 
     date of submission of the report, the number of agency 
     information systems that have received an exemption from 
     those requirements.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 1 year after the date 
     of enactment of this Act.
                                 ______
                                 
  SA 5816. Ms. MURKOWSKI (for herself and Mr. King) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:
       At the end of subtitle G of title X, add the following:

     SEC. 1077. ARCTIC SHIPPING FEDERAL ADVISORY COMMITTEE.

       (a) Establishment.--Not later than 30 days after the date 
     of the enactment of this Act, the Secretary of Transportation 
     shall establish the Arctic Shipping Federal Advisory 
     Committee, as required in section 8426 of the Elijah E. 
     Cummings Coast Guard Authorization Act of 2020 (division G of 
     Public Law 116-283).
       (b) Funding.--The Secretary of Transportation shall make 
     available to the Arctic Shipping Advisory Committee, from 
     amounts appropriated to the Office of the Secretary of 
     Transportation, such funds as may be necessary for the 
     operation and sustainment of the Committee.
                                 ______
                                 
  SA 5817. Ms. MURKOWSKI (for herself and Mr. King) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:
       At the end of subtitle G of title X, add the following:

     SEC. 1077. AMENDMENTS TO THE ARCTIC RESEARCH AND POLICY ACT 
                   OF 1984.

       (a) Findings and Purposes.--Section 102(a) of the Arctic 
     Research and Policy Act of 1984 (15 U.S.C. 4101(a)) is 
     amended--
       (1) in paragraph (2), by inserting ``and homeland'' after 
     ``national'';
       (2) by redesignating paragraphs (5) through (17) as 
     paragraphs (6) through (18), respectively;
       (3) by striking paragraph (4) and inserting the following:
       ``(4) Changing Arctic conditions directly affect global 
     weather and climate patterns and must be better understood--
       ``(A) to promote better agricultural management throughout 
     the United States; and
       ``(B) to address the myriad of impacts, challenges, and 
     opportunities brought about by such change.
       ``(5) Since a rapidly changing climate will reshape the 
     economic, social, cultural, political, environmental, and 
     security landscape of the Arctic region, sustained, robust, 
     coordinated, reliable, appropriately funded, and dependable 
     Arctic research is required to inform and influence sound 
     domestic and international Arctic policy.''; and
       (4) in paragraph (6), as redesignated, by inserting ``and 
     climate'' after ``weather''.
       (b) Arctic Research Commission.--Section 103 of the Arctic 
     Research and Policy Act of 1984 (15 U.S.C. 4102) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)(B)--
       (i) by striking ``who are'' and inserting ``who is a''; and
       (ii) by striking ``who live in areas'' and inserting ``who 
     live in an area'';
       (B) in paragraph (2), by striking ``chairperson'' and 
     inserting ``Chair''; and
       (2) in subsection (d)--
       (A) in paragraph (1)--
       (i) by inserting ``or her'' after ``his''; and
       (ii) by inserting ``, or in the case of the Chair, not to 
     exceed 120 days of service each year'' after ``year''; and
       (B) in paragraph (2), by striking ``Chairman'' and 
     inserting ``Chair''.
       (c) Administration of the Commission.--Section 106(4) of 
     the Arctic Research and Policy Act of 1984 (15 U.S.C. 
     4105(4)) is amended--
       (1) by inserting ``, and other Federal Government entities, 
     as appropriate,'' after ``with the General Services 
     Administration''; and
       (2) by inserting ``, or the heads of other Federal 
     Government entities, as appropriate,'' before the semicolon.
       (d) Interagency Arctic Research Policy Committee.--Section 
     107(b)(2) of the Arctic Research and Policy Act of 1984 (15 
     U.S.C. 4106(b)(2)) is amended--
       (1) by redesignating subparagraph (L) as subparagraph (O); 
     and
       (2) in subparagraph (K), by striking ``and'' at the end; 
     and
       (3) by inserting after subparagraph (K) the following:
       ``(L) the Department of Agriculture;
       ``(M) the Marine Mammal Commission;
       ``(N) the Denali Commission; and''.
       (e) 5-year Arctic Research Plan.--Section 109(a) of the 
     Arctic Research and Policy Act of 1984 (15 U.S.C. 4108(a)) is 
     amended by striking ``The Plan'' and inserting 
     ``Notwithstanding section 3003 of the Federal Reports 
     Elimination and Sunset Act of 1995 (Public Law 104-66), the 
     Plan''.
                                 ______
                                 
  SA 5818. Ms. MURKOWSKI (for herself and Mr. King) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1064. REPORT ON ESTABLISHING PRESENCE OF NAVY OR COAST 
                   GUARD IN THE UNITED STATES ARCTIC.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Commandant of the Coast Guard 
     and the Chief of Naval Operations shall jointly submit a 
     report to the appropriate committees of Congress that--
       (1) describes the requirements necessary to establish, and 
     the feasibility of establishing, a year-round presence of the 
     Navy and the Coast Guard in the Arctic region at--
       (A) the Port of Nome;
       (B) the natural deepwater port of Unalaska;
       (C) the former Coast Guard Station at Port Clarence;
       (D) Point Spencer (as defined in section 532 of the 
     Pribilof Island Transition Completion Act of 2015 (subtitle B 
     of title V of Public Law 114-120));
       (E) the port on Saint George Island in the Bering Sea;
       (F) the Port of Adak;
       (G) Cape Blossom;
       (H) Southeast Alaska;
       (I) ports in the Northeastern United States including 
     Eastport, Searsport, and Portland; and
       (J) any other deepwater port that the Commandant determines 
     would facilitate such a presence in the places described in 
     subparagraphs (A) through (I); and
       (2) provides an estimate of the costs of implementing the 
     requirements described in paragraph (1), after taking into 
     account the costs of constructing the onshore infrastructure 
     that will be required to support year-

[[Page S5304]]

     round maritime operations in the vicinity of the Bering Sea 
     and the Arctic region.
       (b) Port Development Requirements.--The port development 
     requirements described in the report submitted under 
     subsection (a) shall include a range of options, including--
       (1) scalable and non-scalable;
       (2) austere facilities such as moorings with austere port 
     facilities,
       (3) pier space without services such as refuel and resupply 
     (to include water, sewage removal, and food); and
       (4) pier space that includes services such as the ability 
     to refuel and resupply (to include water, sewage removal, and 
     food).
       (c) Appropriate Committees of Congress.--In this section, 
     the term ``appropriate committees of Congress'' means--
       (1) the congressional defense committees;
       (2) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (3) the Committee on Foreign Relations of the Senate;
       (4) the Committee on Energy and Natural Resources of the 
     Senate;
       (5) the Committee on Commerce, Science, and Transportation 
     of the Senate
       (6) the Committee on Homeland Security of the House of 
     Representatives;
       (7) the Committee on Foreign Affairs of the House of 
     Representatives;
       (8) the Committee on Energy and Commerce of the House of 
     Representatives; and
       (9) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
                                 ______
                                 
  SA 5819. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 632. EXPANSION OF COMMISSARY STORE DOORSTOP DELIVERY 
                   PILOT PROGRAM.

       The Director of the Defense Commissary Agency shall expand 
     the doorstop delivery pilot program for grocery delivery from 
     commissary stores to include States outside the continental 
     United States, giving priority to locations that--
       (1) are in remote locations; and
       (2) face long winters and periods of darkness.
                                 ______
                                 
  SA 5820. Ms. MURKOWSKI (for herself and Mr. King) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1064. REPORT ON ELIMINATING THE RUSSIAN MONOPOLY ON 
                   ARCTIC SHIPPING.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Committee on the Maritime 
     Transportation System, in coordination with the Arctic 
     Shipping Federal Advisory Committee, shall submit a report to 
     the appropriate committees of Congress that--
       (1) describes the control and influence of the Russian 
     Federation on shipping in the Arctic region;
       (2) analyzes the effect of such control and influence on 
     ongoing efforts to increase the presence, capacity, and 
     volume of United States shipping in the Arctic region; and
       (3) includes a plan for eliminating the Russian monopoly on 
     shipping in the Arctic region to enable an increase United 
     States' presence in the Arctic shipping domain.
       (b) Appropriate Committees of Congress.--In this section, 
     the term ``appropriate committees of Congress'' means--
       (1) the Committee on Armed Services of the Senate;
       (2) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (3) the Committee on Foreign Relations of the Senate;
       (4) the Committee on Energy and Natural Resources of the 
     Senate;
       (5) the Committee on Armed Services of the House of 
     Representatives;
       (6) the Committee on Homeland Security of the House of 
     Representatives;
       (7) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (8) the Committee on Energy and Commerce of the House of 
     Representatives.
                                 ______
                                 
  SA 5821. Ms. MURKOWSKI (for herself and Mr. King) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1064. CROSSCUT REPORT ON ARCTIC RESEARCH PROGRAMS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Director of the Office of Management and Budget shall submit 
     a detailed report to Congress regarding all existing Federal 
     programs relating to Arctic research, including--
       (1) the goals of each such program;
       (2) the funding levels for each such program for each of 
     the 5 immediately preceding fiscal years;
       (3) the anticipated funding levels for each such program 
     for each of the 5 following fiscal years; and
       (4) the total funding appropriated for the current fiscal 
     year for such programs.
       (b) Distribution.--Not later than 3 days after submitting 
     the report to Congress pursuant to subsection (a), the 
     Director of the Office of Management and Budget shall submit 
     a copy of the report to the National Science Foundation, the 
     United States Arctic Research Commission, and the Office of 
     Science and Technology Policy.
                                 ______
                                 
  SA 5822. Ms. MURKOWSKI (for herself and Mr. King) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1276. AMBASSADOR-AT-LARGE FOR THE ARCTIC REGION.

       Title I of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a et seq.) is amended by adding at the 
     end the following new section:

     ``SEC. 64. UNITED STATES AMBASSADOR-AT-LARGE FOR THE ARCTIC 
                   REGION.

       ``(a) Establishment.--There is authorized within the 
     Department of State an Ambassador-at-Large for the Arctic 
     Region, appointed under subsection (b).
       ``(b) Appointment.--The Ambassador shall be appointed by 
     the President, by, and with the advice and consent of the 
     Senate.
       ``(c) Duties.--The Ambassador is authorized to represent 
     the United States in matters and cases relevant to Arctic 
     affairs and shall be responsible to the Secretary of State 
     for all matters, programs, and related activities pertaining 
     to the Arctic region in the conduct of foreign policy by the 
     Department, including, as appropriate, leading the 
     coordination of programs carried out by United States 
     Government agencies abroad, and such other related duties as 
     the Secretary may from time to time designate.
       ``(d) Areas of Responsibility.--The Ambassador-at-Large for 
     the Arctic Region is authorized to maintain continuous 
     observation and coordination of all matters indicated by the 
     Secretary of State, including those pertaining to energy, 
     environment, trade, and infrastructure development and 
     maintenance, and, in consultation with the heads of other 
     relevant departments and agencies, those pertaining to law 
     enforcement and political-military affairs in the conduct of 
     foreign policy in the Arctic, including programs carried out 
     by other United States Government agencies when such programs 
     pertain to the following matters, to the extent directed by 
     the Secretary of State:
       ``(1) National security.
       ``(2) Strengthening cooperation among Arctic countries.
       ``(3) The promotion of responsible natural resource 
     management and economic development.
       ``(4) Protecting the Arctic environment and conserving its 
     biological resources.
       ``(5) Arctic indigenous peoples, including by involving 
     them in decisions that affect them.
       ``(6) Scientific monitoring and research.
       ``(e) Additional Duties.--In addition to the duties and 
     responsibilities specified in subsections (c) and (d), the 
     Ambassador-at-Large for the Arctic Region shall also carry 
     out such other relevant duties as the Secretary may assign.
       ``(f) Definitions.--In this section:
       ``(1) Arctic region.--The term `Arctic region' means--
       ``(A) the geographic region north of the 66.56083 parallel 
     latitude north of the equator;
       ``(B) all the United States territory north and west of the 
     boundary formed by the Porcupine, Yukon, and Kuskokwim 
     Rivers;

[[Page S5305]]

       ``(C) all contiguous seas, including the Arctic Ocean and 
     the Beaufort, Bering, and Chukchi Seas; and
       ``(D) the Aleutian Chain.
       ``(2) Arctic countries.--The term `Arctic countries' means 
     the permanent members of the Arctic Council, namely the 
     United States, Canada, Denmark, Iceland, Norway, Sweden, 
     Finland, and Russia.''.
                                 ______
                                 
  SA 5823. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title VI, add the following:

                Subtitle E--Don Young Arctic Warrior Act

     SEC. 641. SHORT TITLE.

       This subtitle may be cited as the ``Don Young Arctic 
     Warrior Act''.

     SEC. 642. SPECIAL PAY AND ALLOWANCES FOR CERTAIN MEMBERS OF 
                   THE ARMED FORCES ASSIGNED TO COLD WEATHER 
                   OPERATIONS.

       (a) Special Pay.--
       (1) Establishment.--Subchapter II of chapter 5 of title 37, 
     United States Code, is amended by inserting after section 336 
     the following new section:

     ``Sec. 337. Special pay: members of the armed forces assigned 
       to cold weather operations

       ``(a) Special Pay Authorized.--The Secretary concerned 
     shall pay monthly special pay (to be known as `arctic pay') 
     to a member of the armed forces--
       ``(1) assigned to perform cold weather operations; or
       ``(2) required to maintain proficiency through frequent 
     operations in cold weather.
       ``(b) Amount of Pay.--Special pay under this section shall 
     equal $300 per month.
       ``(c) Relationship to Other Pay or Allowances.--Special pay 
     under this section is in addition to any other pay or 
     allowance to which a member is entitled.
       ``(d) Sunset.--No special pay may be paid under this 
     section after December 31, 2023.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 336 the following:

``337. Special pay: members of the armed forces assigned to cold 
              weather operations.''.
       (3) Regulations.--The Secretary of Defense shall prescribe 
     regulations for the payment of arctic pay under section 337 
     of such title, as added by paragraph (1).
       (b) Allowance for Broadband.--
       (1) Establishment.--Chapter 7 of title 37, United States 
     Code, is amended by inserting after section 425 the following 
     new section:

     ``Sec. 426. Allowance for broadband for certain members of 
       the armed forces assigned to permanent duty stations in 
       Alaska

       ``(a) Allowance Authorized.--The Secretary concerned shall 
     pay, to a member of the armed forces in the grade of E-5 or 
     below who is assigned to a permanent duty station in Alaska, 
     a monthly allowance for broadband.
       ``(b) Amount.--The monthly allowance to a member under this 
     section shall be--
       ``(1) $125 during calendar year 2023; and
       ``(2) in subsequent calendar years, an amount determined by 
     the Secretary of Defense based on the difference between the 
     average costs of unlimited broadband plans in Alaska and in 
     the continental United States.
       ``(c) Sunset.--No allowance may be paid under this section 
     after December 31, 2028.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 425 the following:

``426. Allowance for broadband for certain members of the armed forces 
              assigned to permanent duty stations in Alaska.''.
       (3) Effective date.--Section 426 of such title, as added by 
     paragraph (1), shall take effect on the day the Secretary of 
     Defense prescribes regulations under paragraph (4).
       (4) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     prescribe regulations to carry out section 426 of such title, 
     as added by paragraph (1).
       (5) Report.--Not later than December 31, 2027, the 
     Secretary of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report containing--
       (A) the evaluation of the Secretary of the allowance under 
     section 426 of such title, as added by paragraph (1); and
       (B) any recommendation of the Secretary regarding whether 
     such allowance should be amended, extended, or made 
     permanent.
       (c) Travel and Transportation Allowance.--
       (1) Entitlement.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     prescribe regulations and guidance to provide a member of the 
     Armed Forces in the grade of E-5 or below who is assigned to 
     a permanent duty station in Alaska to a one-time allowance 
     for air travel for the member and dependents of such member.
       (2) Amounts.--
       (A) Travel to permanent residence.--If the air travel for 
     which an allowance under paragraph (1) is paid to a member is 
     to the permanent residence of the member, the amount of the 
     allowance shall equal the total costs of such air travel.
       (B) Travel to other destinations.--If the air travel for 
     which an allowance under paragraph (1) is paid to a member is 
     to a destination in the United States other than the 
     permanent residence of the member, the amount of the 
     allowance shall be equal to the lesser of the following:
       (i) The rate for such air travel under the City Pair 
     Program of the General Services Administration (or successor 
     program) in effect at the time of such air travel.
       (ii) The actual costs of such air travel.
       (3) Timing.--Air travel for which an allowance under 
     paragraph (1) is paid to a member may not commence later than 
     30 months after the member is assigned to a permanent duty 
     station in Alaska.
       (4) Additional authorization.--The Secretary concerned (as 
     defined in section 101 of title 37, United States Code) may 
     authorize an additional allowance for a member who has used 
     the allowance to which such member is entitled under 
     paragraph (1).

     SEC. 643. PILOT PROGRAM ON CAR SHARING ON REMOTE MILITARY 
                   INSTALLATIONS.

       (a) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     carry out a pilot program to allow car sharing at military 
     installations in Alaska.
       (b) Program Elements.--To carry out the pilot program under 
     this section, the Secretary shall take steps including the 
     following:
       (1) Seek to enter into an agreement with an entity that--
       (A) provides car sharing services; and
       (B) is capable of serving all military installations in 
     Alaska.
       (2) Provide to members assigned to such installations the 
     resources the Secretary determines necessary to participate 
     in such pilot program.
       (3) Promote such pilot program to such members.
       (c) Implementation Plan.--Not later than 90 days after the 
     date the Secretary enters into an agreement under subsection 
     (b)(1), the Secretary shall submit to the congressional 
     defense committees an implementation plan established to 
     carry out the pilot program.
       (d) Duration.--the pilot program under this section shall 
     terminate two years after the Secretary commences such pilot 
     program.
       (e) Report.--Upon the termination of the pilot program 
     under this section, the Secretary of Defense shall submit to 
     the congressional defense committees a report containing the 
     following information:
       (1) The number of individuals who used car sharing services 
     offered pursuant to the pilot program.
       (2) The cost to the Department of Defense of the pilot 
     program.
       (3) An analysis of the effect of the pilot program on 
     mental health and community connectedness of members 
     described in subsection (b)(2).
       (4) Other information the Secretary determines appropriate.
       (f) Definitions.--In this section:
       (1) Congressional defense committees.--The term 
     ``congressional defense committees'' has the meaning given 
     that term in section 101(a) of title 10, United States Code.
       (2) Military installation.--The term ``military 
     installation'' has the meaning given that term in section 
     2801 of title 10, United States Code.

     SEC. 644. CLARIFICATION REGARDING LICENSURE REQUIREMENTS FOR 
                   PROVISION OF NON-MEDICAL COUNSELING SERVICES BY 
                   CERTAIN HEALTH-CARE PROFESSIONALS.

       Section 1094 of title 10, United States Code is amended--
       (1) in subsection (d)(1), by inserting ``, including by 
     providing non-medical counseling services in connection with 
     such practice,'' after ``the health profession or professions 
     of the health-care professional''; and
       (2) in subsection (e), by adding at the end the following 
     new paragraph:
       ``(3) The term `non-medical counseling'--
       ``(A) means short-term, non-therapeutic counseling that is 
     not an appropriate substitute for individuals in need of 
     clinical therapy; and
       ``(B) includes counseling that is supportive in nature and 
     addresses issues such as general conditions of living, life 
     skills, improving relationships at home and at work, stress 
     management, adjustment issues (such as those related to 
     returning from a deployment), marital problems, parenting, 
     and grief and loss.''.

     SEC. 645. IMPROVEMENTS RELATING TO BEHAVIORAL HEALTH CARE 
                   AVAILABLE UNDER MILITARY HEALTH SYSTEM.

       (a) Expansion of Certain Behavioral Health Programs at the 
     Uniformed Services University of the Health Sciences.--
       (1) Establishment of graduate programs.--The Secretary of 
     Defense shall establish graduate degree-granting programs in 
     counseling and social work at the Uniformed Services 
     University of the Health Sciences.
       (2) Expansion of clinical psychology graduate program.--The 
     Secretary of Defense shall take such steps as may be 
     necessary to expand the clinical psychology

[[Page S5306]]

     graduate program of the Uniformed Services University of the 
     Health Sciences.
       (3) Post-award employment obligation.--
       (A) Agreement with secretary.--Subject to subparagraph (B), 
     as a condition of enrolling in a degree-granting program in 
     clinical psychology, social work, or counseling at the 
     Uniformed Services University of the Health Sciences, a 
     civilian student shall enter into an agreement with the 
     Secretary of Defense pursuant to which the student agrees 
     that, if the student does not become a member of a uniformed 
     service upon graduating such program, the student shall work 
     on a full-time basis as a covered civilian behavioral health 
     provider for a period that is at least equivalent to the 
     period during which the student was enrolled in such program.
       (B) Other terms and conditions.--An agreement entered into 
     pursuant to subparagraph (A) may include such other terms and 
     conditions as the Secretary of Defense may determine 
     necessary to protect the interests of the United States or 
     otherwise appropriate for purposes of this section, including 
     terms and conditions providing for limited exceptions from 
     the employment obligation specified in such subparagraph.
       (C) Repayment.--
       (i) In general.--A civilian graduate who does not complete 
     the employment obligation required under the agreement 
     entered into pursuant to subparagraph (A) shall repay to the 
     Secretary of Defense a prorated portion of the cost of 
     attendance in the program described in such subparagraph that 
     are paid by the Secretary on behalf of the civilian graduate.
       (ii) Determination of amount.--The amount of any repayment 
     required under clause (i) shall be determined by the 
     Secretary.
       (D) Applicability.--This paragraph shall apply to civilian 
     students who enroll in the first year of a degree-granting 
     program in clinical psychology, social work, or counseling at 
     the Uniformed Services University of the Health Sciences on 
     or after the date of the enactment of this Act.
       (4) Implementation plan.--
       (A) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a plan for the 
     implementation of this subsection.
       (B) Elements.--The plan required by subparagraph (A) shall 
     include--
       (i) a determination as to the resources for personnel and 
     facilities required for the implementation of this 
     subsection;
       (ii) estimated timelines for such implementation; and
       (iii) a projection of the number of graduates from the 
     programs specified in paragraph (1) upon the completion of 
     such implementation.
       (b) Scholarship-for-Service Program for Civilian Behavioral 
     Health Providers.--
       (1) In general.--Beginning not later than two years after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall carry out a program under which--
       (A) the Secretary may provide--
       (i) direct grants to cover tuition, fees, living expenses, 
     and any other cost of attendance at an institution of higher 
     education to an individual enrolled in a program of study 
     leading to a graduate degree in clinical psychology, social 
     work, counseling, or a related field (as determined by the 
     Secretary); and
       (ii) student loan repayment assistance to a credentialed 
     behavioral health provider who has a graduate degree in 
     clinical psychology, social work, counseling, or a related 
     field (as determined by the Secretary); and
       (B) in exchange for such assistance, the recipient shall 
     commit to work as a covered civilian behavioral health 
     provider in accordance with paragraph (2).
       (2) Post-award employment obligations.--
       (A) In general.--Subject to subparagraph (B), as a 
     condition of receiving assistance under paragraph (1), the 
     recipient of such assistance shall enter into an agreement 
     with the Secretary of Defense pursuant to which the recipient 
     agrees to work on a full-time basis as a covered civilian 
     behavioral health provider for a period that is at least 
     equivalent to the period during which the recipient received 
     assistance under such paragraph.
       (B) Other terms and conditions.--An agreement entered into 
     pursuant to subparagraph (A) may include such other terms and 
     conditions as the Secretary of Defense may determine 
     necessary to protect the interests of the United States or 
     otherwise appropriate for purposes of this section, including 
     terms and conditions providing for limited exceptions from 
     the post-award employment obligation specified in such 
     subparagraph.
       (3) Repayment.--
       (A) In general.--An individual who receives assistance 
     under paragraph (1) and does not complete the employment 
     obligation required under the agreement entered into pursuant 
     to paragraph (2) shall repay to the Secretary of Defense a 
     prorated portion of the financial assistance received by the 
     individual under paragraph (1).
       (B) Determination of amount.--The amount of any repayment 
     required under subparagraph (A) shall be determined by the 
     Secretary.
       (4) Implementation plan.--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 plan 
     for the implementation of this subsection.
       (c) Internship Programs for Civilian Behavioral Health.--
       (1) Establishment of programs.--The Secretary of Defense 
     shall establish paid pre-doctoral and post-doctoral 
     internship programs for the purpose of training clinical 
     psychologists to work as covered civilian behavioral health 
     providers.
       (2) Employment obligation.--
       (A) In general.--Subject to subparagraph (B), as a 
     condition of participating in an internship program under 
     paragraph (1), an individual shall enter into an agreement 
     with the Secretary of Defense pursuant to which the 
     individual agrees to work on a full-time basis as a covered 
     civilian behavioral health provider for a period that is at 
     least equivalent to the period of participation by the 
     individual in such internship program.
       (B) Other terms and conditions.--An agreement entered into 
     pursuant to subparagraph (A) may include such other terms and 
     conditions as the Secretary of Defense may determine 
     necessary to protect the interests of the United States or 
     otherwise appropriate for purposes of this section, including 
     terms and conditions providing for limited exceptions from 
     the employment obligation specified in such subparagraph.
       (3) Repayment.--
       (A) In general.--An individual who participates in an 
     internship program under paragraph (1) and does not complete 
     the employment obligation required under the agreement 
     entered into pursuant to paragraph (2) shall repay to the 
     Secretary of Defense a prorated portion of the cost of 
     administering such program with respect to such individual 
     and of any payment received by the individual under such 
     program.
       (B) Determination of amount.--The amount of any repayment 
     required under subparagraph (A) shall be determined by the 
     Secretary.
       (4) Implementation plan.--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 plan 
     for the implementation of this subsection.
       (d) Retention Bonuses for Certain Behavioral Health 
     Providers.--
       (1) Retention bonus.--From amounts available in the 
     Department of Defense Civilian Workforce Incentive Fund 
     established under section 9902(a)(3) of title 5, United 
     States Code, the Secretary of Defense may pay an incentive 
     payment of not more than $50,000 annually per employee to 
     employees described in paragraph (2) for the purposes of 
     retaining such employees.
       (2) Eligible recipients of bonus.--Employees described in 
     this paragraph are covered civilian behavioral health 
     providers in the following professions:
       (A) Clinical psychologists.
       (B) Social workers.
       (C) Counselors.
       (e) Report on Behavioral Health Workforce.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     conduct an analysis of the behavioral health workforce under 
     the direct care component of the TRICARE program and submit 
     to the congressional defense committees a report containing 
     the results of such analysis.
       (2) Elements.--The report required under paragraph (1) 
     shall include, with respect to the workforce specified in 
     such paragraph, the following:
       (A) The number of positions authorized for military 
     behavioral health providers within such workforce, and the 
     number of such positions filled, disaggregated by the 
     professions described in paragraph (3).
       (B) The number of positions authorized for civilian 
     behavioral health providers within such workforce, and the 
     number of such positions filled, disaggregated by the 
     professions described in paragraph (3).
       (C) For each military department, the ratio of military 
     behavioral health providers assigned to military medical 
     treatment facilities compared to civilian behavioral health 
     providers so assigned, disaggregated by the professions 
     described in paragraph (3).
       (D) For each military department, the number of military 
     behavioral health providers authorized to be embedded within 
     an operational unit, and the number of such positions filled, 
     disaggregated by the professions described in paragraph (3).
       (E) Data on the historical demand for behavioral health 
     services by members of the Armed Forces.
       (F) An estimate of the number of health care providers 
     necessary to meet the demand by such members for behavioral 
     health services under the direct care component of the 
     TRICARE program, disaggregated by provider type.
       (G) An identification of any shortfall between the 
     estimated number under subparagraph (F) and the total number 
     of positions for behavioral health providers filled within 
     such workforce.
       (H) Such other information as the Secretary may determine 
     appropriate.
       (3) Provider types.--The professions described in this 
     paragraph are as follows:
       (A) Clinical psychologists.
       (B) Social workers.
       (C) Counselors.
       (D) Such other professions as the Secretary may determine 
     appropriate.
       (f) Plan To Address Shortfalls in Behavioral Health 
     Workforce.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the

[[Page S5307]]

     congressional defense committees a plan to address any 
     shortfall of the behavioral health workforce identified under 
     subsection (e)(2)(G).
       (2) Elements.--The plan required by paragraph (1) shall--
       (A) address, with respect to any shortfall of military 
     behavioral health providers (addressed separately with 
     respect to such providers assigned to military medical 
     treatment facilities and such providers assigned to be 
     embedded within operational units)--
       (i) recruitment;
       (ii) accession;
       (iii) retention;
       (iv) special pay and other aspects of compensation;
       (v) workload;
       (vi) the role of the Uniformed Services University of the 
     Health Sciences and the Armed Forces Health Professions 
     Scholarship Program under chapter 105 of title 10, United 
     States Code;
       (vii) any additional authorities or resources necessary for 
     the Secretary to increase the number of such providers; and
       (viii) such other considerations as the Secretary may 
     consider appropriate;
       (B) address, with respect to any shortfall of civilian 
     behavioral health providers--
       (i) recruitment;
       (ii) hiring;
       (iii) retention;
       (iv) pay and benefits;
       (v) workload;
       (vi) educational scholarship programs;
       (vii) any additional authorities or resources necessary for 
     the Secretary to increase the number of such providers; and
       (viii) such other considerations as the Secretary may 
     consider appropriate;
       (C) recommend whether the number of military behavioral 
     health providers in each military department should be 
     increased, and if so, by how many;
       (D) include a plan to expand access to behavioral health 
     services under the military health system through the use of 
     telehealth;
       (E) include a plan by each military department to allocate 
     additional uniformed mental health providers in military 
     medical treatment facilities at remote installations; and
       (F) assess the feasibility of hiring civilian mental health 
     providers at remote installations to augment the provision of 
     mental health care services by uniformed mental health 
     providers.
       (g) Definitions.--In this section:
       (1) Armed forces; congressional defense committees.--The 
     terms ``Armed Forces'' and ``congressional defense 
     committees'' have the meanings given those terms in section 
     101 of title 10, United States Code.
       (2) Behavioral health.--The term ``behavioral health'' 
     includes psychiatry, clinical psychology, social work, 
     counseling, and related fields.
       (3) Civilian behavioral health provider.--The term 
     ``civilian behavioral health provider'' means a behavioral 
     health provider who is a civilian employee of the Department 
     of Defense.
       (4) Cost of attendance.--The term ``cost of attendance'' 
     has the meaning given that term in section 472 of the Higher 
     Education Act of 1965 (20 U.S.C. 1087ll).
       (5) Covered civilian behavioral health provider.--The term 
     ``covered civilian behavioral health provider'' means a 
     civilian behavioral health provider whose employment by the 
     Secretary of Defense involves the provision of behavioral 
     health services at a military medical treatment facility.
       (6) Institution of higher education.--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).
       (7) Military behavioral health provider.--The term 
     ``military behavioral health provider'' means a behavioral 
     health provider who is a member of the Armed Forces.
       (8) TRICARE program.--The term ``TRICARE program'' has the 
     meaning given that term in section 1072(7) of title 10, 
     United States Code.
       (9) Uniformed services university of the health sciences.--
     The term ``Uniformed Services University of the Health 
     Sciences'' means the university established under section 
     2112 of title 10, United States Code.

     SEC. 646. PILOT PROGRAM ON SAFE STORAGE OF PERSONALLY OWNED 
                   FIREARMS.

       (a) Establishment.--The Secretary of Defense shall 
     establish a pilot program to promote the safe storage of 
     personally owned firearms.
       (b) Voluntary Participation.--Participation by members of 
     the Armed Forces in the pilot program under subsection (a) 
     shall be on a voluntary basis.
       (c) Elements.--Under the pilot program under subsection 
     (a), the Secretary of Defense shall furnish to members of the 
     Armed Forces who are participating in the pilot program at 
     military installations selected under subsection (e) locking 
     devices and firearm safes for the purpose of securing 
     personally owned firearms when not in use (including by 
     directly providing, subsidizing, or otherwise making 
     available such devices or safes).
       (d) Plan.--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 plan for the 
     implementation of the pilot program under subsection (a).
       (e) Selection of Installations.--Not later than two years 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall select not fewer than five military 
     installations at which to carry out the pilot program under 
     subsection (a).
       (f) Duration.--The duration of the pilot program under 
     subsection (a) shall be for a period of six years.
       (g) Report.--Upon the termination of the pilot program 
     under subsection (a), the Secretary of Defense shall submit 
     to the congressional defense committees a report containing 
     the following information:
       (1) The number and type of locking devices and firearm 
     safes furnished to members of the Armed Forces under the 
     pilot program.
       (2) The cost of carrying out the pilot program.
       (3) An analysis of the effect of the pilot program on 
     suicide prevention.
       (4) Such other information as the Secretary may determine 
     appropriate, which shall exclude any personally identifiable 
     information about participants in the pilot program.
       (h) Definitions.--In this section, the terms ``Armed 
     Forces'' and ``congressional defense committees'' have the 
     meanings given those terms in section 101 of title 10, United 
     States Code.
                                 ______
                                 
  SA 5824. Ms. MURKOWSKI (for herself and Mr. King) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1239. PARTNERSHIP WITH ICELAND.

       (a) Sense of Congress Regarding a Free Trade Agreement With 
     Iceland.--It is the sense of Congress that the United States 
     should enter into negotiations with the Government of Iceland 
     to develop and enter into a comprehensive free trade 
     agreement between the United States and Iceland.
       (b) Nonimmigrant Traders and Investors.--For purposes of 
     clauses (i) and (ii) of section 101(a)(15)(E) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)), 
     Iceland shall be considered to be a foreign state under such 
     section if the Government of Iceland offers similar 
     nonimmigrant status to nationals of the United States.
                                 ______
                                 
  SA 5825. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 12__. MECHANISMS TO AVOID UNITED STATES' CONTRIBUTIONS 
                   TO TERRORISM, HUMAN RIGHTS ABUSES, OR DRUG 
                   TRAFFICKING.

       (a) Strategy.--Not later than 30 days after the date of the 
     enactment of this Act, the Secretary of State, in 
     coordination with the Administrator of the United States 
     Agency for International Development, shall submit a strategy 
     to the appropriate congressional committees that seeks to 
     minimize direct benefits to the Taliban through United 
     States' humanitarian and development assistance in 
     Afghanistan.
       (b) Elements.--The strategy required under subsection (a) 
     shall--
       (1) describe in detail the mechanisms used to monitor and 
     prevent the diversion of United States' assistance to 
     terrorism and drug trafficking, including through currency 
     manipulation;
       (2) describe in detail any mechanisms for ensuring that--
       (A) the Taliban is not--
       (i) the intended primary beneficiary or end user of United 
     States' assistance; or
       (ii) the direct recipient of such assistance; and
       (B) such assistance is not used for payments to Taliban 
     creditors;
       (3) describe the extent of ownership or control exerted by 
     the Taliban over entities and individuals that are the 
     primary beneficiaries or end users of United States' 
     assistance;
       (4) indicate whether United States' assistance or direct 
     services replace assistance or services previously provided 
     by the Taliban; and
       (5) define ``direct benefit'' for purposes of governing 
     Department of State and United States Agency for 
     International Development assistance operations in 
     Afghanistan.
       (c) Form.--The strategy required under subsection (a) shall 
     be unclassified, but may include a classified annex.

[[Page S5308]]

       (d) Quarterly Reports.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, and every 90 days thereafter, the 
     President shall submit a report to the appropriate 
     congressional committees that describes the efforts 
     undertaken to implement the strategy required under 
     subsection (a).
       (2) Elements.--Each report submitted pursuant to paragraph 
     (1) shall include a detailed certification that transactions 
     and activities authorized under a General License issued by 
     the Office of Foreign Assets Control is not being used--
       (A) to provide any direct benefit to the Taliban; or
       (B) to fund terrorism, human rights abuses, or drug 
     trafficking.
                                 ______
                                 
  SA 5826. Mr. RISCH (for himself and Mr. Menendez) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1226. STOP IRANIAN DRONES ACT.

       (a) Short Title.--This section may be cited as the ``Stop 
     Iranian Drones Act''.
       (b) Findings.--Congress finds the following:
       (1) A July 15, 2013, United Nations General Assembly Report 
     on the continuing operation of the United Nations Register of 
     Conventional Arms and its further development (document A/68/
     140) states in paragraph 45, ``The Group noted the discussion 
     of the 2006 Group that category IV already covered armed 
     unmanned aerial vehicles and of the 2009 Group on a proposal 
     to include a new category for such vehicles. The Group 
     reviewed proposals for providing greater clarity to category 
     IV.''.
       (2) Section 107 of the Countering America's Adversaries 
     Through Sanctions Act (22 U.S.C. 9406), enacted August 2, 
     2017, requires the President to impose sanctions on any 
     person that the President determines ``knowingly engages in 
     any activity that materially contributes to the supply, sale, 
     or transfer directly or indirectly to or from Iran, or for 
     the use in or benefit of Iran, of any battle tanks, armored 
     combat vehicles, large caliber artillery systems, combat 
     aircraft, attack helicopters, warships, missiles or missile 
     systems, as defined for the purpose of the United Nations 
     Register of Conventional Arms, or related materiel, including 
     spare parts''.
       (3) In 2019, the United Nations formally changed the 
     heading of category IV of the United Nations Register of 
     Conventional Arms to ``combat aircraft and unmanned combat 
     aerial vehicles''.
       (c) Statement of Policy.--It shall be the policy of the 
     United States to prevent Iran and Iranian-aligned terrorist 
     and militia groups from acquiring unmanned aerial vehicles, 
     including commercially available component parts, that can be 
     used in attacks against United States persons and partner 
     nations.
       (d) Amendment to Countering America's Adversaries Through 
     Sanctions Act Relating to Sanctions With Respect to Iran.--
       (1) In general.--Section 107 of the Countering America's 
     Adversaries Through Sanctions Act (22 U.S.C. 9406) is 
     amended--
       (A) in the section heading, by striking ``enforcement of 
     arms embargos'' and inserting ``sanctions with respect to 
     major conventional arms''; and
       (B) in subsection (a)(1), by inserting ``or unmanned combat 
     aerial vehicles'' after ``combat aircraft''.
       (2) Clerical amendment.--The table of contents for the 
     Countering America's Adversaries Through Sanctions Act is 
     amended by striking the item relating to section 107 and 
     inserting the following:

``Sec. 107. Sanctions with respect to major conventional arms.''.
       (3) Effective date.--The amendments made by this subsection 
     take effect on the date of the enactment of this Act and 
     apply with respect to any person that knowingly engages in 
     any activity that materially contributes to the supply, sale, 
     or transfer directly or indirectly to or from Iran, or for 
     the use in or benefit of Iran, of any unmanned combat aerial 
     vehicles, as defined for the purpose of the United Nations 
     Register of Conventional Arms, before, on, or after such date 
     of enactment.
       (e) Report to Identify Iranian Persons That Have Attacked 
     United States Citizens Using Unmanned Combat Aerial 
     Vehicles.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and every 180 days thereafter, the 
     Secretary of State shall submit to the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives a report that identifies, for 
     the period specified in paragraph (2), any Iranian person 
     that has attacked a United States citizen using an unmanned 
     combat aerial vehicle, as defined for the purpose of the 
     United Nations Register of Conventional Arms.
       (2) Period specified.--The period specified in this 
     paragraph is--
       (A) for the initial report, the period--
       (i) beginning on the date that is 10 years before the date 
     such report is submitted; and
       (ii) ending on the date such report is submitted; and
       (B) for the second or a subsequent report, the period--
       (i) beginning on the date the preceding report was 
     submitted; and
       (ii) ending on the date such second or subsequent report is 
     submitted.
       (3) Designation of persons as foreign terrorist 
     organizations.--
       (A) In general.--The President shall designate any person 
     identified in a report submitted under subsection (a) as a 
     foreign terrorist organization under section 219 of the 
     Immigration and Naturalization Act (8 U.S.C. 1189).
       (B) Revocation.--The President may not revoke a designation 
     made under subparagraph (A) until the date that is 10 years 
     after the date of such designation.
       (4) Iranian person defined.--In this subsection, the term 
     ``Iranian person''--
       (A) means an entity organized under the laws of Iran or 
     otherwise subject to the jurisdiction of the Government of 
     Iran; and
       (B) includes the Islamic Revolutionary Guard Corps.
       (f) 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.
                                 ______
                                 
  SA 5827. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title XII, add the following:

    Subtitle G--Imposition of Sanctions With Respect to the Taliban

     SEC. 1281. DEFINITIONS.

       In this subtitle:
       (1) Admission; admitted; alien.--The terms ``admission'', 
     ``admitted'', and ``alien'' have the meanings given those 
     terms in section 101 of the Immigration and Nationality Act 
     (8 U.S.C. 1101).
       (2) Agricultural commodity.--The term ``agricultural 
     commodity'' has the meaning given that term in section 102 of 
     the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
       (3) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Financial Services of the House of Representatives.
       (4) Foreign person.--The term ``foreign person'' means a 
     person that is not a United States person.
       (5) Medical device.--The term ``medical device'' has the 
     meaning given the term ``device'' in section 201 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
       (6) Medicine.--The term ``medicine'' has the meaning given 
     the term ``drug'' in section 201 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321).
       (7) United states person.--The term ``United States 
     person'' means--
       (A) a citizen of the United States or an alien lawfully 
     admitted for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such entity.

     SEC. 1282. IMPOSITION OF SANCTIONS WITH RESPECT TO TERRORISM, 
                   HUMAN RIGHTS ABUSES, AND NARCOTICS TRAFFICKING 
                   COMMITTED BY THE TALIBAN AND OTHERS IN 
                   AFGHANISTAN.

       (a) Sanctions Relating to Support for Terrorism.--In 
     addition to authorities under Executive Order 13224 (50 
     U.S.C. 1701 note; relating to blocking property and 
     prohibiting transactions with persons who commit, threaten to 
     commit, or support terrorism) under which the President has 
     designating the Taliban and the Haqqani Network as specially 
     designated global terrorist groups and section 219 of the 
     Immigration and Nationality Act (8 U.S.C. 1189) under which 
     the President has designated the Haqqani Network as a foreign 
     terrorist organization, the President shall impose the 
     sanctions described in subsection (d) with respect to a 
     foreign person, including a member of the Taliban, if the 
     President determines that the person, on or after the date 
     that is 90 days after the date of the enactment of this Act,

[[Page S5309]]

     is knowingly responsible for, complicit in, or has directly 
     or indirectly provided financial, material, or technological 
     support for, or financial or other services in support of, a 
     terrorist group operating in Afghanistan.
       (b) Sanctions Relating to Human Rights Abuses.--The 
     President shall impose the sanctions described in subsection 
     (d) with respect to a foreign person, including a member of 
     the Taliban, if the President determines that the person, on 
     or after the date that is 90 days after the date of the 
     enactment of this Act, is responsible for, complicit in, or 
     has directly or indirectly engaged in, serious human rights 
     abuses in Afghanistan.
       (c) Sanctions Relating to Drug Trafficking.--The President 
     shall impose the sanctions described in subsection (d) with 
     respect to a foreign person, including a member of the 
     Taliban, if the President determines that the person, on or 
     after the date that is 90 days after the date of the 
     enactment of this Act, knowingly--
       (1) plays a significant role in international narcotics 
     trafficking centered in Afghanistan; or
       (2) provides significant financial, material, or 
     technological support for, or significant financial or other 
     services to or in support of, any person described in 
     paragraph (1).
       (d) Sanctions Described.--The sanctions described in this 
     subsection are the following:
       (1) Property blocking.--The exercise of all of the powers 
     granted to the President under the International Emergency 
     Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent 
     necessary to block and prohibit all transactions in property 
     and interests in property of a foreign person described in 
     subsection (a), (b), or (c) if such property and interests in 
     property are in the United States, come within the United 
     States, or come within the possession or control of a United 
     States person.
       (2) Ineligibility for visas, admission, or parole.--
       (A) Visas, admission, or parole.--An alien described in 
     subsection (a), (b), or (c) shall be--
       (i) inadmissible to the United States;
       (ii) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--The visa or other entry documentation of 
     any alien described in subsection (a), (b), or (c) is subject 
     to revocation regardless of the issue date of the visa or 
     other entry documentation.
       (ii) Immediate effect.--A revocation under clause (i) 
     shall--

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

     SEC. 1283. SUPPORT FOR MULTILATERAL SANCTIONS WITH RESPECT TO 
                   THE TALIBAN.

       (a) Voice and Vote at United Nations.--The Secretary of 
     State shall use the voice and vote of the United States at 
     the United Nations to maintain the sanctions with respect to 
     the Taliban described in and imposed pursuant to United 
     Nations Security Council Resolution 1988 (2011) and United 
     Nations Security Council Resolution 2255 (2015).
       (b) Engagement With Allies and Partners.--The Secretary of 
     State shall, acting through the Office of Sanctions 
     Coordination established under section 1(h) of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 
     2651a(h)), engage with the governments of allies and partners 
     of the United States to promote their use of sanctions with 
     respect to the Taliban, particularly for any support for 
     terrorism, serious human rights abuses, or international 
     narcotics trafficking.

     SEC. 1284. IMPLEMENTATION; PENALTIES.

       (a) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out this subtitle.
       (b) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of this 
     subtitle or any regulation, license, or order issued to carry 
     out this subtitle shall be subject to the penalties set forth 
     in subsections (b) and (c) of section 206 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     to the same extent as a person that commits an unlawful act 
     described in subsection (a) of that section.
       (c) Briefing on Implementation of Sanctions.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and every 90 days thereafter 
     through December 31, 2026, the Secretary of State and the 
     Secretary of the Treasury shall jointly brief the appropriate 
     congressional committees on the implementation of sanctions 
     under this subtitle.
       (2) Elements.--Each briefing required under paragraph (1) 
     shall include the following:
       (A) A description of the number and identity of foreign 
     persons with respect to which sanctions were imposed under 
     section 1282 during the 90-day period preceding submission of 
     the report.
       (B) A description of the efforts of the United States 
     Government to maintain sanctions with respect to the Taliban 
     at the United Nations pursuant to section 1283(a) during that 
     period.
       (C) A description of the impact of sanctions imposed under 
     section 1282 on the behavior of the Taliban, other groups, 
     and other foreign governments during that period.
       (D) A description of--
       (i) the impact of sanctions imposed under section 1282 on 
     Afghan civilians, particularly women and girls; and
       (ii) the extent to which those sanctions affect the 
     delivery of humanitarian, peacebuilding, education, and other 
     development assistance to the Afghan people.

     SEC. 1285. WAIVERS; EXCEPTIONS; SUSPENSION.

       (a) Waiver.--
       (1) In general.--The President may waive the application of 
     sanctions under this subtitle with respect to a foreign 
     person if the President, not later than 10 days before the 
     waiver is to take effect, determines and certifies to the 
     appropriate congressional committees that such waiver is in 
     the national security interest of the United States.
       (2) Detailed justification.--The President shall submit 
     with each certification in connection with a waiver under 
     paragraph (1) a detailed justification explaining the reasons 
     for the waiver.
       (b) Exceptions.--
       (1) Exception for intelligence activities.--Sanctions under 
     this subtitle shall not apply to any activity subject to the 
     reporting requirements under title V of the National Security 
     Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
     intelligence activities of the United States.
       (2) Exception to comply with international obligations and 
     for law enforcement activities.--Sanctions under section 
     1282(d)(2) shall not apply with respect to an alien if 
     admitting or paroling the alien into the United States is 
     necessary--
       (A) to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success June 26, 1947, and entered into force 
     November 21, 1947, between the United Nations and the United 
     States, or other applicable international obligations; or
       (B) to carry out or assist law enforcement activity in the 
     United States.
       (3) Exception relating to importation of goods.--
       (A) In general.--The authorities and requirements to impose 
     sanctions under this subtitle shall not include the authority 
     or a requirement to impose sanctions on the importation of 
     goods.
       (B) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment, and excluding technical data.
       (c) Suspension of Sanctions.--
       (1) Suspension.--The Secretary of State, in consultation 
     with the Director of National Intelligence and the Secretary 
     of the Treasury, may suspend the imposition of sanctions 
     under this subtitle if the Secretary of State certifies in 
     writing to the appropriate congressional committees that the 
     Taliban has--
       (A) publicly and privately broken all ties with other 
     terrorist groups, including al Qaeda;
       (B) taken verifiable measures to prevent the use of 
     Afghanistan as a platform for terrorist attacks against the 
     United States or partners or allies of the United States, 
     including by denying sanctuary space, transit of Afghan 
     territory, and use of Afghanistan for terrorist training, 
     planning, or equipping;
       (C) provided humanitarian actors with full, unimpeded 
     access to vulnerable populations throughout Afghanistan 
     without interference or diversion;
       (D) respected freedom of movement, including by 
     facilitating the departure of foreign nationals, applicants 
     for the special immigrant visa program, and other at-risk 
     Afghans by air or land routes, and the safe, voluntary, and 
     dignified return of displaced persons; and
       (E) supported the establishment of an inclusive government 
     of Afghanistan that respects the rule of law, press freedom, 
     and human rights, including the rights of women and girls.
       (2) Report required.--
       (A) In general.--The Secretary of State shall submit to the 
     appropriate congressional committees with any certification 
     under paragraph (1) a report addressing in detail each of the 
     criteria for the suspension of sanctions under paragraph (1).
       (B) Form of report.--Each report submitted under 
     subparagraph (A) shall be submitted in unclassified form.
                                 ______
                                 
  SA 5828. Mr. OSSOFF submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

  At the appropriate place, insert the following:

[[Page S5310]]

  


     SEC. __. DISADVANTAGED BUSINESS ENTERPRISES.

       Section 11101(e)(2)(A) of the Infrastructure Investment and 
     Jobs Act (Public Law 117-58; 135 Stat. 449) 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)).''.
                                 ______
                                 
  SA 5829. Mr. OSSOFF submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 2811. MODIFICATION OF AUTHORITY TO REPLACE DAMAGED OR 
                   DESTROYED FACILITIES TO INCLUDE FACILITIES IN 
                   FAILING CONDITION.

       (a) In General.--Section 2854 of title 10, United States 
     Code, is amended--
       (1) by striking subsection (a) and inserting the following 
     new subsection (a):
       ``(a) Subject to subsection (b), the Secretary concerned 
     may--
       ``(1) replace a facility under the jurisdiction of the 
     Secretary concerned, including a family housing facility, 
     that has been damaged or destroyed; or
       ``(2) subject to subsection (c)(3), replace a facility 
     under the jurisdiction of the Secretary concerned, including 
     a family housing facility, that is in failing condition, if--
       ``(A) replacement is more cost-effective than repair;
       ``(B) the replacement facility supports an existing mission 
     of the Department of Defense; and
       ``(C) the replacement facility does not exceed the total 
     square footage of the replaced facility.'';
       (2) in subsection (b), by striking ``repair, restoration, 
     or'';
       (3) in subsection (c)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``subsection (a)'' and inserting 
     ``subsection (a)(1)''; and
       (B) in paragraph (2)--
       (i) by striking ``this subsection'' and inserting 
     ``paragraph (1)''; and
       (ii) by striking ``described in paragraph (1)'' and 
     inserting ``described in paragraph (1)(B)'';
       (4) by redesignating paragraph (3) as paragraph (4);
       (5) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) In using the authority described in subsection (a)(2) 
     to carry out a military construction project to replace a 
     facility, including a family housing facility, that is in 
     failing condition, the Secretary concerned may use 
     appropriations available for operation and maintenance.''; 
     and
       (6) in paragraph (4), as redesignated by paragraph (4) of 
     this subsection, by inserting ``per armed force'' before ``in 
     any fiscal year''.
       (b) Conforming and Clerical Amendments.--
       (1) Heading amendment.--The heading of section 2854 of such 
     title is amended to read as follows:

     ``Sec. 2854. Replacement of damaged, destroyed, or failing 
       facilities''.

       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter III of chapter 169 of such title is 
     amended by striking the item relating to section 2854 and 
     inserting the following new item:

``2854. Replacement of damaged, destroyed, or failing facilities.''.
                                 ______
                                 
  SA 5830. Mr. OSSOFF submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 2825. REQUIREMENTS FOR MILITARY TENANT ADVOCATES 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. Military tenant advocates

       ``(a) In General.--The Secretary of Defense shall ensure 
     that each installation of the Department of Defense at which 
     military housing under subchapter IV of this chapter is 
     offered has a military tenant advocate employed by the 
     military department concerned.
       ``(b) Training and Certification.--(1) The Secretary shall 
     implement a uniform training and certification program for 
     all individuals serving or selected to serve as a military 
     tenant advocate under subsection (a).
       ``(2) The training and certification program implemented 
     under paragraph (1) shall include, at a minimum, instruction 
     on the following:
       ``(A) The authority of the Secretary to provide military 
     housing under subchapter IV of this chapter.
       ``(B) The role, authority, and responsibility of housing 
     management offices.
       ``(C) The Military Housing Privatization Initiative Tenant 
     Bill of Rights developed under section 2890 of this title.
       ``(D) The dispute resolution process under section 2894 of 
     this title.
       ``(E) The resources available to tenants of military 
     housing under subchapter IV of this chapter to ensure that 
     all such tenants are living in housing that meets the 
     standards described in the Military Housing Privatization 
     Initiative Tenant Bill of Rights.
       ``(F) Relevant national, State, and local housing, 
     disability, and environmental laws.
       ``(c) Outreach.--The Secretary shall conduct public 
     outreach and education at each installation of the Department 
     with a military tenant advocate under subsection (a) to 
     provide members of the armed forces and their families with 
     information on the identity, role, and authority of the 
     military tenant advocate.
       ``(d) Hiring.--When hiring or selecting individuals to 
     serve in the role of military tenant advocate under 
     subsection (a), no preferential consideration shall be given 
     to individuals currently or previously employed by--
       ``(1) a housing management office;
       ``(2) a garrison command; or
       ``(3) a housing provider or manager owning or operating 
     military housing under subchapter IV of this chapter.''.
       (b) Clerical and Conforming Amendments.--
       (1) Clerical amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item relating to section 2890 the following new item:

``2890a. Military tenant advocates.''.
       (2) Conforming amendments.--
       (A) Rights and responsibilities of tenants.--Section 
     2890(b) of title 10, United States Code, is amended--
       (i) in paragraph (5), by inserting ``under section 2890a of 
     this title'' after ``advocate''; and
       (ii) in paragraph (8), by striking ``, as provided in 
     section 2894(b)(4) of this title,'' and inserting ``under 
     section 2890a of this title''.
       (B) Dispute resolution process.--Section 2894(b)(4) of such 
     title is amended by striking ``military housing advocate 
     employed by the military department concerned'' and inserting 
     ``military tenant advocate under section 2890a of this 
     title''.
                                 ______
                                 
  SA 5831. Mr. OSSOFF submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 334. REPORT ON BLOOD TESTING OF FIREFIGHTERS OF 
                   DEPARTMENT OF DEFENSE FOR EXPOSURE TO 
                   PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report detailing--
       (1) the implementation by the Secretary at each 
     installation of the Department of Defense of blood testing of 
     firefighters of the Department to determine and document 
     potential exposure to perfluoroalkyl and polyfluoroalkyl 
     substances, as required under section 707 of the National 
     Defense Authorization Act for Fiscal Year 2020 (Public Law 
     116-92; 133 Stat. 1441); and
       (2) the status and results of the efforts of the Department 
     to develop a plan to track, trend, and analyze the results of 
     such blood testing throughout the Department in accordance 
     with Department of Defense Instruction 6055.05, entitled 
     ``Occupational Medical Examinations: Medical Surveillance and 
     Medical Qualification''.
                                 ______
                                 
  SA 5832. Mr. OSSOFF submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:


[[Page S5311]]


  

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

     SEC. 357. STUDY AND REPORT ON HEXAVALENT CHROMIUM AND OTHER 
                   HAZARDS AT DEPARTMENT OF DEFENSE INSTALLATIONS.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study--
       (1) to evaluate the nature and prevalence of hexavalent 
     chromium, isocyanic acid, hexamethylene ester, and similar 
     hazards at installations of the Department of Defense, 
     particularly those installations associated with equipment 
     and weapons system maintenance and sustainment activities; 
     and
       (2) to assess the efficacy of relevant mitigation measures 
     being undertaken by the Department with respect to such 
     hazards.
       (b) Elements.--The study conducted under subsection (a) 
     shall include an assessment of what and how unmet 
     requirements related to military construction or facilities 
     sustainment, restoration, and modernization impact the 
     nature, prevalence, and mitigation of chemical hazards in 
     activities of the Department.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the congressional defense committees a report on the 
     results of the study conducted under subsection (a).
                                 ______
                                 
  SA 5833. Mr. CASEY (for himself and Mr. Risch) submitted an amendment 
intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for 
himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 
7900, to authorize appropriations for fiscal year 2023 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SECTION 1214. GLOBAL FOOD SECURITY.

       (a) Short Title.--The section may be cited as the ``Global 
     Food Security Reauthorization Act of 2022''.
       (b) Findings.--Section 2 of the Global Food Security Act of 
     2016 (22 U.S.C. 9301) is amended by striking ``Congress 
     makes'' and all that follows through ``(3) A comprehensive'' 
     and inserting ``Congress finds that a comprehensive''.
       (c) Statement of Policy Objectives; Sense of Congress.--
     Section 3(a) of such Act (22 U.S.C. 9302(a)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``programs, activities, and initiatives that'' and inserting 
     ``comprehensive, multi-sectoral programs, activities, and 
     initiatives that consider agriculture and food systems in 
     their totality and that''.
       (2) in paragraph (1), by striking ``and economic freedom 
     through the coordination'' and inserting ``, economic 
     freedom, and security through the phasing, sequencing, and 
     coordination'';
       (3) by striking paragraphs (3) and (4) and inserting the 
     following:
       ``(3) increase the productivity, incomes, and livelihoods 
     of small-scale producers and artisanal fishing communities, 
     especially women in these communities, by working across 
     terrestrial and aquatic food systems and agricultural value 
     chains, including by--
       ``(A) enhancing local capacity to manage agricultural 
     resources and food systems effectively and expanding producer 
     access to, and participation in, local, regional, and 
     international markets;
       ``(B) increasing the availability and affordability of high 
     quality nutritious and safe foods and clean water;
       ``(C) creating entrepreneurship opportunities and improving 
     access to business development related to agriculture and 
     food systems, including among youth populations, linked to 
     local, regional, and international markets; and
       ``(D) enabling partnerships to facilitate the development 
     of and investment in new agricultural technologies to support 
     more resilient and productive agricultural practices;
       ``(4) build resilience to agriculture and food systems 
     shocks and stresses, including global food catastrophes in 
     which conventional methods of agriculture are unable to 
     provide sufficient food and nutrition to sustain the global 
     population, among vulnerable populations and households 
     through inclusive growth, while reducing reliance upon 
     emergency food and economic assistance;'';
       (4) by amending paragraph (6) to read as follows:
       ``(6) improve the nutritional status of women, adolescent 
     girls, and children, with a focus on reducing child stunting 
     and incidence of wasting, including through the promotion of 
     highly nutritious foods, diet diversification, large-scale 
     food fortification, and nutritional behaviors that improve 
     maternal and child health and nutrition, especially during 
     the first 1,000-day window until a child reaches 2 years of 
     age;''; and
       (5) in paragraph (7)--
       (A) by striking ``science and technology,'' and inserting 
     ``combating fragility, resilience, science and technology, 
     natural resource management''; and
       (B) by inserting ``, including deworming,'' after 
     ``nutrition,''.
       (d) Definitions.--Section 4 of the Global Food Security Act 
     of 2016 (22 U.S.C. 9303) is amended--
       (1) in paragraph (2), by inserting ``, including in 
     response to shocks and stresses to food and nutrition 
     security'' before the period at the end;
       (2) by redesignating paragraphs (4) through (12) as 
     paragraphs (5) through (13), respectively;
       (3) by inserting after paragraph (3) the following:
       ``(4) Food system.--The term `food system' means the intact 
     or whole unit made up of interrelated components of people, 
     behaviors, relationships, and material goods that interact in 
     the production, processing, packaging, transporting, trade, 
     marketing, consumption, and use of food, feed, and fiber 
     through aquaculture, farming, wild fisheries, forestry, and 
     pastoralism that operates within and is influenced by social, 
     political, economic, and environmental contexts.'';
       (4) in paragraph (6), as redesignated, by amending 
     subparagraph (H) to read as follows:
       ``(H) local agricultural producers, including farmer and 
     fisher organizations, cooperatives, small-scale producers, 
     youth, and women; and'';
       (5) in paragraph (7), as redesignated, by inserting ``the 
     Inter-American Foundation,'' after ``United States African 
     Development Foundation,'';
       (6) in paragraph (9), as redesignated--
       (A) by inserting ``agriculture and food'' before 
     ``systems''; and
       (B) by inserting ``, including global food catastrophes,'' 
     after ``food security'';
       (7) in paragraph (10), as redesignated, by striking 
     ``fishers'' and inserting ``artisanal fishing communities'';
       (8) in paragraph (11), as redesignated, by amending 
     subparagraphs (D) and (E) to read as follows:
       ``(D) is a marker of an environment deficient in the 
     various needs that allow for a child's healthy growth, 
     including nutrition; and
       ``(E) is associated with long-term poor health, delayed 
     motor development, impaired cognitive function, and decreased 
     immunity'';
       (9) in paragraph (13), as redesignated, by striking 
     ``agriculture and nutrition security'' and inserting ``food 
     and nutrition security and agriculture-led economic growth''; 
     and
       (10) by adding at the end the following:
       ``(14) Wasting.--The term `wasting' means--
       ``(A) a life-threatening condition attributable to poor 
     nutrient intake or disease that is characterized by a rapid 
     deterioration in nutritional status over a short period of 
     time; and
       ``(B) in the case of children, is characterized by low 
     weight for height and weakened immunity, increasing their 
     risk of death due to greater frequency and severity of common 
     infection, particularly when severe.''.
       (e) Comprehensive Global Food Security Strategy.--Section 
     5(a) of the Global Food Security Act of 2016 (22 U.S.C. 9304) 
     is amended--
       (1) in paragraph (4), by striking ``country-owned 
     agriculture, nutrition, and food security policy and 
     investment plans'' and inserting ``partner country-led 
     agriculture, nutrition, regulatory, food security, and water 
     resources management policy and investment plans and 
     governance systems'';
       (2) by amending paragraph (5) to read as follows:
       ``(5) support the locally-led and inclusive development of 
     agriculture and food systems, including by enhancing the 
     extent to which small-scale food producers, especially women, 
     have access to and control over the inputs, skills, resource 
     management capacity, networking, bargaining power, financing, 
     market linkages, technology, and information needed to 
     sustainably increase productivity and incomes, reduce poverty 
     and malnutrition, and promote long-term economic 
     prosperity;'';
       (3) in paragraph (6)--
       (A) by inserting ``, adolescent girls,'' after ``women''; 
     and
       (B) by inserting ``and preventing incidence of wasting'' 
     after ``reducing child stunting'';
       (4) in paragraph (7), by inserting ``poor water resource 
     management and'' after ``including'';
       (5) in paragraph (8)--
       (A) by striking ``the long term success of programs'' and 
     inserting ``long-term impact''; and
       (B) by inserting ``, including agricultural research 
     capacity,'' after ``institutions'';
       (6) in paragraph (9), by striking ``integrate resilience 
     and nutrition strategies into food security programs, such 
     that chronically vulnerable populations are better able to'' 
     and inserting ``coordinate with and complement relevant 
     strategies to ensure that chronically vulnerable populations 
     are better able to adapt,'';
       (7) by redesignating paragraph (17) as paragraph (22);
       (8) by redesignating paragraphs (12) through (16) as 
     paragraphs (14) through (18), respectively;
       (9) by striking paragraphs (10) and (11) and inserting the 
     following:
       ``(10) develop community and producer resilience and 
     adaptation strategies to disasters, emergencies, and other 
     shocks and stresses to food and nutrition security, including 
     conflicts, droughts, flooding, pests, and diseases, that 
     adversely impact agricultural yield and livelihoods;

[[Page S5312]]

       ``(11) harness science, technology, and innovation, 
     including the research and extension activities supported by 
     the private sector, relevant Federal departments and 
     agencies, Feed the Future Innovation Labs or any successor 
     entities, and international and local researchers and 
     innovators, recognizing that significant investments in 
     research and technological advances will be necessary to 
     reduce global poverty, hunger, and malnutrition;
       ``(12) use evidenced-based best practices, including 
     scientific and forecasting data, and improved planning and 
     coordination by, with, and among key partners and relevant 
     Federal departments and agencies to identify, analyze, 
     measure, and mitigate risks, and strengthen resilience 
     capacities;
       ``(13) ensure scientific and forecasting data is accessible 
     and usable by affected communities and facilitate 
     communication and collaboration among local stakeholders in 
     support of adaptation planning and implementation, including 
     scenario planning and preparedness using seasonal forecasting 
     and scientific and local knowledge;'';
       (10) in paragraph (15), as redesignated, by inserting 
     ``nongovernmental organizations, including'' after ``civil 
     society,'';
       (11) in paragraph (16), as redesignated, by inserting ``and 
     coordination, as appropriate,'' after ``collaboration'';
       (12) in paragraph (18), as redesignated, by striking 
     ``section 8(b)(4); and'' and inserting ``section 8(a)(4);''; 
     and
       (13) by inserting after paragraph (18), as redesignated, 
     the following:
       ``(19) improve the efficiency and resilience of 
     agricultural production, including management of crops, 
     rangelands, pastures, livestock, fisheries, and aquacultures;
       ``(20) ensure investments in food and nutrition security 
     consider and integrate best practices in the management and 
     governance of natural resources and conservation, especially 
     among food insecure populations living in or near biodiverse 
     ecosystems;
       ``(21) be periodically updated in a manner that reflects 
     learning and best practices; and''.
       (f) Periodic Updates.--Section 5 of the Global Food 
     Security Act of 2016 (22 U.S.C. 9304), as amended by 
     subsection (e), is further amended by adding at the end the 
     following:
       ``(d) Periodic Updates.--Not less frequently than 
     quinquennially through fiscal year 2030, the President, in 
     consultation with the head of each relevant Federal 
     department and agency, shall submit to the appropriate 
     congressional committees updates to the Global Food Security 
     Strategy required under subsection (a) and the agency-
     specific plans described in subsection (c)(2).''.
       (g) Authorization of Appropriations to Implement the Global 
     Food Security Strategy.--Section 6(b) of such Act (22 U.S.C. 
     9305(b)) is amended--
       (1) by striking ``$1,000,600,000 for each of fiscal years 
     2017 through 2023'' and inserting ``$1,200,000,000 for each 
     of the fiscal years 2024 through 2028''; and
       (2) by adding at the end the following: ``Amounts 
     authorized to appropriated under this subsection should be 
     prioritized to carry out programs and activities in target 
     countries.''.
       (h) Emergency Food Security Program.--
       (1) In general.--Section 7 of the Global Food Security Act 
     of 2016 (22 U.S.C. 9306) is amended by striking ``(a) Sense 
     of Congress.--'' and all that follows through ``It shall be'' 
     and inserting ``It shall be''.
       (2) Authorization of appropriations.--Section 492(a) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2292a(a)) is 
     amended by striking ``$2,794,184,000 for each of fiscal years 
     2017 through 2023, of which up to $1,257,382,000'' and 
     inserting ``$3,905,460,000 for each of the fiscal years 2024 
     through 2028, of which up to $1,757,457,000''.
       (i) Reports.--Section 8(a) of the Global Food Security Act 
     of 2016 (22 U.S.C. 9307) is amended--
       (1) in the matter preceding paragraph (1)--
       (A) by striking ``During each of the first 7 years after 
     the date of the submission of the strategy required under 
     section 5(c),'' and inserting ``For each of the fiscal years 
     2024 through 2028,'';
       (B) by striking ``reports that describe'' and inserting ``a 
     report that describes''; and
       (C) by striking ``at the end of the reporting period'' and 
     inserting ``during the preceding year'';
       (2) in paragraph (2), by inserting ``, including any 
     changes to the target countries selected pursuant to the 
     selection criteria described in section 5(a)(2) and 
     justifications for any such changes'' before the semicolon at 
     the end;
       (3) in paragraph (3), by inserting ``identify and'' before 
     ``describe'';
       (4) by redesignating paragraphs (12) through (14) as 
     paragraphs (15) through (17), respectively;
       (5) by redesignating paragraphs (5) through (11) as 
     paragraphs (7) through (13), respectively;
       (6) by striking paragraph (4) and inserting the following:
       ``(4) identify and describe the priority quantitative 
     metrics used to establish baselines and performance targets 
     at the initiative, country, and zone of influence levels;
       ``(5) identify such established baselines and performance 
     targets at the country and zone of influence levels;
       ``(6) identify the output and outcome benchmarks and 
     indicators used to measure results annually, and report the 
     annual measurement of results for each of the priority 
     metrics identified pursuant to paragraph (4), disaggregated 
     by age, gender, and disability, to the extent practicable and 
     appropriate, in an open and transparent manner that is 
     accessible to the people of the United States;'';
       (7) in paragraph (7), as redesignated, by striking 
     ``agriculture'' and inserting ``food'';
       (8) in paragraph (8), as redesignated--
       (A) by inserting ``quantitative and qualitative'' after 
     ``how''; and
       (B) by inserting ``at the initiative, country, and zone of 
     influence levels, including longitudinal data and key 
     uncertainties'' before the semicolon at the end;
       (9) in paragraph (9), as redesignated, by inserting 
     ``within target countries, amounts and justification for any 
     spending outside of target countries'' after ``amounts 
     spent'';
       (10) in paragraph (13), as redesignated, by striking ``and 
     the impact of private sector investment'' and inserting ``and 
     efforts to encourage financial donor burden sharing and the 
     impact of such investment and efforts'';
       (11) by inserting after paragraph (13), as redesignated, 
     the following:
       ``(14) describe how agriculture research is prioritized 
     within the Global Food Security Strategy to support 
     agriculture-led growth and eventual self-sufficiency and 
     assess efforts to coordinate research programs within the 
     Global Food Security Strategy with key stakeholders;'';
       (12) in paragraph (16), as redesignated, by striking 
     ``and'' at the end;
       (13) in paragraph (17), as redesignated--
       (A) by inserting ``, including key challenges or 
     missteps,'' after ``lessons learned''; and
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (14) by adding at the end the following:
       ``(18) during the final year of each strategy required 
     under section 5, complete country graduation reports to 
     determine whether a country should remain a target country 
     based on quantitative and qualitative analysis.''.
                                 ______
                                 
  SA 5834. Ms. CORTEZ MASTO submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 848. ACTIONS TO INCREASE AND STABILIZE THE SUPPLY OF 
                   MICROELECTRONICS FOR UNITED STATES COMPUTER 
                   NUMERICALLY CONTROLLED (CNC) MANUFACTURING 
                   BASE.

       The Secretary of Defense and the Secretary of Commerce 
     shall--
       (1) take immediate action to increase and stabilize the 
     supply of microelectronics available to the United States 
     computer numerically controlled (CNC) manufacturing base in 
     order to sustain critical defense programs and the defense 
     industrial base; and
       (2) not later than 30 days after the date of the enactment 
     of this Act, jointly provide a briefing to the Committees on 
     Armed Services of the Senate and the House of Representatives 
     on efforts to carry out paragraph (1).
                                 ______
                                 
  SA 5835. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill H.R. 6833, to amend title XXVII of the Public Health 
Service Act, the Internal Revenue Code of 1986, and the Employee 
Retirement Income Security Act of 1974 to establish requirements with 
respect to cost-sharing for certain insulin products, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in division A, insert the 
     following:
       Sec. ___.  None of the funds made available under section 
     10301(1)(A) of Public Law 117-169 may be obligated during the 
     period beginning on the date of the enactment of this section 
     and ending on September 30, 2023.
                                 ______
                                 
  SA 5836. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill H.R. 6833, to amend title XXVII of the Public Health 
Service Act, the Internal Revenue Code of 1986, and the Employee 
Retirement Income Security Act of 1974 to establish requirements with 
respect to cost-sharing for certain insulin products, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in division A, insert the 
     following:
       Sec. ___.  None of the funds made available under clauses 
     (ii) or (iii) of section 10301(1)(A) of Public Law 117-169 
     may be obligated during the period beginning on the date of 
     the enactment of this section and ending on September 30, 
     2023.

[[Page S5313]]

  

                                 ______
                                 
  SA 5837. Mr. CARPER (for himself and Ms. Collins) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. FAIRNESS FOR FEDERAL FIREFIGHTERS.

       (a) Certain Illnesses and 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.--
       (A) In general.--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) 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 
     in which life, property, or the environment is at risk, 
     including the prevention, control, suppression, or management 
     of wildland fires; and
       ``(D) performs the activities described in subparagraph (C) 
     as a primary responsibility of the job of the employee.
       ``(2) Rule.--The term `rule' has the meaning given the term 
     in section 804.
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of Labor.
       ``(b) Certain Illnesses and 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 
     not less than 5 years in aggregate as an employee in fire 
     protection activities, an illness or disease specified on the 
     list established under paragraph (2) shall be deemed to be 
     proximately caused by the employment of that employee, if the 
     employee is diagnosed with that illness or disease not later 
     than 10 years after the last active date of employment as an 
     employee in fire protection activities.
       ``(2) Establishment of initial list.--There is established 
     under this section the following list of illnesses and 
     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 suffered while, or 
     not later than 24 hours after, engaging in the activities 
     described in subsection (a)(1)(C).
       ``(O) Testicular cancer.
       ``(P) Thyroid cancer.
       ``(3) Additions to the list.--
       ``(A) In general.--
       ``(i) Periodic review.--The Secretary shall--

       ``(I) in consultation with the Director of the National 
     Institute for Occupational Safety and Health and any advisory 
     committee determined appropriate by the Secretary, 
     periodically review the list established under paragraph (2); 
     and
       ``(II) if the Secretary determines that the weight of the 
     best available scientific evidence warrants adding an illness 
     or disease to the list established under paragraph (2), as 
     described in subparagraph (B) of this paragraph, make such an 
     addition through a rule that clearly identifies that 
     scientific evidence.

       ``(ii) Classification.--A rule issued by the Secretary 
     under clause (i) shall be considered to be a major rule for 
     the purposes of chapter 8.
       ``(B) Basis for determination.--The Secretary shall add an 
     illness or disease to the list established under paragraph 
     (2) based on the weight of the best available scientific 
     evidence that there is a significant risk to employees in 
     fire protection activities of developing that illness or 
     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.''.
       (B) Technical and conforming amendment.--The table of 
     sections for subchapter I of chapter 81 of title 5, United 
     States Code, is amended by inserting after the item relating 
     to section 8143a the following:

``8143b. Employees in fire protection activities.''.
       (C) Application.--The amendments made by this paragraph 
     shall apply to claims for compensation filed on or after the 
     date of enactment of this Act.
       (2) Research cooperation.--Not later than 120 days after 
     the date of enactment of this Act, the Secretary of Labor 
     (referred to in this subsection as the ``Secretary'') shall 
     establish a process by which an employee in fire protection 
     activities, as defined in subsection (a) of section 8143b of 
     title 5, United States Code, as added by paragraph (1) of 
     this subsection (referred to in this subsection as an 
     ``employee in fire protection activities''), filing a claim 
     under chapter 81 of title 5, United States Code, as amended 
     by this subsection, relating to an illness or disease on the 
     list established under subsection (b)(2) of such section 
     8143b (referred to in this subsection as ``the list''), as 
     the list may be updated under such section 8143b, shall 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 cancers, and 
     rhabdomyolysis;
       (B) add breast cancer, gynecological cancers, and 
     rhabdomyolysis to the list, by rule in accordance with 
     subsection (b)(3) of section 8143b of title 5, United States 
     Code, as added by paragraph (1) of this subsection, if the 
     Secretary determines that such evidence supports that 
     addition; and
       (C) submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Education and Labor of the House of Representatives a report 
     containing--
       (i) the findings of the Secretary after making the 
     evaluation required under subparagraph (A); and
       (ii) the determination of the Secretary under subparagraph 
     (B).
       (4) Report on federal wildland firefighters.--
       (A) Definition.--In this paragraph, the term ``Federal 
     wildland firefighter'' means an individual occupying a 
     position in the occupational series developed pursuant to 
     section 40803(d)(1) of the Infrastructure Investment and Jobs 
     Act (16 U.S.C. 6592(d)(1)).
       (B) Study.--The Secretary of the Interior and the Secretary 
     of Agriculture, in consultation with 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 compensation for work injuries under chapter 81 of 
     title 5, United States Code, as amended by this subsection, 
     experience after being exposed to fires, smoke, and toxic 
     fumes when in service.
       (C) Requirements.--The study required under subparagraph 
     (B) shall include--
       (i) the race, ethnicity, age, gender, and time of service 
     of the Federal wildland firefighters participating in the 
     study; and
       (ii) recommendations to Congress regarding what legislative 
     actions are needed to support the Federal wildland 
     firefighters described in clause (i) in preventing health 
     issues from the toxic exposure described in subparagraph (B), 
     similar to veterans who are exposed to burn pits.
       (D) Submission and publication.--The Secretary of the 
     Interior and the Secretary of Agriculture shall submit the 
     results of the study conducted under this paragraph to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Education and Labor of the 
     House of Representatives and make those results publicly 
     available.
       (5) Report on affected employees.--Beginning on the date 
     that is 1 year after the date of enactment of this Act, with 
     respect to each annual report required under section 8152 of 
     title 5, United States Code, the Secretary--
       (A) shall include in the report the total number of, and 
     demographics regarding, employees in fire protection 
     activities with illnesses and diseases described in the list 
     (as the list may be updated under this subsection and the 
     amendments made by this subsection), as of the date on which 
     that annual report is submitted, which shall be disaggregated 
     by the specific illness or disease for the purposes of 
     understanding the scope of the problem facing those 
     employees; and
       (B) may--
       (i) include in the report any information with respect to 
     employees in fire protection activities that the Secretary 
     determines to be necessary; and
       (ii) as appropriate, make recommendations in the report for 
     additional actions that

[[Page S5314]]

     could be taken to minimize the risk of adverse health impacts 
     for employees in fire protection activities.
       (b) 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, or any successor regulation, by striking ``30 
     days'' and inserting ``60 days''; and
       (2) modify the Federal Employees' Compensation Act manual 
     to reflect the changes made by the Secretary pursuant to 
     paragraph (1).
                                 ______
                                 
  SA 5838. Mrs. MURRAY (for herself and Mr. Burr) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

            TITLE __--21ST CENTURY ASSISTIVE TECHNOLOGY ACT

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``21st Century Assistive 
     Technology Act''.

     SEC. _02. REAUTHORIZATION.

       The Assistive Technology Act of 1998 (29 U.S.C. 3001 et 
     seq.) is amended to read as follows:

     ``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       ``(a) Short Title.--This Act may be cited as the `Assistive 
     Technology Act of 1998'.
       ``(b) Table of Contents.--The table of contents of this Act 
     is as follows:

``Sec. 1. Short title; table of contents.
``Sec. 2. Purposes.
``Sec. 3. Definitions.
``Sec. 4. Grants for State assistive technology programs.
``Sec. 5. Grants for protection and advocacy services related to 
              assistive technology.
``Sec. 6. Technical assistance and data collection support.
``Sec. 7. Projects of national significance.
``Sec. 8. Administrative provisions.
``Sec. 9. Authorization of appropriations; reservations and 
              distribution of funds.

     ``SEC. 2. PURPOSES.

       ``The purposes of this Act are--
       ``(1) to support State efforts to improve the provision of 
     assistive technology to individuals with disabilities through 
     comprehensive statewide programs of technology-related 
     assistance, for individuals with disabilities of all ages, 
     that are designed to--
       ``(A) increase the availability of, funding for, access to, 
     provision of, and training about assistive technology devices 
     and assistive technology services;
       ``(B) increase the ability of individuals with disabilities 
     of all ages to secure and maintain possession of assistive 
     technology devices as such individuals make the transition 
     between services offered by educational or human service 
     agencies or between settings of daily living (for example, 
     between home and work);
       ``(C) increase the capacity of public agencies and private 
     entities to provide and pay for assistive technology devices 
     and assistive technology services on a statewide basis for 
     individuals with disabilities of all ages;
       ``(D) increase the involvement of individuals with 
     disabilities and, if appropriate, their family members, 
     guardians, advocates, and authorized representatives, in 
     decisions related to the provision of assistive technology 
     devices and assistive technology services;
       ``(E) increase and promote coordination among State 
     agencies, between State and local agencies, among local 
     agencies, and between State and local agencies and private 
     entities (such as managed care providers), that are involved 
     or are eligible to be involved in carrying out activities 
     under this Act;
       ``(F) increase the awareness and facilitate the change of 
     laws, regulations, policies, practices, procedures, and 
     organizational structures that facilitate the availability or 
     provision of assistive technology devices and assistive 
     technology services; and
       ``(G) increase awareness and knowledge of the benefits of 
     assistive technology devices and assistive technology 
     services among targeted individuals and entities and the 
     general population; and
       ``(2) to provide States and protection and advocacy systems 
     with financial assistance that supports programs designed to 
     maximize the ability of individuals with disabilities and 
     their family members, guardians, advocates, and authorized 
     representatives to obtain assistive technology devices and 
     assistive technology services.

     ``SEC. 3. DEFINITIONS.

       ``In this Act:
       ``(1) Adult service program.--The term `adult service 
     program' means a program that provides services to, or is 
     otherwise substantially involved with the major life 
     functions of, individuals with disabilities. Such term 
     includes--
       ``(A) a program providing residential, supportive, or 
     employment services, or employment-related services, to 
     individuals with disabilities;
       ``(B) a program carried out by a center for independent 
     living, such as a center described in part C of title VII of 
     the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.);
       ``(C) a program carried out by an employment support agency 
     connected to adult vocational rehabilitation, such as a one-
     stop partner, as defined in section 3 of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3102); and
       ``(D) a program carried out by another organization or 
     vender licensed or registered by the designated State agency, 
     as defined in section 7 of the Rehabilitation Act of 1973 (29 
     U.S.C. 705).
       ``(2) American indian consortium.--The term `American 
     Indian consortium' means an entity that is an American Indian 
     Consortium (as defined in section 102 of the Developmental 
     Disabilities Assistance and Bill of Rights Act of 2000 (42 
     U.S.C. 15002)), and that is established to provide protection 
     and advocacy services for purposes of receiving funding under 
     subtitle C of title I of such Act (42 U.S.C. 15041 et seq.).
       ``(3) Assistive technology.--The term `assistive 
     technology' means technology designed to be utilized in an 
     assistive technology device or assistive technology service.
       ``(4) Assistive technology device.--The term `assistive 
     technology device' means any item, piece of equipment, or 
     product system, whether acquired commercially, modified, or 
     customized, that is used to increase, maintain, or improve 
     functional capabilities of individuals with disabilities.
       ``(5) Assistive technology service.--The term `assistive 
     technology service' means any service that directly assists 
     an individual with a disability in the selection, 
     acquisition, or use of an assistive technology device. Such 
     term includes--
       ``(A) the evaluation of the assistive technology needs of 
     an individual with a disability, including a functional 
     evaluation of the impact of the provision of appropriate 
     assistive technology and appropriate services to the 
     individual in the customary environment of the individual;
       ``(B) a service consisting of purchasing, leasing, or 
     otherwise providing for the acquisition of assistive 
     technology devices by individuals with disabilities;
       ``(C) a service consisting of selecting, designing, 
     fitting, customizing, adapting, applying, maintaining, 
     repairing, replacing, or donating assistive technology 
     devices;
       ``(D) coordination and use of necessary therapies, 
     interventions, or services with assistive technology devices, 
     such as therapies, interventions, or services associated with 
     education and rehabilitation plans and programs;
       ``(E) training or technical assistance for an individual 
     with a disability or, where appropriate, the family members, 
     guardians, advocates, or authorized representatives of such 
     an individual;
       ``(F) training or technical assistance for professionals 
     (including individuals providing education and rehabilitation 
     services and entities that manufacture or sell assistive 
     technology devices), employers, providers of employment and 
     training services, or other individuals who provide services 
     to, employ, or are otherwise substantially involved in the 
     major life functions of individuals with disabilities; and
       ``(G) a service consisting of expanding the availability of 
     access to technology, including electronic and information 
     technology, to individuals with disabilities.
       ``(6) Capacity building and advocacy activities.--The term 
     `capacity building and advocacy activities' means efforts 
     that--
       ``(A) result in laws, regulations, policies, practices, 
     procedures, or organizational structures that promote 
     consumer-responsive programs or entities; and
       ``(B) facilitate and increase access to, provision of, and 
     funding for, assistive technology devices and assistive 
     technology services, in order to empower individuals with 
     disabilities to achieve greater independence, productivity, 
     and integration and inclusion within the community and the 
     workforce.
       ``(7) Comprehensive statewide program of technology-related 
     assistance.--The term `comprehensive statewide program of 
     technology-related assistance' means a consumer-responsive 
     program of technology-related assistance for individuals with 
     disabilities that--
       ``(A) is implemented by a State;
       ``(B) is equally available to all individuals with 
     disabilities residing in the State, regardless of their type 
     of disability, age, income level, or location of residence in 
     the State, or the type of assistive technology device or 
     assistive technology service required; and
       ``(C) incorporates all the activities described in section 
     4(e) (unless excluded pursuant to section 4(e)(6)).
       ``(8) Consumer-responsive.--The term `consumer-
     responsive'--
       ``(A) with regard to policies, means that the policies are 
     consistent with the principles of--
       ``(i) respect for individual dignity, personal 
     responsibility, self-determination, and pursuit of meaningful 
     careers, based on informed choice, of individuals with 
     disabilities;

[[Page S5315]]

       ``(ii) respect for the privacy, rights, and equal access 
     (including the use of accessible formats) of such 
     individuals;
       ``(iii) inclusion, integration, and full participation of 
     such individuals in society;
       ``(iv) support for the involvement in decisions of a family 
     member, a guardian, an advocate, or an authorized 
     representative, if an individual with a disability requests, 
     desires, or needs such involvement; and
       ``(v) support for individual and systems advocacy and 
     community involvement; and
       ``(B) with respect to an entity, program, or activity, 
     means that the entity, program, or activity--
       ``(i) is easily accessible to, and usable by, individuals 
     with disabilities and, when appropriate, their family 
     members, guardians, advocates, or authorized representatives;
       ``(ii) responds to the needs of individuals with 
     disabilities in a timely and appropriate manner; and
       ``(iii) facilitates the full and meaningful participation 
     of individuals with disabilities (including individuals from 
     underrepresented populations and rural populations) and their 
     family members, guardians, advocates, and authorized 
     representatives, in--

       ``(I) decisions relating to the provision of assistive 
     technology devices and assistive technology services to such 
     individuals; and
       ``(II) decisions related to the maintenance, improvement, 
     and evaluation of the comprehensive statewide program of 
     technology-related assistance, including decisions that 
     affect capacity building and advocacy activities.

       ``(9) Disability.--The term `disability' has the meaning 
     given the term under section 3 of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12102).
       ``(10) Individual with a disability.--The term `individual 
     with a disability' means any individual of any age, race, or 
     ethnicity--
       ``(A) who has a disability; and
       ``(B) who is or would be enabled by an assistive technology 
     device or an assistive technology service to minimize 
     deterioration in functioning, to maintain a level of 
     functioning, or to achieve a greater level of functioning in 
     any major life activity.
       ``(11) Institution of higher education.--The term 
     `institution of higher education' has the meaning given such 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)), and includes a community college 
     receiving funding under the Tribally Controlled Colleges and 
     Universities Assistance Act of 1978 (25 U.S.C. 1801 et seq.).
       ``(12) Protection and advocacy services.--The term 
     `protection and advocacy services' means services that--
       ``(A) are described in subtitle C of title I of the 
     Developmental Disabilities Assistance and Bill of Rights Act 
     of 2000 (42 U.S.C. 15041 et seq.), the Protection and 
     Advocacy for Individuals with Mental Illness Act (42 U.S.C. 
     10801 et seq.), or section 509 of the Rehabilitation Act of 
     1973 (29 U.S.C. 794e); and
       ``(B) assist individuals with disabilities with respect to 
     assistive technology devices and assistive technology 
     services.
       ``(13) Secretary.--The term `Secretary' means the Secretary 
     of Health and Human Services, acting through the 
     Administrator of the Administration for Community Living.
       ``(14) State.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `State' means each of the 50 States of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the United States Virgin Islands, Guam, American Samoa, 
     and the Commonwealth of the Northern Mariana Islands.
       ``(B) Outlying areas.--In section 4(b):
       ``(i) Outlying area.--The term `outlying area' means the 
     United States Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands.
       ``(ii) State.--The term `State' does not include the United 
     States Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands.
       ``(15) State assistive technology program.--The term `State 
     assistive technology program' means a program authorized 
     under section 4.
       ``(16) Targeted individuals and entities.--The term 
     `targeted individuals and entities' means--
       ``(A) individuals with disabilities of all ages and their 
     family members, guardians, advocates, and authorized 
     representatives;
       ``(B) underrepresented populations, including the aging 
     workforce;
       ``(C) individuals who work for public or private entities 
     (including centers for independent living described in part C 
     of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 
     796f et seq.), insurers, or managed care providers) that have 
     contact with, or provide services to, individuals with 
     disabilities;
       ``(D) educators at all levels (including providers of early 
     intervention services, elementary schools, secondary schools, 
     community colleges, and vocational and other institutions of 
     higher education) and related services personnel;
       ``(E) technology experts (including web designers and 
     procurement officials);
       ``(F) health, allied health, and rehabilitation 
     professionals and hospital employees (including discharge 
     planners);
       ``(G) employers, especially small business employers, and 
     providers of employment and training services;
       ``(H) entities that manufacture or sell assistive 
     technology devices;
       ``(I) entities that carry out community programs designed 
     to develop essential community services in rural and urban 
     areas; and
       ``(J) other appropriate individuals and entities, as 
     determined for a State by the State.
       ``(17) Underrepresented population.--The term 
     `underrepresented population' means a population that is 
     typically underrepresented in service provision, and includes 
     populations such as individuals who have low-incidence 
     disabilities, racial and ethnic minorities, low income 
     individuals, homeless individuals (including children and 
     youth), children in foster care, individuals with limited 
     English proficiency, older individuals, or individuals living 
     in rural areas.
       ``(18) Universal design.--The term `universal design' means 
     a concept or philosophy for designing and delivering products 
     and services that are usable by people with the widest 
     possible range of functional capabilities, which include 
     products and services that are directly accessible (without 
     requiring assistive technologies) and products and services 
     that are interoperable with assistive technologies.

     ``SEC. 4. GRANTS FOR STATE ASSISTIVE TECHNOLOGY PROGRAMS.

       ``(a) Grants to States.--The Secretary shall award grants 
     under subsection (b) to States to maintain a comprehensive 
     statewide continuum of integrated assistive technology 
     activities described in subsection (e) through State 
     assistive technology programs that are designed--
       ``(1) to maximize the ability of individuals with 
     disabilities across the human lifespan and across the wide 
     array of disabilities, and their family members, guardians, 
     advocates, and authorized representatives, to obtain 
     assistive technology; and
       ``(2) to increase access to assistive technology.
       ``(b) Amount of Financial Assistance.--
       ``(1) In general.--From funds made available to carry out 
     this section, the Secretary shall award a grant to each 
     eligible State and eligible outlying area from an allotment 
     determined in accordance with paragraph (2).
       ``(2) Calculation of state grants.--
       ``(A) Base year.--Except as provided in subparagraphs (B) 
     and (C), the Secretary shall allot to each State and outlying 
     area for a fiscal year an amount that is not less than the 
     amount the State or outlying area received under the grants 
     provided under section 4 of this Act (as in effect on the day 
     before the effective date of the 21st Century Assistive 
     Technology Act) for fiscal year 2022.
       ``(B) Ratable reduction.--
       ``(i) In general.--If funds made available to carry out 
     this section for any fiscal year are insufficient to make the 
     allotments required for each State and outlying area under 
     subparagraph (A) for such fiscal year, the Secretary shall 
     ratably reduce the allotments for such fiscal year.
       ``(ii) Additional funds.--If, after the Secretary makes the 
     reductions described in clause (i), additional funds become 
     available to carry out this section for the fiscal year, the 
     Secretary shall ratably increase the allotments, until the 
     Secretary has allotted the entire base year amount under 
     subparagraph (A).
       ``(C) Appropriation higher than base year amount.--For a 
     fiscal year for which the amount of funds made available to 
     carry out this section is greater than the base year amount 
     under subparagraph (A) and no greater than $40,000,000, the 
     Secretary shall--
       ``(i) make the allotments described in subparagraph (A);
       ``(ii) from a portion of the remainder of the funds after 
     the Secretary makes the allotments described in clause (i), 
     the Secretary shall--

       ``(I) from 50 percent of the portion, allot to each State 
     an equal amount; and
       ``(II) from 50 percent of the portion, allot to each State 
     an amount that bears the same relationship to such 50 percent 
     as the population of the State bears to the population of all 
     States;

     until each State has received an allotment of not less than 
     $410,000 under clause (i) and this clause; and
       ``(iii) from the remainder of the funds after the Secretary 
     makes the allotments described in clause (ii), the Secretary 
     shall--

       ``(I) from 80 percent of the remainder, allot to each State 
     an amount that bears the same relationship to such 80 percent 
     as the population of the State bears to the population of all 
     States; and
       ``(II) from 20 percent of the remainder, allot to each 
     State an equal amount.

       ``(D) Appropriation higher than threshold amount.--For a 
     fiscal year for which the amount of funds made available to 
     carry out this section is $40,000,000 or greater, the 
     Secretary shall--
       ``(i) make the allotments described in subparagraph (A);
       ``(ii) from the funds remaining after the allotment 
     described in clause (i), allot to each outlying area an 
     amount of such funds until each outlying area has received an 
     allotment of exactly $150,000 under clause (i) and this 
     clause;
       ``(iii) from a portion of the remainder of the funds after 
     the Secretary makes the allotments described in clauses (i) 
     and (ii), the Secretary shall--

       ``(I) from 50 percent of the portion, allot to each State 
     an equal amount; and
       ``(II) from 50 percent of the portion, allot to each State 
     an amount that bears the same relationship to such 50 percent 
     as the population of the State bears to the population of all 
     States;

[[Page S5316]]

     until each State has received an allotment of not less than 
     $450,000 under clause (i) and this clause; and
       ``(iv) from the remainder of the funds after the Secretary 
     makes the allotments described in clause (iii), the Secretary 
     shall--

       ``(I) from 80 percent of the remainder, allot to each State 
     an amount that bears the same relationship to such 80 percent 
     as the population of the State bears to the population of all 
     States; and
       ``(II) from 20 percent of the remainder, allot to each 
     State an equal amount.

       ``(3) Availability of funds.--Amounts made available for a 
     fiscal year under this section shall be available for the 
     fiscal year and the year following the fiscal year.
       ``(c) Lead Agency, Implementing Entity, and Advisory 
     Council.--
       ``(1) Lead agency and implementing entity.--
       ``(A) Lead agency.--
       ``(i) In general.--The Governor of a State shall designate 
     a public agency as a lead agency--

       ``(I) to control and administer the funds made available 
     through the grant awarded to the State under this section; 
     and
       ``(II) to submit the application described in subsection 
     (d) on behalf of the State, to ensure conformance with 
     Federal and State accounting requirements.

       ``(ii) Duties.--The duties of the lead agency shall 
     include--

       ``(I) preparing the application described in subsection (d) 
     and carrying out State activities described in that 
     application, including making programmatic and resource 
     allocation decisions necessary to implement the comprehensive 
     statewide program of technology-related assistance;
       ``(II) coordinating the activities of the comprehensive 
     statewide program of technology-related assistance among 
     public and private entities, including coordinating efforts 
     related to entering into interagency agreements, and 
     maintaining and evaluating the program; and
       ``(III) coordinating culturally competent efforts related 
     to the active, timely, and meaningful participation by 
     individuals with disabilities and their family members, 
     guardians, advocates, or authorized representatives, and 
     other appropriate individuals, with respect to activities 
     carried out through the grant.

       ``(B) Implementing entity.--The Governor may designate an 
     agency, office, or other entity to carry out State activities 
     under this section (referred to in this section as the 
     `implementing entity'), if such implementing entity is 
     different from the lead agency. The implementing entity shall 
     carry out responsibilities under this Act through a 
     subcontract or another administrative agreement with the lead 
     agency.
       ``(C) Change in agency or entity.--
       ``(i) In general.--On obtaining the approval of the 
     Secretary--

       ``(I) the Governor may redesignate the lead agency of a 
     State, if the Governor shows to the Secretary good cause why 
     the agency designated as the lead agency should not serve as 
     that agency; and
       ``(II) the Governor may redesignate the implementing entity 
     of a State, if the Governor shows to the Secretary in 
     accordance with subsection (d)(2)(B), good cause why the 
     entity designated as the implementing entity should not serve 
     as that entity.

       ``(ii) Construction.--Nothing in this paragraph shall be 
     construed to require the Governor of a State to change the 
     lead agency or implementing entity of the State to an agency 
     other than the lead agency or implementing entity of such 
     State as of the date of enactment of the Assistive Technology 
     Act of 2004 (Public Law 108-364; 118 Stat. 1707).
       ``(2) Advisory council.--
       ``(A) In general.--There shall be established an advisory 
     council to provide consumer-responsive, consumer-driven 
     advice to the State for planning of, implementation of, and 
     evaluation of the activities carried out through the grant, 
     including setting the measurable goals described in 
     subsection (d)(3)(C).
       ``(B) Composition and representation.--
       ``(i) Composition.--The advisory council shall be composed 
     of--

       ``(I) individuals with disabilities who use assistive 
     technology, including older individuals, or the family 
     members or guardians of the individuals;
       ``(II) a representative of the designated State agency, as 
     defined in section 7 of the Rehabilitation Act of 1973 (29 
     U.S.C. 705) and the State agency for individuals who are 
     blind (within the meaning of section 101 of that Act (29 
     U.S.C. 721)), if such agency is separate;
       ``(III) a representative of a State center for independent 
     living described in part C of title VII of the Rehabilitation 
     Act of 1973 (29 U.S.C. 796f et seq.) or the Statewide 
     Independent Living Council established under section 705 of 
     such Act (29 U.S.C. 796d);
       ``(IV) a representative of the State workforce development 
     board established under section 101 of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3111);
       ``(V) a representative of the State educational agency, as 
     defined in section 8101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801);
       ``(VI) a representative of an alternative financing program 
     for assistive technology if--

       ``(aa) there is an alternative financing program for 
     assistive technology in the State;
       ``(bb) such program is separate from the State assistive 
     technology program supported under subsection (e)(2); and
       ``(cc) the program described in item (aa) is operated by a 
     nonprofit entity;

       ``(VII) representatives of other State agencies, public 
     agencies, or private organizations, as determined by the 
     State; and
       ``(VIII) a representative of 1 or more of the following:

       ``(aa) The agency responsible for administering the State 
     Medicaid program under title XIX of the Social Security Act 
     (42 U.S.C. 1396 et seq.).
       ``(bb) The designated State agency for purposes of section 
     124 of the Developmental Disabilities Assistance and Bill of 
     Rights Act of 2000 (42 U.S.C. 15024).
       ``(cc) The State agency designated under section 305(a)(1) 
     of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(1)) or 
     an organization that receives assistance under such Act (42 
     U.S.C. 3001 et seq.).
       ``(dd) An organization representing disabled veterans.
       ``(ee) A University Center for Excellence in Developmental 
     Disabilities Education, Research, and Service designated 
     under section 151(a) of the Developmental Disabilities 
     Assistance and Bill of Rights Act of 2000 (42 U.S.C. 
     15061(a)).
       ``(ff) The State protection and advocacy system established 
     in accordance with section 143 of the Developmental 
     Disabilities Assistance and Bill of Rights Act of 2000 (42 
     U.S.C. 15043).
       ``(gg) The State Council on Developmental Disabilities 
     established under section 125 of the Developmental 
     Disabilities Assistance and Bill of Rights Act of 2000 (42 
     U.S.C. 15025).
       ``(ii) Majority.--

       ``(I) In general.--Not less than 51 percent of the members 
     of the advisory council shall be members appointed under 
     clause (i)(I), a majority of whom shall be individuals with 
     disabilities.
       ``(II) Representatives of agencies.--Members appointed 
     under subclauses (II) through (VIII) of clause (i) shall not 
     count toward the majority membership requirement established 
     in subclause (I).

       ``(iii) Representation.--The advisory council shall be 
     geographically representative of the State and reflect the 
     diversity of the State with respect to race, ethnicity, types 
     of disabilities across the age span, and users of types of 
     services that an individual with a disability may receive.
       ``(C) Expenses.--The members of the advisory council shall 
     receive no compensation for their service on the advisory 
     council, but shall be reimbursed for reasonable and necessary 
     expenses actually incurred in the performance of official 
     duties for the advisory council.
       ``(D) Impact on existing statutes, rules, or policies.--
     Nothing in this paragraph shall be construed to affect State 
     statutes, rules, or official policies relating to advisory 
     bodies for State assistive technology programs or require 
     changes to governing bodies of incorporated agencies that 
     carry out State assistive technology programs.
       ``(d) Application.--
       ``(1) In general.--Any State that desires to receive a 
     grant under this section shall submit an application to the 
     Secretary, at such time, in such manner, and containing such 
     information as the Secretary may require.
       ``(2) Lead agency and implementing entity.--
       ``(A) In general.--The application shall contain--
       ``(i) information identifying and describing the lead 
     agency referred to in subsection (c)(1)(A);
       ``(ii) information identifying and describing the 
     implementing entity referred to in subsection (c)(1)(B), if 
     the Governor of the State designates such an entity; and
       ``(iii) a description of how individuals with disabilities 
     were involved in the development of the application and will 
     be involved in the implementation of the activities to be 
     carried out through the grant and through the advisory 
     council established in accordance with subsection (c)(2).
       ``(B) Change in lead agency or implementing entity.--In any 
     case where--
       ``(i) the Governor requests to redesignate a lead agency, 
     the Governor shall include in, or amend, the application to 
     request the redesignation and provide a written description 
     of the rationale for why the agency designated as the lead 
     agency should not serve as that agency; or
       ``(ii) the Governor requests to redesignate an implementing 
     entity, the Governor shall include in, or amend, the 
     application to request the redesignation and provide a 
     written description of the rationale for why the entity 
     designated as the implementing entity should not serve as 
     that entity.
       ``(3) State plan.--The application under this subsection 
     shall include a State plan for assistive technology 
     consisting of--
       ``(A) a description of how the State will carry out a 
     statewide continuum of integrated assistive technology 
     activities described in subsection (e) (unless excluded by 
     the State pursuant to subsection (e)(6));
       ``(B) a description of how the State will allocate and 
     utilize grant funds to implement the activities, including 
     describing proposed budget allocations and planned procedures 
     for tracking expenditures for the activities;
       ``(C) measurable goals, and a timeline for meeting the 
     goals, that the State has set for addressing the assistive 
     technology needs of

[[Page S5317]]

     individuals with disabilities in the State related to--
       ``(i) education, including goals involving the provision of 
     assistive technology to individuals with disabilities who 
     receive services under the Individuals with Disabilities 
     Education Act (20 U.S.C. 1400 et seq.);
       ``(ii) employment, including goals involving the State 
     vocational rehabilitation program carried out under title I 
     of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.);
       ``(iii) access to tele-assistive technology to aid in the 
     access of health care services, including mental health and 
     substance use disorder;
       ``(iv) accessible information and communication technology 
     training; and
       ``(v) community living;
       ``(D) information describing how the State will 
     quantifiably measure the goals to determine whether the goals 
     have been achieved in a manner consistent with the data 
     submitted through the progress reports under subsection (f); 
     and
       ``(E) a description of any activities described in 
     subsection (e) that the State will support with State or non-
     Federal funds.
       ``(4) Involvement of public and private entities.--The 
     application shall describe how various public and private 
     entities were involved in the development of the application 
     and will be involved in the implementation of the activities 
     to be carried out through the grant, including--
       ``(A) in cases determined to be appropriate by the State, a 
     description of the nature and extent of resources that will 
     be committed by public and private collaborators to assist in 
     accomplishing identified goals; and
       ``(B) a description of the mechanisms established to ensure 
     coordination of activities and collaboration between the 
     implementing entity, if any, and the State.
       ``(5) Assurances.--The application shall include assurances 
     that--
       ``(A) the State will annually collect data related to the 
     required activities implemented by the State under this 
     section in order to prepare the progress reports required 
     under subsection (f);
       ``(B) funds received through the grant--
       ``(i) will be expended in accordance with this section; and
       ``(ii) will be used to supplement, and not supplant, funds 
     available from other sources for technology-related 
     assistance, including the provision of assistive technology 
     devices and assistive technology services;
       ``(C) the lead agency will control and administer the funds 
     received through the grant;
       ``(D) the State will adopt such fiscal control and 
     accounting procedures as may be necessary to ensure proper 
     disbursement of and accounting for the funds received through 
     the grant;
       ``(E) the physical facility of the lead agency and 
     implementing entity, if any, meets the requirements of the 
     Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
     seq.) regarding accessibility for individuals with 
     disabilities;
       ``(F) a public agency or an individual with a disability 
     holds title to any property purchased with funds received 
     under the grant and administers that property;
       ``(G) activities carried out in the State that are 
     authorized under this Act, and supported by Federal funds 
     received under this Act, will comply with the standards 
     established by the Architectural and Transportation Barriers 
     Compliance Board under section 508 of the Rehabilitation Act 
     of 1973 (29 U.S.C. 794d); and
       ``(H) the State will--
       ``(i) prepare reports to the Secretary in such form and 
     containing such information as the Secretary may require to 
     carry out the Secretary's functions under this Act; and
       ``(ii) keep such records and allow access to such records 
     as the Secretary may require to ensure the correctness and 
     verification of information provided to the Secretary under 
     this subparagraph.
       ``(e) Use of Funds.--
       ``(1) Required activities.--
       ``(A) In general.--Except as provided in subparagraph (B) 
     and paragraph (6), any State that receives a grant under this 
     section shall--
       ``(i) use a portion of not more than 40 percent of the 
     funds made available through the grant to carry out all 
     activities described in paragraph (3), of which not less than 
     5 percent of such portion shall be available for activities 
     described in paragraph (3)(A)(iii); and
       ``(ii) use a portion of the funds made available through 
     the grant to carry out all of the activities described in 
     paragraph (2).
       ``(B) State or non-federal financial support.--A State 
     receiving a grant under this section shall not be required to 
     use grant funds to carry out the category of activities 
     described in subparagraph (A), (B), (C), or (D) of paragraph 
     (2) if, in that State--
       ``(i) financial support is provided from State or other 
     non-Federal resources or entities for that category of 
     activities; and
       ``(ii) the amount of the financial support is comparable 
     to, or greater than, the amount of the portion of the funds 
     made available through the grant that the State would have 
     expended for that category of activities, in the absence of 
     this subparagraph.
       ``(2) State-level activities.--
       ``(A) State financing activities.--The State shall support 
     State financing activities to increase access to, and funding 
     for, assistive technology devices and assistive technology 
     services (which shall not include direct payment for such a 
     device or service for an individual with a disability but may 
     include support and administration of a program to provide 
     such payment), including development of systems to provide 
     and pay for such devices and services, for targeted 
     individuals and entities described in section 3(16)(A), 
     including--
       ``(i) support for the development of systems for the 
     purchase, lease, or other acquisition of, or payment for, 
     assistive technology devices and assistive technology 
     services;
       ``(ii) another mechanism that is approved by the Secretary; 
     or
       ``(iii) support for the development of a State-financed or 
     privately financed alternative financing program engaged in 
     the provision of assistive technology devices, such as--

       ``(I) a low-interest loan fund;
       ``(II) an interest buy-down program;
       ``(III) a revolving loan fund; or
       ``(IV) a loan guarantee or insurance program.

       ``(B) Device reutilization programs.--The State shall 
     directly, or in collaboration with public or private 
     entities, carry out assistive technology device reutilization 
     programs that provide for the exchange, repair, recycling, or 
     other reutilization of assistive technology devices, which 
     may include redistribution through device sales, loans, 
     rentals, or donations.
       ``(C) Device loan programs.--The State shall directly, or 
     in collaboration with public or private entities, carry out 
     device loan programs that provide short-term loans of 
     assistive technology devices to individuals, employers, 
     public agencies, or others seeking to meet the needs of 
     targeted individuals and entities, including others seeking 
     to comply with the Individuals with Disabilities Education 
     Act (20 U.S.C. 1400 et seq.), the Americans with Disabilities 
     Act of 1990 (42 U.S.C. 12101 et seq.), and section 504 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 794).
       ``(D) Device demonstrations.--
       ``(i) In general.--The State shall directly, or in 
     collaboration with public and private entities, such as one-
     stop partners, as defined in section 3 of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3102), demonstrate 
     a variety of assistive technology devices and assistive 
     technology services (including assisting individuals in 
     making informed choices regarding, and providing experiences 
     with, the devices and services), using personnel who are 
     familiar with such devices and services and their 
     applications.
       ``(ii) Comprehensive information.--The State shall 
     directly, or through referrals, provide to individuals, to 
     the extent practicable, comprehensive information about State 
     and local assistive technology venders, providers, and repair 
     services.
       ``(3) State leadership activities.--
       ``(A) Training and technical assistance.--
       ``(i) In general.--The State shall (directly or through the 
     provision of support to public or private entities with 
     demonstrated expertise in collaborating with public or 
     private agencies that serve individuals with disabilities) 
     develop and disseminate training materials, conduct training, 
     and provide technical assistance, for individuals from local 
     settings statewide, including representatives of State and 
     local educational agencies, State vocational rehabilitation 
     programs, other State and local agencies, early intervention 
     programs, adult service programs, hospitals and other health 
     care facilities, institutions of higher education, and 
     businesses.
       ``(ii) Authorized activities.--In carrying out activities 
     under clause (i), the State shall carry out activities that 
     enhance the knowledge, skills, and competencies of 
     individuals from local settings described in such clause, 
     which may include--

       ``(I) general awareness training on the benefits of 
     assistive technology and the Federal, State, and private 
     funding sources available to assist targeted individuals, 
     especially older individuals and transition-age youth with 
     disabilities, and entities in acquiring assistive technology;
       ``(II) skills-development training in assessing the need 
     for assistive technology devices and assistive technology 
     services;
       ``(III) training to ensure the appropriate application and 
     use of assistive technology devices, assistive technology 
     services, and accessible information and communication 
     technology for e-government functions;
       ``(IV) training in the importance of multiple approaches to 
     assessment and implementation necessary to meet the 
     individualized needs of individuals with disabilities and 
     older individuals; and
       ``(V) technical training on integrating assistive 
     technology into the development and implementation of service 
     plans, including any education, health, discharge, Olmstead, 
     employment, or other plan required under Federal or State 
     law.

       ``(iii) Transition assistance to individuals with 
     disabilities.--The State shall (directly or through the 
     provision of support to public or private entities) develop 
     and disseminate training materials, conduct training, 
     facilitate access to assistive technology, and provide 
     technical assistance, to assist--

       ``(I) students with disabilities, within the meaning of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1400 
     et seq.), that receive transition services; and
       ``(II) adults who are individuals with disabilities 
     maintaining or transitioning to community living.

       ``(B) Public-awareness activities.--

[[Page S5318]]

       ``(i) In general.--The State shall conduct public-awareness 
     activities designed to provide information to targeted 
     individuals, including older individuals and transition-age 
     youth with disabilities, and entities relating to the 
     availability, benefits, appropriateness, and costs of 
     assistive technology devices and assistive technology 
     services, including--

       ``(I) the development of procedures for providing direct 
     communication between providers of assistive technology and 
     targeted individuals and entities, which may include 
     partnerships with entities in the statewide and local 
     workforce development systems established under the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), 
     State vocational rehabilitation programs, public and private 
     employers, or elementary and secondary public schools;
       ``(II) the development and dissemination to targeted 
     individuals, including older individuals and transition-age 
     youth with disabilities, and entities, of information about 
     State efforts related to assistive technology; and
       ``(III) the distribution of materials to appropriate public 
     and private agencies that provide social, medical, 
     educational, employment, and transportation services to 
     individuals with disabilities.

       ``(ii) Statewide information and referral system.--

       ``(I) In general.--The State shall directly, or in 
     collaboration with public or private (such as nonprofit) 
     entities, provide for the continuation and enhancement of a 
     statewide information and referral system designed to meet 
     the needs of targeted individuals and entities.
       ``(II) Content.--The system shall deliver information on 
     assistive technology devices, assistive technology services 
     (with specific data regarding provider availability within 
     the State), and the availability of resources, including 
     funding through public and private sources, to obtain 
     assistive technology devices and assistive technology 
     services. The system shall also deliver information on the 
     benefits of assistive technology devices and assistive 
     technology services with respect to enhancing the capacity of 
     individuals with disabilities of all ages to perform 
     activities of daily living.

       ``(C) Coordination and collaboration.--The State shall 
     coordinate activities described in paragraph (2) and this 
     paragraph, among public and private entities that are 
     responsible for policies, procedures, or funding for the 
     provision of assistive technology devices and assistive 
     technology services to individuals with disabilities, service 
     providers, and others to improve access to assistive 
     technology devices and assistive technology services for 
     individuals with disabilities of all ages in the State.
       ``(4) Indirect costs.--Not more than 10 percent of the 
     funds made available through a grant to a State under this 
     section may be used for indirect costs.
       ``(5) Funding rules.--
       ``(A) Prohibition.--Funds made available through a grant to 
     a State under this section shall not be used for direct 
     payment for an assistive technology device for an individual 
     with a disability.
       ``(B) Federal partner collaboration.--In order to provide 
     the maximum availability of funding to access and acquire 
     assistive technology through device demonstration, loan, 
     reuse, and State financing activities, a State receiving a 
     grant under this section shall ensure that the lead agency or 
     implementing entity is conducting outreach to and, as 
     appropriate, collaborating with, other State agencies that 
     receive Federal funding for assistive technology, including--
       ``(i) the State educational agency receiving assistance 
     under the Individuals with Disabilities Education Act (20 
     U.S.C. 1400 et seq.);
       ``(ii) the State vocational rehabilitation agency receiving 
     assistance under title I of the Rehabilitation Act of 1973 
     (29 U.S.C. 720 et seq.);
       ``(iii) the agency responsible for administering the State 
     Medicaid program under title XIX of the Social Security Act 
     (42 U.S.C. 1396 et seq.);
       ``(iv) the State agency receiving assistance under the 
     Older Americans Act of 1965 (42 U.S.C. 3001 et seq.); and
       ``(v) any other agency in a State that funds assistive 
     technology.
       ``(6) State flexibility.--
       ``(A) In general.--Notwithstanding paragraph (1)(A) and 
     subject to subparagraph (B), a State may use funds that the 
     State receives under a grant awarded under this section to 
     carry out any 2 or more of the activities described in 
     paragraph (2).
       ``(B) Special rule.--Notwithstanding paragraph (1)(A), any 
     State that exercises its authority under subparagraph (A)--
       ``(i) shall carry out each of the required activities 
     described in paragraph (3); and
       ``(ii) shall use not more than 30 percent of the funds made 
     available through the grant to carry out such activities.
       ``(7) Assistive technology device disposition.--
     Notwithstanding other equipment disposition policy under 
     Federal law, an assistive technology device purchased to be 
     used in activities authorized under this section may be 
     reutilized to the maximum extent possible and then donated to 
     a public agency, private nonprofit agency, or individual with 
     a disability in need of such device.
       ``(f) Annual Progress Reports.--
       ``(1) Data collection.--Each State receiving a grant under 
     this section shall participate in data collection as required 
     by law, including data collection required for preparation of 
     the reports described in paragraph (2).
       ``(2) Reports.--
       ``(A) In general.--Each State shall prepare and submit to 
     the Secretary an annual progress report on the activities 
     carried out by the State in accordance with subsection (e), 
     including activities funded by State or non-Federal sources 
     under subsection (e)(1)(B) at such time, and in such manner, 
     as the Secretary may require.
       ``(B) Contents.--The report shall include data collected 
     pursuant to this section. The report shall document, with 
     respect to activities carried out under this section in the 
     State--
       ``(i) the type of State financing activities described in 
     subsection (e)(2)(A) used by the State;
       ``(ii) the amount and type of assistance given to consumers 
     of the State financing activities described in subsection 
     (e)(2)(A) (which shall be classified by type of assistive 
     technology device or assistive technology service financed 
     through the State financing activities, and geographic 
     distribution within the State), including--

       ``(I) the number of applications for assistance received;
       ``(II) the number of applications--

       ``(aa) approved;
       ``(bb) denied; or
       ``(cc) withdrawn;

       ``(III) the number, percentage, and dollar amount of 
     defaults for the financing activities;
       ``(IV) the range and average interest rate for the 
     financing activities;
       ``(V) the range and average income of approved applicants 
     for the financing activities; and
       ``(VI) the types and dollar amounts of assistive technology 
     financed;

       ``(iii) the number, type, and length of time of loans of 
     assistive technology devices provided to individuals with 
     disabilities, employers, public agencies, or public 
     accommodations through the device loan program described in 
     subsection (e)(2)(C), and an analysis of the individuals with 
     disabilities who have benefited from the device loan program;
       ``(iv) the number, type, estimated value, and scope of 
     assistive technology devices exchanged, repaired, recycled, 
     or reutilized (including redistributed through device sales, 
     loans, rentals, or donations) through the device 
     reutilization program described in subsection (e)(2)(B), and 
     an analysis of the individuals with disabilities that have 
     benefited from the device reutilization program;
       ``(v) the number and type of device demonstrations and 
     referrals provided under subsection (e)(2)(D), and an 
     analysis of individuals with disabilities who have benefited 
     from the demonstrations and referrals;
       ``(vi)(I) the number and general characteristics of 
     individuals who participated in training under subsection 
     (e)(3)(A) (such as individuals with disabilities, parents, 
     educators, employers, providers of employment services, 
     health care workers, counselors, other service providers, or 
     venders) and the topics of such training; and
       ``(II) to the extent practicable, the geographic 
     distribution of individuals who participated in the training;
       ``(vii) the frequency of provision and nature of technical 
     assistance provided to State and local agencies and other 
     entities;
       ``(viii) the number of individuals assisted through the 
     statewide information and referral system described in 
     subsection (e)(3)(B)(ii) and descriptions of the public 
     awareness activities under subsection (e)(3)(B) with high 
     impact;
       ``(ix) the outcomes of any improvement initiatives carried 
     out by the State as a result of activities funded under this 
     section, including a description of any written policies, 
     practices, and procedures that the State has developed and 
     implemented regarding access to, provision of, and funding 
     for, assistive technology devices, and assistive technology 
     services, in the contexts of education, health care, 
     employment, community living, and accessible information and 
     communication technology, including e-government;
       ``(x) the source of leveraged funding or other contributed 
     resources, including resources provided through subcontracts 
     or other collaborative resource-sharing agreements, from and 
     with public and private entities to carry out State 
     activities described in subsection (e)(3)(C), the number of 
     individuals served with the contributed resources for which 
     information is not reported under clauses (i) through (ix) or 
     clause (xi), and other outcomes accomplished as a result of 
     such activities carried out with the contributed resources; 
     and
       ``(xi) the level of customer satisfaction with the services 
     provided.

     ``SEC. 5. GRANTS FOR PROTECTION AND ADVOCACY SERVICES RELATED 
                   TO ASSISTIVE TECHNOLOGY.

       ``(a) Grants.--
       ``(1) In general.--The Secretary shall make grants under 
     subsection (b) to protection and advocacy systems in each 
     State for the purpose of enabling such systems to assist in 
     the acquisition, utilization, or maintenance of assistive 
     technology devices or assistive technology services for 
     individuals with disabilities.
       ``(2) General authorities.--In providing such assistance, 
     protection and advocacy systems shall have the same general 
     authorities as the systems are afforded under subtitle C of 
     title I of the Developmental Disabilities Assistance and Bill 
     of Rights Act of

[[Page S5319]]

     2000 (42 U.S.C. 15041 et seq.), as determined by the 
     Secretary.
       ``(b) Reservation; Distribution.--
       ``(1) Reservation.--For each fiscal year, the Secretary 
     shall reserve, from the amounts made available to carry out 
     this section under section 9(b)(2)(B), such sums as may be 
     necessary to carry out paragraph (4).
       ``(2) Population basis.--From the funds appropriated for 
     this section for a fiscal year and remaining after the 
     reservation required by paragraph (1) has been made, the 
     Secretary shall make a grant to a protection and advocacy 
     system within each State in an amount bearing the same ratio 
     to the remaining funds as the population of the State bears 
     to the population of all States.
       ``(3) Minimums.--Subject to the availability of 
     appropriations and paragraph (5), the amount of a grant to a 
     protection and advocacy system under paragraph (2) for a 
     fiscal year shall--
       ``(A) in the case of a protection and advocacy system 
     located in American Samoa, Guam, the United States Virgin 
     Islands, or the Commonwealth of the Northern Mariana Islands, 
     not be less than $30,000; and
       ``(B) in the case of a protection and advocacy system 
     located in a State not described in subparagraph (A), not be 
     less than $50,000.
       ``(4) Payment to the system serving the american indian 
     consortium.--
       ``(A) In general.--The Secretary shall make grants to the 
     protection and advocacy system serving the American Indian 
     Consortium to provide services in accordance with this 
     section.
       ``(B) Amount of grants.--The amount of such grants shall be 
     the same as the amount provided under paragraph (3)(A).
       ``(5) Adjustments.--For each fiscal year in which the total 
     amount appropriated under section 9(b)(2)(B) to carry out 
     this section is $8,000,000 or more and such appropriated 
     amount exceeds the total amount appropriated to carry out 
     this section in the preceding fiscal year, the Secretary 
     shall increase each of the minimum grant amounts described in 
     subparagraphs (A) and (B) of paragraph (3) by a percentage 
     equal to the percentage increase in the total amount 
     appropriated under section 9 to carry out this section for 
     the preceding fiscal year and such total amount for the 
     fiscal year for which the determination is being made.
       ``(c) Direct Payment.--Notwithstanding any other provision 
     of law, the Secretary shall pay directly to any protection 
     and advocacy system that complies with this section, the 
     total amount of the grant made for such system under this 
     section, unless the system provides otherwise for payment of 
     the grant amount.
       ``(d) Carryover; Program Income.--
       ``(1) Carryover.--Any amount paid to an eligible system for 
     a fiscal year under this section that remains unobligated at 
     the end of such fiscal year shall remain available to such 
     system for obligation during the subsequent fiscal year.
       ``(2) Program income.--Program income generated from any 
     amount paid to an eligible system for a fiscal year shall--
       ``(A) remain available to the eligible system until 
     expended and be considered an addition to the grant; and
       ``(B) only be used to improve the awareness of individuals 
     with disabilities about the accessibility of assistive 
     technology and assist such individuals in the acquisition, 
     utilization, or maintenance of assistive technology devices 
     or assistive technology services.
       ``(e) Report to Secretary.--An entity that receives a grant 
     under this section shall annually prepare and submit to the 
     Secretary a report that contains such information as the 
     Secretary may require, including documentation of the 
     progress of the entity in--
       ``(1) conducting consumer-responsive activities, including 
     activities that will lead to increased access for individuals 
     with disabilities, to funding for assistive technology 
     devices and assistive technology services;
       ``(2) engaging in informal advocacy to assist in securing 
     assistive technology devices and assistive technology 
     services for individuals with disabilities;
       ``(3) engaging in formal representation for individuals 
     with disabilities to secure systems change, and in advocacy 
     activities to secure assistive technology devices and 
     assistive technology services for individuals with 
     disabilities;
       ``(4) developing and implementing strategies to enhance the 
     long-term abilities of individuals with disabilities and 
     their family members, guardians, advocates, and authorized 
     representatives to advocate the provision of assistive 
     technology devices and assistive technology services to which 
     the individuals with disabilities are entitled under law 
     other than this Act;
       ``(5) coordinating activities with protection and advocacy 
     services funded through sources other than this Act, and 
     coordinating activities with the capacity building and 
     advocacy activities carried out by the lead agency; and
       ``(6) effectively allocating funds made available under 
     this section to improve the awareness of individuals with 
     disabilities about the accessibility of assistive technology 
     and assist such individuals in the acquisition, utilization, 
     or maintenance of assistive technology devices or assistive 
     technology services.
       ``(f) Reports and Updates to State Agencies.--An entity 
     that receives a grant under this section shall prepare and 
     submit to the lead agency of the State designated under 
     section 4(c)(1) the report described in subsection (e) and 
     quarterly updates concerning the activities described in such 
     subsection.
       ``(g) Coordination.--On making a grant under this section 
     to an entity in a State, the Secretary shall solicit and 
     consider the opinions of the lead agency of the State with 
     respect to efforts at coordination of activities, 
     collaboration, and promoting outcomes between the lead agency 
     and the entity that receives the grant under this section.

     ``SEC. 6. TECHNICAL ASSISTANCE AND DATA COLLECTION SUPPORT.

       ``(a) Definitions.--In this section:
       ``(1) Qualified data collection and reporting entity.--The 
     term `qualified data collection and reporting entity' means 
     an entity with demonstrated expertise in data collection and 
     reporting as described in section 4(f)(2)(B), in order to--
       ``(A) provide recipients of grants under this Act with 
     training and technical assistance; and
       ``(B) assist such recipients with data collection and data 
     requirements.
       ``(2) Qualified protection and advocacy system technical 
     assistance provider.--The term `qualified protection and 
     advocacy system technical assistance provider' means an 
     entity that has experience in--
       ``(A) working with protection and advocacy systems 
     established in accordance with section 143 of the 
     Developmental Disabilities Assistance and Bill of Rights Act 
     of 2000 (42 U.S.C. 15043); and
       ``(B) providing technical assistance to protection and 
     advocacy agencies.
       ``(3) Qualified training and technical assistance 
     provider.--The term `qualified training and technical 
     assistance provider' means an entity with demonstrated 
     expertise in assistive technology and that has (directly or 
     through grant or contract)--
       ``(A) experience and expertise in administering programs, 
     including developing, implementing, and administering all of 
     the activities described in section 4(e); and
       ``(B) documented experience in and knowledge about--
       ``(i) assistive technology device loan and demonstration;
       ``(ii) assistive technology device reuse;
       ``(iii) financial loans and microlending, including the 
     activities of alternative financing programs for assistive 
     technology; and
       ``(iv) State leadership activities.
       ``(b) Technical Assistance and Data Collection Support 
     Authorized.--
       ``(1) Support for assistive technology training and 
     technical assistance.--From amounts made available under 
     section 9(b)(1), the Secretary shall award, on a competitive 
     basis--
       ``(A) 1 grant, contract, or cooperative agreement to a 
     qualified training and technical assistance provider to 
     support activities described in subsection (d)(1) for States 
     receiving grants under section 4; and
       ``(B) 1 grant, contract, or cooperative agreement to a 
     qualified protection and advocacy system technical assistance 
     provider to support activities described in subsection (d)(1) 
     for protection and advocacy systems receiving grants under 
     section 5.
       ``(2) Support for data collection and reporting 
     assistance.--From amounts made available under section 
     9(b)(1), the Secretary shall award, on a competitive basis--
       ``(A) 1 grant, contract, or cooperative agreement to a 
     qualified data collection and reporting entity, to enable the 
     qualified data collection and reporting entity to carry out 
     the activities described in subsection (d)(2) for States 
     receiving grants under section 4; and
       ``(B) 1 grant, contract, or cooperative agreement to a 
     qualified protection and advocacy system technical assistance 
     provider, to enable the eligible protection and advocacy 
     system to carry out the activities described in subsection 
     (d)(2) for protection and advocacy systems receiving grants 
     under section 5.
       ``(c) Application.--
       ``(1) In general.--To be eligible to receive a grant, 
     contract, or cooperative agreement under this section, an 
     entity shall submit an application to the Secretary at such 
     time, in such manner, and containing such information as the 
     Secretary may require.
       ``(2) Input.--In awarding grants, contracts, or cooperative 
     agreements under this section and in reviewing the activities 
     proposed under the applications described in paragraph (1), 
     the Secretary shall consider the input of the recipients of 
     grants under sections 4 and 5 and other individuals the 
     Secretary determines to be appropriate, especially--
       ``(A) individuals with disabilities who use assistive 
     technology and understand the barriers to the acquisition of 
     such technology and assistive technology services;
       ``(B) family members, guardians, advocates, and authorized 
     representatives of such individuals;
       ``(C) relevant employees from Federal departments and 
     agencies, other than the Department of Health and Human 
     Services;
       ``(D) representatives of businesses; and
       ``(E) venders and public and private researchers and 
     developers.
       ``(d) Authorized Activities.--
       ``(1) Use of funds for assistive technology training and 
     technical assistance.--
       ``(A) Training and technical assistance efforts.--A 
     qualified training and technical assistance provider or 
     qualified protection and advocacy system technical assistance

[[Page S5320]]

     provider receiving a grant, contract, or cooperative 
     agreement under subsection (b)(1) shall support a training 
     and technical assistance program for States or protection and 
     advocacy systems receiving a grant under section 4 or 5, 
     respectively, that--
       ``(i) addresses State-specific information requests 
     concerning assistive technology from entities funded under 
     this Act and public entities not funded under this Act, 
     including--

       ``(I) requests for information on effective approaches to 
     Federal-State coordination of programs for individuals with 
     disabilities related to improving funding for or access to 
     assistive technology devices and assistive technology 
     services for individuals with disabilities of all ages;
       ``(II) requests for state-of-the-art, or model, Federal, 
     State, and local laws, regulations, policies, practices, 
     procedures, and organizational structures, that facilitate, 
     and overcome barriers to, funding for, and access to, 
     assistive technology devices and assistive technology 
     services;
       ``(III) requests for information on effective approaches to 
     developing, implementing, evaluating, and sustaining 
     activities described in section 4 or 5, as the case may be, 
     and related to improving acquisition and access to assistive 
     technology devices and assistive technology services for 
     individuals with disabilities of all ages, and requests for 
     assistance in developing corrective action plans;
       ``(IV) requests for examples of policies, practices, 
     procedures, regulations, or judicial decisions that have 
     enhanced or may enhance access to and acquisition of 
     assistive technology devices and assistive technology 
     services for individuals with disabilities;
       ``(V) requests for information on effective approaches to 
     the development of consumer-controlled systems that increase 
     access to, funding for, and awareness of, assistive 
     technology devices and assistive technology services; and
       ``(VI) other requests for training and technical assistance 
     from entities funded under this Act;

       ``(ii) in the case of a program that will serve States 
     receiving grants under section 4--

       ``(I) assists targeted individuals and entities by 
     disseminating information and responding to requests relating 
     to assistive technology by providing referrals to recipients 
     of grants under section 4 or other public or private 
     resources; and
       ``(II) provides State-specific, regional, and national 
     training and technical assistance concerning assistive 
     technology to entities funded under this Act, other entities 
     funded under this Act, and public and private entities not 
     funded under this Act, including--

       ``(aa) annually providing a forum for exchanging 
     information concerning, and promoting program and policy 
     improvements in, required activities of the State assistive 
     technology programs;
       ``(bb) facilitating onsite and electronic information 
     sharing using state-of-the-art Internet technologies such as 
     real-time online discussions, multipoint video conferencing, 
     and web-based audio or video broadcasts, on emerging topics 
     that affect State assistive technology programs;
       ``(cc) convening experts from State assistive technology 
     programs to discuss and make recommendations with regard to 
     national emerging issues of importance to individuals with 
     assistive technology needs;
       ``(dd) sharing best practice and evidence-based practices 
     among State assistive technology programs;
       ``(ee) maintaining an accessible website that includes 
     links to State assistive technology programs, appropriate 
     Federal departments and agencies, and private associations;
       ``(ff) developing a resource that connects individuals from 
     a State with the State assistive technology program in their 
     State;
       ``(gg) providing access to experts in the areas of 
     assistive technology device loan and demonstration, assistive 
     technology device reuse, State financing, banking, 
     microlending, and finance, for entities funded under this 
     Act, through site visits, teleconferences, and other means, 
     to ensure access to information for entities that are 
     carrying out new programs or programs that are not making 
     progress in achieving the objectives of the programs; and
       ``(hh) supporting and coordinating activities designed to 
     reduce the financial costs of purchasing assistive technology 
     for the activities described in section 4(e), and reducing 
     duplication of activities among State assistive technology 
     programs; and
       ``(iii) includes such other activities as the Secretary may 
     require.
       ``(B) Collaboration.--In developing and providing training 
     and technical assistance under this paragraph, a qualified 
     training and technical assistance provider or qualified 
     protection and advocacy system technical assistance provider 
     shall--
       ``(i) collaborate with--

       ``(I) organizations representing individuals with 
     disabilities;
       ``(II) national organizations representing State assistive 
     technology programs;
       ``(III) organizations representing State officials and 
     agencies engaged in the delivery of assistive technology;
       ``(IV) other qualified data collection and reporting 
     entities and technical assistance providers;
       ``(V) providers of State financing activities, including 
     alternative financing programs for assistive technology;
       ``(VI) providers of device loans, device demonstrations, 
     and device reutilization; and
       ``(VII) any other organizations determined appropriate by 
     the provider or the Secretary; and

       ``(ii) in the case of a qualified training and technical 
     assistance provider, include activities identified as 
     priorities by State advisory councils and lead agencies and 
     implementing entities for grants under section 4.
       ``(2) Use of funds for assistive technology data collection 
     and reporting assistance.--A qualified data collection and 
     reporting entity or a qualified protection and advocacy 
     system technical assistance provider receiving a grant, 
     contract, or cooperative agreement under subsection (b)(2) 
     shall assist States or protection and advocacy systems 
     receiving a grant under section 4 or 5, respectively, to 
     develop and implement effective and accessible data 
     collection and reporting systems that--
       ``(A) focus on quantitative and qualitative data elements;
       ``(B) help measure the accrued benefits of the activities 
     to individuals who need assistive technology; and
       ``(C) in the case of systems that will serve States 
     receiving grants under section 4--
       ``(i) measure the outcomes of all activities described in 
     section 4(e) and the progress of the States toward achieving 
     the measurable goals described in section 4(d)(3)(C); and
       ``(ii) provide States with the necessary information 
     required under this Act or by the Secretary for reports 
     described in section 4(f)(2).

     ``SEC. 7. PROJECTS OF NATIONAL SIGNIFICANCE.

       ``(a) Definition of Project of National Significance.--In 
     this section, the term `project of national significance'--
       ``(1) means a project that--
       ``(A) increases access to, and acquisition of, assistive 
     technology; and
       ``(B) creates opportunities for individuals with 
     disabilities to directly and fully contribute to, and 
     participate in, all facets of education, employment, 
     community living, and recreational activities; and
       ``(2) may--
       ``(A) develop and expand partnerships between State 
     Medicaid agencies and recipients of grants under section 4 to 
     reutilize durable medical equipment;
       ``(B) increase collaboration between the recipients of 
     grants under section 4 and States receiving grants under the 
     Money Follows the Person Rebalancing Demonstration under 
     section 6071 of the Deficit Reduction Act of 2005 (42 U.S.C. 
     1396a note);
       ``(C) increase collaboration between recipients of grants 
     under section 4 and area agencies on aging, as such term is 
     defined in section 102 of the Older Americans Act of 1965 (42 
     U.S.C. 3002), which may include collaboration on emergency 
     preparedness, safety equipment, or assistive technology 
     toolkits;
       ``(D) provide aid to assist youth with disabilities 
     (including youth with intellectual and developmental 
     disabilities) to transition from school to adult life, 
     especially in--
       ``(i) finding employment and postsecondary education 
     opportunities; and
       ``(ii) upgrading and changing any assistive technology 
     devices that may be needed as a youth matures;
       ``(E) increase access to and acquisition of assistive 
     technology addressing the needs of aging individuals and 
     aging caregivers in the community;
       ``(F) increase effective and efficient use of assistive 
     technology as part of early intervention for infants and 
     toddlers with disabilities from birth to age 3;
       ``(G) increase awareness of and access to the Disability 
     Funds-Financial Assistance funding provided by the Community 
     Development Financial Institutions Fund that supports 
     acquisition of assistive technology; and
       ``(H) increase awareness of and access to other federally 
     funded disability programs or increase knowledge of assistive 
     technology, as determined appropriate by the Secretary.
       ``(b) Projects Authorized.--If funds are available pursuant 
     to section 9(c) to carry out this section for a fiscal year, 
     the Secretary may award, on a competitive basis, grants, 
     contracts, and cooperative agreements to public or private 
     nonprofit entities to enable the entities to carry out 
     projects of national significance.
       ``(c) Application.--A public or private nonprofit entity 
     desiring a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require.
       ``(d) Award Basis.--
       ``(1) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to a public or private 
     nonprofit entity funded under section 4 or 5 for the most 
     recent award period.
       ``(2) Preference.--For each grant award period, the 
     Secretary may give preference for 1 or more categories of 
     projects of national significance described in subparagraphs 
     (A) through (H) of subsection (a)(2) or another category 
     identified by the Secretary, if the Secretary determines that 
     there is a reason to prioritize that category of project.
       ``(e) Minimum Funding Level Required.--The Secretary may 
     only award grants, contracts, or cooperative agreements under 
     this section if the amount made available under section 9 to 
     carry out sections 4, 5, and 6 is equal to or greater than 
     $49,000,000.

     ``SEC. 8. ADMINISTRATIVE PROVISIONS.

       ``(a) General Administration.--

[[Page S5321]]

       ``(1) In general.--Notwithstanding any other provision of 
     law, the Administrator of the Administration for Community 
     Living shall be responsible for the administration of this 
     Act.
       ``(2) Collaboration.--The Administrator of the 
     Administration for Community Living shall consult with the 
     Office of Special Education Programs of the Department of 
     Education, the Rehabilitation Services Administration of the 
     Department of Education, the Office of Disability Employment 
     Policy of the Department of Labor, the National Institute on 
     Disability, Independent Living, and Rehabilitation Research, 
     and other appropriate Federal entities in the administration 
     of this Act.
       ``(3) Administration.--
       ``(A) In general.--In administering this Act, the 
     Administrator of the Administration for Community Living 
     shall ensure that programs funded under this Act will 
     address--
       ``(i) the needs of individuals with all types of 
     disabilities and across the lifespan; and
       ``(ii) the use of assistive technology in all potential 
     environments, including employment, education, and community 
     living, or for other reasons.
       ``(B) Funding limitations.--For each fiscal year, not more 
     than \1/2\ of 1 percent of the total funding appropriated for 
     this Act shall be used by the Administrator of the 
     Administration for Community Living to support the 
     administration of this Act.
       ``(b) Review of Participating Entities.--
       ``(1) In general.--The Secretary shall assess the extent to 
     which entities that receive grants under this Act are 
     complying with the applicable requirements of this Act and 
     achieving measurable goals that are consistent with the 
     requirements of the grant programs under which the entities 
     received the grants.
       ``(2) Provision of information.--To assist the Secretary in 
     carrying out the responsibilities of the Secretary under this 
     section, the Secretary may require States to provide relevant 
     information, including the information required under 
     subsection (d).
       ``(c) Corrective Action and Sanctions.--
       ``(1) Corrective action.--If the Secretary determines that 
     an entity that receives a grant under this Act fails to 
     substantially comply with the applicable requirements of this 
     Act, or to make substantial progress toward achieving the 
     measurable goals described in subsection (b)(1) with respect 
     to the grant program, the Secretary shall assist the entity, 
     through technical assistance funded under section 6 or other 
     means, within 90 days after such determination, to develop a 
     corrective action plan.
       ``(2) Sanctions.--If the entity fails to develop and comply 
     with a corrective action plan described in paragraph (1) 
     during a fiscal year, the entity shall be subject to 1 of the 
     following corrective actions selected by the Secretary:
       ``(A) Partial or complete termination of funding under the 
     grant program, until the entity develops and complies with 
     such a plan.
       ``(B) Ineligibility to participate in the grant program in 
     the following year.
       ``(C) Reduction in the amount of funding that may be used 
     for indirect costs under section 4 for the following year.
       ``(D) Required redesignation of the lead agency designated 
     under section 4(c)(1) or an entity responsible for 
     administering the grant program.
       ``(3) Appeals procedures.--The Secretary shall establish 
     appeals procedures for entities that are determined to be in 
     noncompliance with the applicable requirements of this Act, 
     or have not made substantial progress toward achieving the 
     measurable goals described in subsection (b)(1).
       ``(4) Secretarial action.--As part of the annual report 
     required under subsection (d), the Secretary shall describe 
     each such action taken under paragraph (1) or (2) and the 
     outcomes of each such action.
       ``(5) Public notification.--The Secretary shall notify the 
     public, by posting on the internet website of the Department 
     of Health and Human Services, of each action taken by the 
     Secretary under paragraph (1) or (2). As a part of such 
     notification, the Secretary shall describe each such action 
     taken under paragraph (1) or (2) and the outcomes of each 
     such action.
       ``(d) Annual Report to Congress.--
       ``(1) In general.--Not later than December 31 of each year, 
     the Secretary shall prepare, and submit to the President and 
     to the Committee on Health, Education, Labor, and Pensions of 
     the Senate and the Committee on Education and Labor of the 
     House of Representatives, a report on the activities funded 
     under this Act to improve the access of assistive technology 
     devices and assistive technology services to individuals with 
     disabilities.
       ``(2) Contents.--Such report shall include--
       ``(A) a compilation and summary of the information provided 
     by the States in annual progress reports submitted under 
     section 4(f); and
       ``(B) a summary of the State applications described in 
     section 4(d) and an analysis of the progress of the States in 
     meeting the measurable goals established in State 
     applications under section 4(d)(3)(C).
       ``(e) Construction.--Nothing in this section shall be 
     construed to affect the enforcement authority of the 
     Secretary, another Federal officer, or a court under part D 
     of the General Education Provisions Act (20 U.S.C. 1234 et 
     seq.) or other applicable law.
       ``(f) Effect on Other Assistance.--This Act may not be 
     construed as authorizing a Federal or State agency to reduce 
     medical or other assistance available, or to alter 
     eligibility for a benefit or service, under any other Federal 
     law.

     ``SEC. 9. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS AND 
                   DISTRIBUTION OF FUNDS.

       ``(a) In General.--There are authorized to be appropriated 
     to carry out this Act--
       ``(1) $60,000,000 for fiscal year 2023; and
       ``(2) such sums as may be necessary for each of fiscal 
     years 2024 through 2027.
       ``(b) Reservations and Distribution of Funds.--Of the funds 
     made available under subsection (a) to carry out this Act and 
     subject to subsection (c), the Secretary shall--
       ``(1) reserve an amount equal to 3 percent of such 
     available funds to carry out section 6(b)(1) and section 
     6(b)(2); and
       ``(2) of the amounts remaining after the reservation under 
     paragraph (1)--
       ``(A) use 85.5 percent of such amounts to carry out section 
     4; and
       ``(B) use 14.5 percent of such amounts to carry out section 
     5.
       ``(c) Limit for Projects of National Significance.--In any 
     fiscal year for which the amount made available under 
     subsection (a) exceeds $49,000,000 the Secretary may reserve 
     an amount, which shall not exceed the lesser of the excess 
     amount made available or $2,000,000, for section 7 before 
     carrying out subsection (b).''.

     SEC. _03. EFFECTIVE DATE.

       This title, and the amendments made by this title, shall 
     take effect on the day that is 6 months after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 5839. Ms. STABENOW submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1064. STUDY ON FEASIBILITY OF GATHERING DEMOGRAPHIC 
                   INFORMATION ON MIDDLE EASTERN AND NORTH AFRICAN 
                   (MENA) PERSONNEL.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Under Secretary of Defense for 
     Personnel and Readiness shall submit to the Committee on 
     Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives a report including 
     the findings of a study on the feasibility of gathering more 
     demographic information on Middle Eastern and North African 
     (MENA) members of the Armed Forces and Department of Defense 
     civilian employees.
       (b) Elements.--The study required under subsection (a) 
     shall cover the following topics:
       (1) How non-MENA White and MENA members of the Armed Forces 
     and Department of Defense civilian employees perceive the 
     racial status of MENA traits, and how MENA members of the 
     Armed Forces and Department of Defense civilian employees 
     identify themselves (self-identification).
       (2) Whether, if given the option, MENA individuals self-
     identify as MENA or as MENA and White, including by 
     disaggregating the data by first-generation, second-
     generation, and later generation individuals, and by Muslim 
     population.
       (3) Whether inclusion of MENA as a standalone racial 
     category would allow the Armed Forces to gather data more 
     accurately on MENA members of the Armed Forces and Department 
     of Defense civilian employees.
                                 ______
                                 
  SA 5840. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. ___. ADDITIONAL AMOUNT FOR F-35 C2D2.

       (a) Sense of Congress.--In is the sense of Congress that--
       (1) the F-35 Joint Strike Fighter Program Office is 
     investigating the expanded use of commercial digital 
     microelectronics engineering practices to enable affordably 
     sustainable and agilely modernizable systems;
       (2) the effort of the recent Joint Strike Fighter Digital 
     Microelectronics Engineering pilot project which showed a 
     significant reduction in risk to flight test while providing 
     100 percent coverage and requirements traceability within the 
     verification test plan is to be commended;

[[Page S5322]]

       (3) the move from manual data collection and analysis to 
     21st century commercial, advanced verification methodologies 
     is long overdue; and
       (4) the Joint Strike Fighter Program Office and the Service 
     Joint Strike Fighter Transition Program Offices should apply 
     commercial digital microelectronics engineering best 
     practices, to be executed exclusively by companies accredited 
     by the Department of Defense as trusted suppliers, to all 
     future Joint Strike Fighter acquisition, sustainment, 
     modernization, and diminishing manufacturing sources and 
     materials shortages (DMSMS) efforts to achieve improved life-
     cycle-costs and capability delivery.
       (b) Additional Amount.--The amount authorized to be 
     appropriated for fiscal year 2023 by section 201 for 
     research, development, test, and evaluation is hereby 
     increased by $20,000,000, with the amount of the increase to 
     be available for F-35 C2D2 (PE 0604840F).
                                 ______
                                 
  SA 5841. Mr. GRAHAM (for himself and Mr. Blumenthal) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1239. CONDEMNATION OF RUSSIA'S ATTEMPTS TO CLAIM 
                   SOVEREIGNTY OVER ANY PORTION OF UKRAINE.

       (a) Findings.--Congress finds the following:
       (1) The Russian Federation violated the sovereignty of 
     Ukraine beginning with the illegal annexation of Crimea and 
     its invasion into eastern Ukraine.
       (2) Beginning in February 2022, the Russian Federation 
     sought to further violate Ukraine's sovereignty by launching 
     unprovoked military action against Ukraine.
       (3) On September 22, 2022, the North Atlantic Treaty 
     Organization condemned the then upcoming referenda stating 
     that the ``[s]ham referenda in the Donetsk, Luhansk, 
     Zaporizhzhia, and Kherson regions of Ukraine have no 
     legitimacy and will be a blatant violation of the UN Charter. 
     NATO Allies will not recognize their illegal and illegitimate 
     annexation. These lands are Ukraine. We call on all states to 
     reject Russia's blatant attempts at territorial conquest''.
       (4) On September 23, 2022, President Joseph R. Biden 
     stated, ``The United States will never recognize Ukrainian 
     territory as anything other than part of Ukraine.''.
       (5) Beginning on September 23, 2022, Russia conducted sham 
     referenda in 4 Ukrainian regions (Donetsk, Luhansk, Kherson, 
     and Zaporizhzhia) in an attempt to validate Moscow's illegal 
     annexation of the territory.
       (6) Published reports indicate that--
       (A) Ukrainians have been forced to vote in the sham 
     referenda ``under a gun barrel''; and
       (B) Russian officials have visited schools, hospitals, and 
     other workplaces to force Ukrainians to vote in favor of 
     annexation.
       (7) The Kremlin has stated that once the sham referenda are 
     concluded, the process of absorbing the annexed areas into 
     Russia will be completed ``promptly''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States should refuse to recognize any claim 
     of sovereignty by the Russian Federation over any portion of 
     Ukraine;
       (2) the recent sham referenda beginning on September 23, 
     2022, directed by the Government of the Russian Federation, 
     violates international law; and
       (3) President Biden should restrict all economic and 
     military aid and assistance to any nation that recognizes 
     Russian sovereignty over any portion of Ukraine.
                                 ______
                                 
  SA 5842. Mr. BLUNT submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 906. ESTABLISHMENT OF OFFICE OF STRATEGIC CAPITAL.

       (a) In General.--Chapter 4 of title 10, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 148. Office of Strategic Capital

       ``(a) Establishment.--There is in the Office of the 
     Secretary of Defense an office to be known as the Office of 
     Strategic Capital (in this section referred to as the 
     `Office').
       ``(b) Director.--The Office shall be headed by a Director 
     (in this section referred to as the `Director'), who shall be 
     appointed by the Secretary of Defense from among employees of 
     the Department of Defense in Senior Executive Service 
     positions (as defined in section 3132 of title 5).
       ``(c) Duties.--The Office shall--
       ``(1) identify, accelerate, and sustain the establishment, 
     research, development, construction, procurement, leasing, 
     consolidation, alteration, improvement, or repair of tangible 
     and intangible assets vital to national security;
       ``(2) protect vital tangible and intangible assets from 
     theft, acquisition, and transfer by the People's Republic of 
     China, the Russian Federation, and other countries that are 
     adversaries of the United States; and
       ``(3) provide capital assistance to eligible entities 
     engaged in eligible investments.
       ``(d) Applications.--
       ``(1) In general.--An eligible entity seeking capital 
     assistance for an eligible investment shall submit to the 
     Director an application at such time, in such manner, and 
     containing such information as the Director may require.
       ``(2) Preliminary rating opinion letter.--
       ``(A) In general.--Except as provided by subparagraph (B), 
     an application submitted under paragraph (1) seeking capital 
     assistance for an eligible investment shall include a 
     preliminary rating opinion letter from at least one rating 
     agency indicating that the senior obligations of the 
     investment have the potential to achieve an investment-grade 
     rating.
       ``(B) Exceptions.--The Director may waive the requirement 
     under subparagraph (A) with respect to an investment if it is 
     not possible to obtain a preliminary rating opinion letter 
     with respect to the investment.
       ``(e) Selection of Investments.--The Director shall 
     establish criteria for selecting among eligible investments 
     for which applications are submitted under subsection (d). 
     Such criteria shall include--
       ``(1) the extent to which an investment is significant to 
     the national security of the United States;
       ``(2) the creditworthiness of an investment; and
       ``(3) the likelihood that capital assistance provided for 
     an investment would enable the investment to proceed sooner 
     than the investment would otherwise be able to proceed.
       ``(f) Capital Assistance.--
       ``(1) Loans and loan guarantees.--
       ``(A) In general.--The Office may provide loans or loan 
     guarantees to finance or refinance the costs of an eligible 
     investment selected pursuant to subsection (e).
       ``(B) Investment-grade rating required.--
       ``(i) In general.--Except as provided by clause (ii), a 
     loan or loan guarantee may be provided under subparagraph (A) 
     only with respect to an investment that receives an 
     investment-grade rating from a rating agency.
       ``(ii) Exception.--The Director may waive the requirement 
     under clause (i) with respect to an investment if--

       ``(I) it is not possible to obtain a preliminary rating 
     opinion letter with respect to the investment; and
       ``(II) the investment is determined by the Secretary of 
     Defense to be vital to the national security of the United 
     States.

       ``(C) Security.--A loan provided under subparagraph (A) is 
     required--
       ``(i) to be payable, in whole or in part, from tolls, user 
     fees, or other dedicated revenue sources; and
       ``(ii) to include a rate covenant, coverage requirement, or 
     similar security feature supporting investment obligations.
       ``(D) Administration of loans.--
       ``(i) Interest rate.--

       ``(I) In general.--Except as provided by subclause (II), 
     the interest rate on a loan provided under subparagraph (A) 
     shall be not less than the yield on marketable United States 
     Treasury securities of a similar maturity to the maturity of 
     the loan on the date of execution of the loan agreement.
       ``(II) Exception.--The Director may waive the requirement 
     under subclause (I) with respect to an investment if the 
     investment is determined by the Secretary of Defense to be 
     vital to the national security of the United States.

       ``(ii) Final maturity date.--The final maturity date of a 
     loan provided under subparagraph (A) shall be not later than 
     35 years after the date of substantial completion of the 
     investment for which the loan was provided.
       ``(iii) Prepayment.--A loan provided under subparagraph (A) 
     may be paid earlier than is provided for under the loan 
     agreement without a penalty.
       ``(iv) Capital reserve subsidy amount.--The Director of the 
     Office of Management and Budget and the rating agencies shall 
     determine the appropriate capital reserve subsidy amount for 
     each loan provided under subparagraph (A).
       ``(v) Nonsubordination.--A loan provided under subparagraph 
     (A) shall not be subordinated to the claims of any holder of 
     investment obligations in the event of bankruptcy, 
     insolvency, or liquidation of the obligor.
       ``(vi) Sale of loans.--After substantial completion of an 
     investment for which a loan is provided under subparagraph 
     (A) and after notifying the obligor, the Director may sell to 
     another entity or reoffer into the capital markets a loan for 
     the investment if the Director determines that the sale or 
     reoffering can be made on favorable terms.

[[Page S5323]]

       ``(vii) Loan guarantees.--If the Director determines that 
     the holder of a loan guaranteed by the Office defaults on the 
     loan, the Director shall pay the holder as specified in the 
     loan guarantee agreement.
       ``(viii) Terms and conditions.--Loans and loan guarantees 
     provided under subparagraph (A) shall be subject to such 
     other terms and conditions and contain such other covenants, 
     representations, warranties, and requirements (including 
     requirements for audits) as the Director determines 
     appropriate.
       ``(ix) Applicability of federal credit reform act of 
     1990.--Loans and loan guarantees provided under subparagraph 
     (A) shall be subject to the requirements of the Federal 
     Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
       ``(2) Equity investments.--
       ``(A) In general.--The Director may, as a minority 
     investor, support an eligible investment selected pursuant to 
     subsection (e) with funds or use other mechanisms for the 
     purpose of purchasing, and may make and fund commitments to 
     purchase, invest in, make pledges in respect of, or otherwise 
     acquire, equity or quasi-equity securities or shares or 
     financial interests of the eligible entity receiving support 
     for the eligible investment, including as a limited partner 
     or other investor in investment funds, upon such terms and 
     conditions as the Director may determine.
       ``(B) Sales and liquidation of position.--The Office shall 
     seek to sell and liquidate any support for an investment 
     provided under subparagraph (A) as soon as commercially 
     feasible, commensurate with other similar investors in the 
     investment and taking into consideration the national 
     security interests of the United States.
       ``(3) Insurance and reinsurance.--The Director may issue 
     insurance or reinsurance, upon such terms and conditions as 
     the Director may determine, to an eligible entity for an 
     eligible investment selected pursuant to subsection (e) 
     assuring protection of the investments of the entity in whole 
     or in part against any or all political risks such as 
     currency inconvertibility and transfer restrictions, 
     expropriation, war, terrorism, civil disturbance, breach of 
     contract, or nonhonoring of financial obligations.
       ``(4) Technical assistance.--The Director shall provide 
     technical assistance with respect to developing and financing 
     investments to eligible entities seeking capital assistance 
     for eligible investments and eligible entities receiving 
     capital assistance under this subsection.
       ``(5) Terms and conditions.--
       ``(A) Fees.--The Director may charge fees for the provision 
     of capital assistance under this subsection to cover the 
     costs to the Office of providing such assistance.
       ``(B) Amount of capital assistance.--The Director shall 
     provide to an eligible investment selected pursuant to 
     subsection (e) the minimum amount of assistance necessary to 
     carry out the investment.
       ``(C) Use of united states dollar.--All financial 
     transactions conducted under this subsection shall be 
     conducted in United States dollars, unless the Director 
     approves of the use of another currency.
       ``(g) Corporate Funds.--
       ``(1) Corporate capital account.--There is established in 
     the Treasury of the United States a fund to be known as the 
     `Office of Strategic Capital Capital Account' (in this 
     subsection referred to as the `Capital Account') to carry out 
     the purposes of the Office.
       ``(2) Funding.--The Capital Account shall consist of--
       ``(A) fees charged and collected pursuant to paragraph (3);
       ``(B) any amounts received pursuant to paragraph (6);
       ``(C) investments and returns on such investments pursuant 
     to paragraph (7);
       ``(D) amounts appropriated pursuant to the authorization of 
     appropriations under paragraph (8);
       ``(E) payments received in connection with settlements of 
     all insurance and reinsurance claims of the Office; and
       ``(F) all other collections transferred to or earned by the 
     Office, excluding the cost, as defined in section 502 of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661a), of loans 
     and loan guaranties.
       ``(3) Fee authority.--Fees may be charged and collected for 
     providing capital assistance in amounts to be determined by 
     the Director. The Director shall establish the amount of such 
     fees at an amount sufficient to cover all or a portion of the 
     costs to the Office of providing capital assistance.
       ``(4) Use of funds.--
       ``(A) In general.--Subject to appropriations Acts, the 
     Director is authorized to pay, from amounts in the Capital 
     Account--
       ``(i) the cost, as defined in section 502 of the Federal 
     Credit Reform Act of 1990 (2 U.S.C. 661a), of loans and loan 
     guarantees and other capital assistance; and
       ``(ii) administrative expenses of the Office.
       ``(B) Income and revenue.--In order to carry out the 
     purposes of the Office, all collections transferred to or 
     earned by the Office (excluding the cost, as defined in 
     section 502 of the Federal Credit Reform Act of 1990 (2 
     U.S.C. 661a), of loans and loan guaranties) shall be 
     deposited into the Capital Account and shall be available to 
     carry out its purpose, including--
       ``(i) payment of all insurance and reinsurance claims of 
     the Office;
       ``(ii) repayments to the Treasury of amounts borrowed under 
     paragraph (5); and
       ``(iii) dividend payments to the Treasury under paragraph 
     (6).
       ``(5) Full faith and credit.--
       ``(A) In general.--All capital assistance provided by the 
     Office shall constitute obligations of the United States, and 
     the full faith and credit of the United States is hereby 
     pledged for the full payment and performance of such 
     obligations.
       ``(B) Authority to borrow.--The Director is authorized to 
     borrow from the Treasury such sums as may be necessary to 
     fulfill such obligations of the United States and any such 
     borrowing shall be at a rate determined by the Secretary of 
     the Treasury, taking into consideration the current average 
     market yields on outstanding marketable obligations of the 
     United States of comparable maturities, for a period jointly 
     determined by the Director and the Secretary of Defense, and 
     subject to such terms and conditions as the Secretary may 
     require.
       ``(6) Dividends.--The Director, in consultation with the 
     Director of the Office of Management and Budget, shall 
     annually assess a dividend payment to the Treasury if the 
     Office's insurance portfolio is more than 100 percent 
     reserved.
       ``(7) Investment authority.--
       ``(A) In general.--The Director may request the Secretary 
     of the Treasury to invest such portion of the Capital Account 
     as is not, in the Director's judgment, required to meet the 
     current needs of the Capital Account.
       ``(B) Form of investments.--Investments described in 
     subparagraph (A) shall be made by the Secretary of the 
     Treasury in public debt obligations, with maturities suitable 
     to the needs of the Capital Account, as determined by the 
     Director, and bearing interest at rates determined by the 
     Secretary, taking into consideration current market yields on 
     outstanding marketable obligations of the United States of 
     comparable maturities.
       ``(8) Authorization of appropriations.--
       ``(A) In general.--There are authorized to be appropriated 
     to the Capital Account--
       ``(i) for fiscal year 2023, $20,000,000;
       ``(ii) for fiscal year 2024, $30,000,000;
       ``(iii) for fiscal year 2025, $40,000,000; and
       ``(iv) for fiscal year 2026 and each fiscal year 
     thereafter, $50,000,000.
       ``(B) Availability of amounts.--Amounts appropriated 
     pursuant to the authorization of appropriations under 
     subparagraph (A) shall remain available until expended.
       ``(9) Collections subject to appropriations acts.--Interest 
     earnings made pursuant to paragraph (6), earnings collected 
     related to equity investments, and other amounts (excluding 
     fees related to insurance or reinsurance) collected, may not 
     be collected for any fiscal year except to the extent 
     provided in advance in appropriations Acts.
       ``(h) Regulations.--The Secretary of Defense shall 
     prescribe such regulations as are necessary to carry out this 
     section.
       ``(i) Annual Report.--Not later than December 31 of each 
     year, the Secretary of Defense shall submit to the 
     congressional defense committees an annual report describing 
     the activities of the Office in the preceding fiscal year and 
     the goals of the Office for the next fiscal year.
       ``(j) Definitions.--In this section:
       ``(1) Capital assistance.--The term `capital assistance' 
     means loans, loan guarantees, equity investments, insurance 
     and reinsurance, or technical assistance provided under 
     subsection (f).
       ``(2) Eligible entity.--The term `eligible entity' means--
       ``(A) an individual;
       ``(B) a corporation;
       ``(C) a partnership, including a public-private 
     partnership;
       ``(D) a joint venture;
       ``(E) a trust;
       ``(F) a State, including a political subdivision or any 
     other instrumentality of a State;
       ``(G) a Tribal government or consortium of Tribal 
     governments;
       ``(H) any other governmental entity or public agency in the 
     United States, including a special purpose district or public 
     authority, including a port authority; or
       ``(I) a multi-State or multi-jurisdictional group of public 
     entities.
       ``(3) Eligible investment.--The term `eligible investment' 
     means an investment that facilitates the efforts of the 
     Office--
       ``(A) to identify, accelerate, and sustain the 
     establishment, research, development, construction, 
     procurement, leasing, consolidation, alteration, improvement, 
     or repair of tangible and intangible assets vital to national 
     security; or
       ``(B) to protect vital tangible and intangible assets from 
     theft, acquisition, and transfer by the People's Republic of 
     China, the Russian Federation, and other countries that are 
     adversaries of the United States.
       ``(4) Investment-grade rating.--The term `investment-grade 
     rating' means a rating of BBB minus, Baa3, bbb minus, BBB 
     (low), or higher assigned by a rating agency to investment 
     obligations.
       ``(5) Obligor.--The term `obligor' means a party that is 
     primarily liable for payment of the principal of or interest 
     on a loan.
       ``(6) Rating agency.--The term `rating agency' means a 
     credit rating agency registered with the Securities and 
     Exchange Commission as a nationally recognized statistical 
     rating organization (as that term is defined in section 3(a) 
     of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).

[[Page S5324]]

       ``(7) Subsidy amount.--The term `subsidy amount' means the 
     amount of budget authority sufficient to cover the estimated 
     long-term cost to the Federal Government of a loan--
       ``(A) calculated on a net present value basis; and
       ``(B) excluding administrative costs and any incidental 
     effects on governmental receipts or outlays in accordance 
     with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et 
     seq.).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 4 of such title is amended by adding at 
     the end the following new item:

``148. Office of Strategic Capital.''.
                                 ______
                                 
  SA 5843. Mr. GRAHAM submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1064. PASSPORT AGENCY LOCATION STUDY AND REPORT.

       (a) Study.--The Secretary of State, in consultation with 
     key government officials, to the extent necessary, shall 
     conduct a study to determine the feasibility of establishing 
     a new physical passport agency to facilitate and process in-
     person passport appointments in South Carolina.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of State shall submit a 
     report to the Committee on Appropriations of the Senate and 
     the Committee on Appropriations of the House of 
     Representatives that contains--
       (1) the comprehensive results and conclusions of the study 
     conducted pursuant to subsection (a);
       (2) a recommendation regarding whether a physical passport 
     agency should be established in South Carolina;
       (3) if the Secretary recommends establishing a physical 
     passport agency in South Carolina--
       (A) a detailed plan for such agency;
       (B) the costs associated with establishing such agency; and
       (C) a timeline outlining the process for establishing such 
     agency, including the estimated date when such agency could 
     become fully operational; and
       (4) if the Secretary recommends not establishing a physical 
     passport agency in South Carolina--
       (A) a detailed explanation of the factors behind such 
     determination;
       (B) a detailed plan addressing how in-person passport 
     appointment backlogs will be prevented; and
       (C) an estimate of the number of United States citizens who 
     will be unable to have their passport processed before their 
     scheduled overseas trip due to the failure to establish a 
     physical passport agency in South Carolina.
                                 ______
                                 
  SA 5844. Mr. GRAHAM (for himself and Mr. Menendez) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1550. IRAN NUCLEAR WEAPONS CAPABILITY MONITORING ACT OF 
                   2022.

       (a) Short Title.--This section may be cited as the ``Iran 
     Nuclear Weapons Capability Monitoring Act of 2022''.
       (b) Findings.--Congress makes the following findings:
       (1) In the late 1980s, the Islamic Republic of Iran 
     established the AMAD Project with the intent to manufacture 5 
     nuclear weapons and prepare an underground nuclear test site.
       (2) Since at least 2002, the Islamic Republic of Iran has 
     advanced its nuclear and ballistic missile programs, posing 
     serious threats to the security interests of the United 
     States, Israel, and other allies and partners.
       (3) In 2002, nuclear facilities in Natanz and Arak, Iran, 
     were revealed to the public by the National Council of 
     Resistance of Iran.
       (4) On April 11, 2006, the Islamic Republic of Iran 
     announced that it had enriched uranium for the first time to 
     a level close to 3.5 percent at the Natanz Pilot Fuel 
     Enrichment Plant, Natanz, Iran.
       (5) On December 23, 2006, the United Nations Security 
     Council adopted Resolution 1737 (2006), which imposed 
     sanctions with respect to the Islamic Republic of Iran for 
     its failure to suspend enrichment activities.
       (6) The United Nations Security Council subsequently 
     adopted Resolutions 1747 (2007), 1803 (2008), and 1929 
     (2010), all of which targeted the nuclear program of and 
     imposed additional sanctions with respect to the Islamic 
     Republic of Iran.
       (7) On February 3, 2009, the Islamic Republic of Iran 
     announced that it had launched its first satellite, which 
     raised concern over the applicability of the satellite to the 
     ballistic missile program.
       (8) In September 2009, the United States, the United 
     Kingdom, and France revealed the existence of the clandestine 
     Fordow Fuel Enrichment Plant in Iran, years after 
     construction started on the plant.
       (9) In 2010, the Islamic Republic of Iran reportedly had 
     enriched uranium to a level of 20 percent.
       (10) On March 9, 2016, the Islamic Republic of Iran 
     launched 2 variations of the Qadr medium-range ballistic 
     missile.
       (11) On January 28, 2017, the Islamic Republic of Iran 
     conducted a test of a medium-range ballistic missile, which 
     traveled an estimated 600 miles and provides the Islamic 
     Republic of Iran the capability to threaten military 
     installations of the United States in the Middle East.
       (12) In 2018, Israel seized a significant portion of the 
     nuclear archive of the Islamic Republic of Iran, which 
     contained tens of thousands of files and compact discs 
     relating to past efforts at nuclear weapon design, 
     development, and manufacturing by the Islamic Republic of 
     Iran, including such efforts occurring after 2003.
       (13) On September 27, 2018, Israel revealed the existence 
     of a secret warehouse housing radioactive material in the 
     Turquz Abad district in Tehran, and an inspection of the 
     warehouse by the International Atomic Energy Agency detected 
     radioactive particles, which the Government of the Islamic 
     Republic of Iran failed to adequately explain.
       (14) On June 19, 2020, the International Atomic Energy 
     Agency adopted Resolution GOV/2020/34 expressing ``serious 
     concern. . . that Iran has not provided access to the Agency 
     under the Additional Protocol to two locations''.
       (15) On January 8, 2020, an Iranian missile struck an Iraqi 
     military base where members of the United States Armed Forces 
     were stationed, resulting in 11 of such members being treated 
     for injuries.
       (16) On April 17, 2021, the International Atomic Energy 
     Agency verified that the Islamic Republic of Iran had begun 
     to enrich uranium to 60 percent purity.
       (17) On August 14, 2021, President of Iran Hassan Rouhani 
     stated that ``Iran's Atomic Energy Organization can enrich 
     uranium by 20 percent and 60 percent and if one day our 
     reactors need it, it can enrich uranium to 90 percent 
     purity''.
       (18) According to the International Institute for Strategic 
     Studies, the Islamic Republic of Iran has ``between six and 
     eight liquid-fuel ballistic missiles and up to 12 solid-fuel 
     systems'' as of 2021.
       (19) On November 9, 2021, the Islamic Republic of Iran 
     completed Zolfaghar-1400, a 3-day war game that included 
     conventional navy, army, air force, and air defense forces 
     testing cruise missiles, torpedoes, and suicide drones in the 
     Strait of Hormuz, the Gulf of Oman, the Red Sea, and the 
     Indian Ocean.
       (20) On December 20, 2021, the Islamic Republic of Iran 
     commenced a 5-day drill in which it launched a number of 
     short- and long-range ballistic missiles that it claimed 
     could destroy Israel, constituting an escalation in the 
     already genocidal rhetoric of the Islamic Republic of Iran 
     toward Israel.
       (21) On January 24, 2022, Houthi rebels, backed by the 
     Islamic Republic of Iran, fired 2 missiles at Al Dhafra Air 
     Base in the United Arab Emirates, which hosts around 2,000 
     members of the Armed Forces of the United States.
       (22) On January 31, 2022, surface-to-air interceptors of 
     the United Arab Emirates shot down a Houthi missile fired at 
     the United Arab Emirates during a visit by President of 
     Israel Isaac Herzog, the first-ever visit of an Israeli 
     President to the United Arab Emirates.
       (23) On February 9, 2022, the Islamic Republic of Iran 
     unveiled a new surface-to-surface missile, named ``Kheibar 
     Shekan'', which has a reported range of 900 miles (1450 
     kilometers) and is capable of penetrating missile shields.
       (24) On March 13, 2022, the Islamic Republic of Iran 
     launched 12 missiles into Erbil, Iraq, which struck near a 
     consulate building of the United States.
       (25) On April 17, 2022, the Islamic Republic of Iran 
     confirmed the relocation of a production facility for 
     advanced centrifuges from an aboveground facility at Karaj, 
     Iran, to the fortified underground Natanz Enrichment Complex.
       (26) On April 19, 2022, the Department of State released a 
     report stating that there are ``serious concerns'' about 
     ``possible undeclared nuclear material and activities in 
     Iran''.
       (27) On May 30, 2022, the International Atomic Energy 
     Agency reported that the Islamic Republic of Iran had 
     achieved a stockpile of 43.3 kilograms, equivalent to 95.5 
     pounds, of 60 percent highly enriched uranium, roughly enough 
     material for a nuclear weapon.
       (28) On June 8, 2022, the Islamic Republic of Iran turned 
     off surveillance cameras installed by the International 
     Atomic Energy Agency to monitor uranium enrichment activities 
     at nuclear sites in the country.
       (c) Sense of Congress.--It is the sense of Congress that--

[[Page S5325]]

       (1) the Department of State has used evidence of the intent 
     of the Islamic Republic of Iran to advance a nuclear program 
     to secure the support of the international community in 
     passing and implementing United Nations Security Council 
     Resolutions on the Islamic Republic of Iran;
       (2) intelligence agencies have compiled evidence of the 
     intent of the Islamic Republic of Iran to advance a nuclear 
     program, with direct evidence of an active nuclear weapons 
     program prior to 2003;
       (3) an Islamic Republic of Iran that possesses a nuclear 
     weapons capability would be a serious threat to the national 
     security of the United States, Israel, and other allies and 
     partners;
       (4) the Islamic Republic of Iran has been less than 
     cooperative with international inspectors from the 
     International Atomic Energy Agency and has obstructed their 
     ability to inspect numerous nuclear facilities across Iran;
       (5) the Islamic Republic of Iran continues to advance its 
     nuclear weapons and missile programs, which are a threat to 
     the national security of the United States, Israel, and other 
     allies and partners; and
       (6) all possible action should be taken by the United 
     States--
       (A) to ensure that the Islamic Republic of Iran does not 
     develop a nuclear weapons capability; and
       (B) to protect against aggression from the Islamic Republic 
     of Iran manifested in its missiles program.
       (d) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Appropriations, the Committee on Armed Services, the 
     Committee on Energy and Natural Resources, and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Appropriations, the Committee on Armed Services, the 
     Committee on Energy and Commerce, and the Permanent Select 
     Committee on Intelligence of the House of Representatives.
       (2) Comprehensive safeguards agreement.--The term 
     ``Comprehensive Safeguards Agreement'' means the Agreement 
     between the Islamic Republic of Iran and the International 
     Atomic Energy Agency for the Application of Safeguards in 
     Connection with the Treaty on the Non-Proliferation of 
     Nuclear Weapons, done at Vienna June 19, 1973.
       (3) Task force.--The term ``task force'' means the task 
     force established under subsection (e).
       (4) Unmanned aircraft system.--The term ``unmanned aircraft 
     system'' has the meaning given the term in section 44801 of 
     title 49, United States Code.
       (e) Establishment of Interagency Task Force on Nuclear 
     Activity in the Islamic Republic of Iran.--
       (1) Establishment.--The Secretary of State shall establish 
     a task force to consolidate and synthesize efforts by the 
     United States Government to monitor and assess nuclear 
     weapons activity being carried out by the Islamic Republic of 
     Iran or its proxies.
       (2) Composition.--
       (A) Chairperson.--The Secretary of State shall be the 
     Chairperson of the task force.
       (B) Membership.--
       (i) In general.--The task force shall be composed of 
     individuals, each of whom shall be an employee of and 
     appointed to the task force by the head of one of the 
     following agencies:

       (I) The Department of State.
       (II) The Office of the Director of National Intelligence.
       (III) The Department of Defense.
       (IV) The Department of Energy.
       (V) The Central Intelligence Agency.

       (ii) Additional members.--The Chairperson may appoint to 
     the task force additional individuals from other Federal 
     agencies, as the Chairperson considers necessary.
       (f) Reports to Congress.--
       (1) Report on nuclear activity.--
       (A) In general.--Not later than 120 days after the date of 
     the enactment of this Act, and every 120 days thereafter 
     until December 31, 2028, the Secretary of State, in 
     consultation with the task force, shall submit to the 
     appropriate congressional committees a report on nuclear 
     activity in the Islamic Republic of Iran.
       (B) Contents.--The report required by subparagraph (A) 
     shall include--
       (i) a description and location of current fuel cycle 
     activities for the production of fissile material being 
     undertaken by the Islamic Republic of Iran, including--

       (I) research and development activities to procure or 
     construct additional advanced IR-2, IR-6 and other model 
     centrifuges and enrichment cascades, including for stable 
     isotopes;
       (II) research and development of reprocessing capabilities, 
     including--

       (aa) reprocessing of spent fuel; and
       (bb) extraction of medical isotopes from irradiated uranium 
     targets;

       (III) activities with respect to designing or constructing 
     reactors, including--

       (aa) the construction of heavy water reactors;
       (bb) the manufacture or procurement of reactor components, 
     including the intended application of such components; and
       (cc) efforts to rebuild the original reactor at Arak;

       (IV) uranium mining, concentration, conversion, and fuel 
     fabrication, including--

       (aa) estimated uranium ore production capacity and annual 
     recovery;
       (bb) recovery processes and ore concentrate production 
     capacity and annual recovery;
       (cc) research and development with respect to, and the 
     annual rate of, conversion of uranium; and
       (dd) research and development with respect to the 
     fabrication of reactor fuels, including the use of depleted, 
     natural, and enriched uranium; and

       (V) activities with respect to--

       (aa) producing or acquiring plutonium or uranium (or their 
     alloys);
       (bb) conducting research and development on plutonium or 
     uranium (or their alloys);
       (cc) uranium metal; or
       (dd) casting, forming, or machining plutonium or uranium;
       (ii) with respect to any activity described in clause (i), 
     a description, as applicable, of--

       (I) the number and type of centrifuges used to enrich 
     uranium and the operating status of such centrifuges;
       (II) the number and location of any enrichment or 
     associated research and development facility used to engage 
     in such activity;
       (III) the amount of heavy water, in metric tons, produced 
     by such activity and the acquisition or manufacture of major 
     reactor components, including, for the second and subsequent 
     reports, the amount produced since the last report;
       (IV) the number and type of fuel assemblies produced by the 
     Islamic Republic of Iran, including failed or rejected 
     assemblies; and
       (V) the total amount of--

       (aa) uranium-235 enriched to not greater than 5 percent 
     purity;
       (bb) uranium-235 enriched to greater than 5 percent purity 
     and not greater than 20 percent purity ;
       (cc) uranium-235 enriched to greater than 20 percent purity 
     and not greater than 60 percent purity;
       (dd) uranium-235 enriched to greater than 60 percent purity 
     and not greater than 90 percent purity; and
       (ee) uranium-235 enriched greater than 90 percent purity;
       (iii) a description of weaponization plans and capabilities 
     of the Islamic Republic of Iran, including--

       (I) plans and capabilities with respect to--

       (aa) weapon design, including fission, warhead 
     miniaturization, and boosted and early thermonuclear weapon 
     design;
       (bb) high yield fission development;
       (cc) design, development, acquisition, or use of computer 
     models to simulate nuclear explosive devices; and
       (dd) design, development, fabricating, acquisition, or use 
     of explosively driven neutron sources or specialized 
     materials for explosively driven neutron sources;

       (II) the ability of the Islamic Republic of Iran to deploy 
     a working or reliable delivery vehicle capable of carrying a 
     nuclear warhead;
       (III) the estimated breakout time for the Islamic Republic 
     of Iran to develop and deploy a nuclear weapon, including a 
     crude nuclear weapon;
       (IV) the status and location of any research and 
     development work site related to the preparation of an 
     underground nuclear test; and
       (V) any dual-use item (as defined under section 730.3 of 
     title 15, Code of Federal Regulations or listed on the List 
     of Nuclear-Related Dual-Use Equipment, Materials, Software, 
     and Related Technology issued by the Nuclear Suppliers Group 
     or any successor list) the Islamic Republic of Iran is using 
     to further the nuclear weapon or missile program;

       (iv) an identification of clandestine nuclear facilities, 
     including nuclear facilities and activities discovered or 
     reported by Israel or other allies or partners of the United 
     States;
       (v) an assessment of whether the Islamic Republic of Iran--

       (I) is in compliance with the Comprehensive Safeguards 
     Agreement and modified Code 3.1 of the Subsidiary 
     Arrangements to the Comprehensive Safeguards Agreement; and
       (II) has denied access to sites that the International 
     Atomic Energy Agency has sought to inspect during the period 
     covered by the report;

       (vi) any diversion by the Islamic Republic of Iran of 
     uranium, carbon-fiber, or other materials for use in an 
     undeclared or clandestine facility;
       (vii) an assessment of activities related to nuclear 
     weapons conducted at facilities controlled by the Ministry of 
     Defense and Armed Forces Logistics of Iran, the Islamic 
     Revolutionary Guard Corps, and the Organization of Defensive 
     Innovation and Research, including an analysis of gaps in 
     knowledge due to the lack of inspections and nontransparency 
     of such facilities;
       (viii) a description of activities between the Islamic 
     Republic of Iran and other countries, including the 
     Democratic People's Republic of Korea, or persons with 
     respect to sharing information on nuclear weapons or 
     activities related to weaponization;
       (ix) with respect to any new ballistic, cruise, or 
     hypersonic missiles being designed and tested by the Islamic 
     Republic of Iran or any of its proxies, a description of--

       (I) the type of missile;
       (II) the range of such missiles;

[[Page S5326]]

       (III) the capability of such missiles to deliver a nuclear 
     warhead;
       (IV) the number of such missiles; and
       (V) any testing of such missiles;

       (x) an assessment of whether the Islamic Republic of Iran 
     or any of its proxies possesses an unmanned aircraft system 
     or other military equipment capable of delivering a nuclear 
     weapon;
       (xi) an assessment of whether the Islamic Republic of Iran 
     or any of its proxies has engaged in new or evolving nuclear 
     weapons development activities that would pose a threat to 
     the national security of the United States, Israel, or other 
     partners or allies; and
       (xii) any other information that the task force determines 
     is necessary to ensure a complete understanding of the 
     nuclear or other weapons activities of the Islamic Republic 
     of Iran.
       (C) Form; public availability.--
       (i) Form.--Each report required by subparagraph (A) shall 
     be submitted in unclassified form but may include a 
     classified annex for information that, if released, would be 
     detrimental to the national security of the United States.
       (ii) Public availability.--The unclassified portion of a 
     report required by subparagraph (A) shall be made available 
     to the public on an internet website of the Department of 
     State.
       (2) Immediate report required.--If the task force receives 
     credible intelligence of a significant development in the 
     nuclear weapons capabilities or delivery systems capabilities 
     of the Islamic Republic of Iran, which if not reported before 
     the delivery of the next report under paragraph (1)(A) would 
     be detrimental to the national security of the United States, 
     Israel, or other allies or partners, the task force shall, 
     within 72 hours of the receipt of such intelligence, submit 
     to the appropriate congressional committees a report on such 
     development.
       (g) Diplomatic Strategy to Address Identified Nuclear and 
     Ballistic Missile Threats to the United States.--
       (1) In general.--Not later than 30 days after the 
     submission of the initial report under subsection (f)(1), and 
     annually thereafter, the Secretary of State shall submit to 
     the appropriate congressional committees a diplomatic 
     strategy that outlines a comprehensive plan for engaging with 
     partners and allies of the United States regarding the 
     nuclear weapons and missile activities of the Islamic 
     Republic of Iran.
       (2) Contents.--The diplomatic strategy required by 
     paragraph (1) shall include--
       (A) a description of efforts of the United States to 
     counter efforts of the Islamic Republic of Iran to project 
     political and military influence into the Middle East;
       (B) a response by the Secretary of State to the increased 
     threat that new or evolving nuclear weapons or missile 
     development activities by the Islamic Republic of Iran pose 
     to United States citizens and the diplomatic presence of the 
     United States in the Middle East;
       (C) a description of a coordinated whole-of-government 
     approach to use political, economic, and security related 
     tools to address such activities; and
       (D) a comprehensive plan for engaging with allies and 
     regional partners in all relevant multilateral fora to 
     address such activities.
       (3) Updated strategy related to immediate reports.--Not 
     later than 15 days after the submission of report under 
     subsection (f)(2), the Secretary of State shall submit to the 
     appropriate congressional committees an update to the most 
     recent diplomatic strategy submitted under paragraph (1).
                                 ______
                                 
  SA 5845. Mr. GRAHAM (for himself and Mr. Scott of South Carolina) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for fiscal 
year 2023 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. EXISTING AGREEMENT LIMITS FOR OPERATION WARP SPEED.

       (a) In General.--Any project to address the COVID-19 
     pandemic, through vaccines and other therapeutic measures, 
     using funds made available under a covered award that was 
     awarded by the Department of Defense on or after March 1, 
     2020, under section 4022 of title 10, United States Code, 
     using a transaction described in section 4021(a) of such 
     title that was awarded by the Department of Defense to a 
     consortium prior to March 1, 2020, shall not be counted 
     toward any limit established prior to March 1, 2020, on the 
     total estimated amount of all projects to be issued pursuant 
     to such transaction (except that such funds shall count 
     toward meeting any guaranteed minimum value).
       (b) Successor Contracts, Agreements, and Grants.--The 
     Secretary of Defense may not award a successor contract, 
     agreement, or grant for the same scope as any award described 
     in subsection (a)--
       (1) until 90 percent of the limit described in subsection 
     (a) has been reached;
       (2) until 6 months prior to the term of the award described 
     in subsection (a) being reached; or
       (3) unless such follow-on contract, agreement, or grant is 
     made in 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 by the Department of 
     Defense in support of the Department of Health and Human 
     Services and the Department of Defense effort 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.
                                 ______
                                 
  SA 5846. Mr. GRAHAM submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1276. TERMINATION OF ALL EFFORTS TO CLAWBACK PAYMENTS OF 
                   CERTAIN ANTIDUMPING DUTIES AND COUNTERVAILING 
                   DUTIES.

       (a) In General.--Notwithstanding any other provision of 
     law, neither the Secretary of Homeland Security nor any other 
     person may--
       (1) require repayment of, or attempt in any other way to 
     recoup, any payment described in subsection (b); or
       (2) offset any past, current, or future distributions of 
     antidumping duties or countervailing duties assessed on any 
     imports in an attempt to recoup any payment described in 
     subsection (b).
       (b) Payments Described.--Payments described in this 
     subsection are payments of antidumping duties or 
     countervailing duties made pursuant to section 754 of the 
     Tariff Act of 1930 (19 U.S.C. 1675c (repealed by subtitle F 
     of title VII of the Deficit Reduction Act of 2005 (Public Law 
     109-171; 120 Stat. 154))) that were--
       (1) assessed and paid with respect to imports of goods from 
     any country; and
       (2) distributed on or after January 1, 2001.
       (c) Payment of Funds Collected or Withheld.--Not later than 
     90 days after the date of the enactment of this Act, the 
     Secretary of Homeland Security shall--
       (1) refund any repayment or other recoupment of any payment 
     described in subsection (b); and
       (2) fully distribute any antidumping duties or 
     countervailing duties that the Commissioner of U.S. Customs 
     and Border Protection is withholding as an offset as 
     described in subsection (a)(2).
       (d) Limitation.--Nothing in this section shall be construed 
     to prevent the Secretary of Homeland Security, or any other 
     person, from requiring repayment of, or attempting to 
     otherwise recoup, any payment described in subsection (b) as 
     a result of--
       (1) a finding of false statements, other misconduct, or 
     insufficient verification of a certification by a recipient 
     of such a payment; or
       (2) the issuance of a refund to an importer or surety 
     pursuant to a settlement, court order, or reliquidation of an 
     entry with respect to which such a payment was made.
                                 ______
                                 
  SA 5847. Mr. CRUZ (for himself and Mr. Merkley) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1254. MEANINGFUL PARTICIPATION OF TAIWAN IN THE 
                   INTERNATIONAL CIVIL AVIATION ORGANIZATION.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the International Civil Aviation Organization (ICAO) 
     should allow Taiwan to meaningfully participate in the 
     organization, including in ICAO triennial assembly sessions, 
     conferences, technical working groups, meetings, activities, 
     and mechanisms;
       (2) Taiwan is a global leader and hub for international 
     aviation, with a range of expertise, information, and 
     resources and the fifth busiest airport in Asia (Taoyuan 
     International Airport), and its meaningful participation in 
     ICAO would significantly enhance the ability of ICAO to 
     ensure the safety and security of global aviation; and
       (3) coercion by the Chinese Communist Party and the 
     People's Republic of China has ensured the systematic 
     exclusion of Taiwan from meaningful participation in ICAO, 
     significantly undermining the ability of ICAO

[[Page S5327]]

     to ensure the safety and security of global aviation.
       (b) Plan for Taiwan's Meaningful Participation in the 
     International Civil Aviation Organization.--The Secretary of 
     State, in coordination with the Secretary of Commerce, is 
     authorized--
       (1) to initiate a United States plan to secure Taiwan's 
     meaningful participation in ICAO, including in ICAO triennial 
     assembly sessions, conferences, technical working groups, 
     meetings, activities, and mechanisms; and
       (2) to instruct the United States representative to the 
     ICAO to--
       (A) use the voice and vote of the United States to ensure 
     Taiwan's meaningful participation in ICAO, including in ICAO 
     triennial assembly sessions, conferences, technical working 
     groups, meetings, activities, and mechanisms; and
       (B) seek to secure a vote at the next ICAO triennial 
     assembly session on the question of Taiwan's participation in 
     that session.
       (c) Report Concerning Taiwan's Meaningful Participation in 
     the International Civil Aviation Organization.--Not later 
     than 90 days after the date of the enactment of this Act, and 
     not later than April 1 of each year thereafter for the 
     following 6 years, the Secretary of State, in coordination 
     with the Secretary of Commerce, shall submit an unclassified 
     report to the Committee on Foreign Relations of the Senate 
     and the Committee on Foreign Affairs of the House of 
     Representatives that--
       (1) describes the United States plan to ensure Taiwan's 
     meaningful participation in ICAO, including in ICAO triennial 
     assembly sessions, conferences, technical working groups, 
     meetings, activities, and mechanisms;
       (2) includes an account of the efforts made by the 
     Secretary of State and the Secretary of Commerce to ensure 
     Taiwan's meaningful participation in ICAO, including in ICAO 
     triennial assembly sessions, conferences, technical working 
     groups, meetings, activities, and mechanisms; and
       (3) identifies the steps the Secretary of State and the 
     Secretary of Commerce will take in the next year to ensure 
     Taiwan's meaningful participation in ICAO, including in ICAO 
     triennial assembly sessions, conferences, technical working 
     groups, meetings, activities, and mechanisms.
                                 ______
                                 
  SA 5848. Mr. GRAHAM submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. __. REPORT ON FEASIBILITY OF ESTABLISHING A TROOPS-TO-
                   SCHOOL RESOURCE OFFICERS PILOT PROGRAM.

       (a) In General.--
       (1) Submission of report.--Not later than 90 days after the 
     date of enactment of this Act, the Secretary of Defense shall 
     submit to the appropriate congressional committees a report 
     on the feasibility of establishing a Troops-to-School 
     Resource Officers pilot program that is modeled on the 
     Troops-to-Teachers Program authorized under section 1154 of 
     title 10, United States Code.
       (2) Consultation.--The Secretary of Defense may consult 
     with key officials from the Department of Justice and the 
     Department of Education in completing the report described in 
     paragraph (1).
       (b) Content of Report.--The report required under 
     subsection (a) shall include--
       (1) the feasibility of establishing a 5-year Troops-to-
     School Resource Officers pilot program;
       (2) an outline of the resource requirements to execute the 
     pilot program; and
       (3) an identification of possible authorities, if any, that 
     would be needed to establish the pilot program.
       (c) Appropriate Congressional Committees.--In this section, 
     the term ``appropriate congressional committees'' means--
       (1) the Committee on Armed Services of the Senate;
       (2) the Committee on Armed Services of the House of 
     Representatives;
       (3) the Committee on Appropriations of the Senate; and
       (4) the Committee on Appropriations of the House of 
     Representatives.
  

                                 ______
                                 
  SA 5849. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1254. ADDITIONAL PROHIBITION ON ACQUISITION OF SENSITIVE 
                   MATERIALS.

       (a) In General.--Section 4872 of title 10, United States 
     Code, is amended--
       (1) in subsection (a), by amending paragraph (1) to read as 
     follows:
       ``(1) procure any covered material melted or produced in 
     any covered nation or by any covered company, or any end item 
     that contains a covered material manufactured in any covered 
     nation or by any covered company; or''; and
       (2) in subsection (d)--
       (A) by redesignating paragraphs (1) through (3) as 
     paragraphs (2) through (4), respectively; and
       (B) by inserting before paragraph (2), as redesignated, the 
     following:
       ``(1) Covered company.--The term `covered company' means--
       ``(A) any company or joint venture registered outside the 
     United States--
       ``(i) that is partially or fully owned by any state-owned 
     entity from a covered nation; or
       ``(ii) 10 percent of the ownership of which is by 1 or more 
     private investors from any covered nation;
       ``(B) any company or joint venture registered inside the 
     United States that--
       ``(i) is partially or fully owned by a state-owned entity 
     from a covered nation; or
       ``(ii) after the date of the enactment of this Act, has 
     entered into an agreement or a condition with the Committee 
     on Foreign Investment in the United States under subsection 
     (l)(3)(A) of section 4565 of title 50, United States Code, 
     that does not specifically refer to this section and provide 
     that the company shall be eligible to supply covered products 
     under this section; or
       ``(C) any other company that the President determines to be 
     a threat to the security of supply of any covered 
     material.''.
       (b) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     promulgate such regulations as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 5850. Mrs. SHAHEEN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 706. INCLUSION OF EXPOSURE TO PERFLUOROALKYL AND 
                   POLYFLUOROALKYL SUBSTANCES AS PART OF PERIODIC 
                   HEALTH ASSESSMENTS.

       (a) Periodic Health Assessment.--The Secretary of Defense 
     shall ensure that any periodic health assessment provided to 
     a member of the Armed Forces includes an evaluation of 
     whether the member has been--
       (1) based or stationed at a military installation 
     identified by the Department of Defense as a location with a 
     known or suspected release of perfluoroalkyl substances or 
     polyfluoroalkyl substances during the period in which the 
     member was based or stationed at the military installation; 
     or
       (2) exposed to such substances, including by evaluating any 
     information in the health record of the member.
       (b) Separation History and Physical Examinations.--Section 
     1145(a)(5) of title 10, United States Code, is amended--
       (1) in subparagraph (A), by striking ``subparagraph (D)'' 
     and inserting ``subparagraph (E)'';
       (2) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (3) by inserting after subparagraph (C) the following new 
     subparagraph (D):
       ``(D) The Secretary concerned shall ensure that each 
     physical examination of a member under subparagraph (A) 
     includes an assessment of whether the member was--
       ``(i) based or stationed at a military installation 
     identified by the Department as a location with a known or 
     suspected release of perfluoroalkyl substances or 
     polyfluoroalkyl substances during the period in which the 
     member was based or stationed at the military installation; 
     or
       ``(ii) exposed to such substances, including by assessing 
     any information in the health record of the member.''.
       (c) Deployment Assessments.--Section 1074f(b)(2) of title 
     10, United States Code, is amended by adding at the end the 
     following new subparagraph:
       ``(E) An assessment of whether the member was--
       ``(i) based or stationed at a military installation 
     identified by the Department as a location with a known or 
     suspected release of perfluoroalkyl substances or 
     polyfluoroalkyl substances during the period in which the 
     member was based or stationed at the military installation; 
     or
       ``(ii) exposed to such substances, including by assessing 
     any information in the health record of the member.''.

[[Page S5328]]

  


     SEC. 707. PROVISION OF BLOOD TESTING FOR MEMBERS OF THE ARMED 
                   FORCES, FORMER MEMBERS OF THE ARMED FORCES, AND 
                   THEIR FAMILIES TO DETERMINE EXPOSURE TO 
                   PERFLUOROALKYL SUBSTANCES OR POLYFLUOROALKYL 
                   SUBSTANCES.

       (a) Members of the Armed Forces.--
       (1) In general.--If a covered evaluation of a member of the 
     Armed Forces results in a positive determination of potential 
     exposure to perfluoroalkyl substances or polyfluoroalkyl 
     substances, the Secretary of Defense shall provide to that 
     member, during that covered evaluation, blood testing to 
     determine and document potential exposure to such substances.
       (2) Inclusion in health record.--The results of blood 
     testing of a member of the Armed Forces conducted under 
     paragraph (1) shall be included in the health record of the 
     member.
       (b) Former Members of the Armed Forces and Family 
     Members.--The Secretary shall pay for blood testing to 
     determine and document potential exposure to perfluoroalkyl 
     substances or polyfluoroalkyl substances for any covered 
     individual, at the election of the individual, either through 
     the TRICARE program for individuals otherwise eligible for 
     such program or through the use of vouchers to obtain such 
     testing.
       (c) Definitions.--In this section:
       (1) Covered evaluation.--The term ``covered evaluation'' 
     means--
       (A) a periodic health assessment conducted in accordance 
     with section 706(a);
       (B) a separation history and physical examination conducted 
     under section 1145(a)(5) of title 10, United States Code, as 
     amended by section 706(b); and
       (C) a deployment assessment conducted under section 
     1074f(b)(2) of such title, as amended by section 706(c).
       (2) Covered individual.--The term ``covered individual'' 
     means a former member of the Armed Forces or a family member 
     of a member or former member of the Armed Forces who lived at 
     a location (or the surrounding area of such a location) 
     identified by the Department of Defense as a location with a 
     known or suspected release of perfluoroalkyl substances or 
     polyfluoroalkyl substances during the period in which the 
     individual lived at that location (or surrounding area).
       (3) TRICARE program.--The term ``TRICARE program'' has the 
     meaning given that term in section 1072(7) of title 10, 
     United States Code.
                                 ______
                                 
  SA 5851. Mrs. SHAHEEN (for herself, Mrs. Fischer, Mr. Cornyn, Mr. 
Cramer, and Mr. Blumenthal) submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1214. DEFENSE EXPORTABILITY TRANSFER ACCOUNT (DETA).

       (a) Establishment.--There is established in the Department 
     of Defense an account to be known as the ``Defense 
     Exportability Transfer Account'' (in this section referred to 
     as the ``Account'').
       (b) Amounts in Account.--The Account shall consist of--
       (1) amounts appropriated to the Account;
       (2) amounts transferred to the Account under subsection 
     (d); and
       (3) amounts credited to the Account under subsection (e).
       (c) Use of Funds.--
       (1) In general.--Funds in the Account shall be available to 
     develop program protection strategies for Department of 
     Defense systems identified for possible future export, to 
     design and incorporate exportability features into such 
     systems during the research and development phases of such 
     systems, and to integrate design features that enhance 
     interoperability of such systems with those of friendly 
     foreign countries.
       (2) Amounts in addition.--Amounts in the Account are in 
     addition to any other funds available to the Department of 
     Defense for the purposes specified in paragraph (1).
       (d) Transfers.--
       (1) Transfers from account.--The Secretary of Defense may 
     transfer funds from the Account to appropriations of the 
     Department of Defense available for research, development, 
     test, and evaluation in such amounts as the Secretary 
     determines necessary to carry out the purposes of this 
     section. Funds so transferred shall be available for the same 
     time period and the same purposes as the appropriation to 
     which transferred.
       (2) Transfers to account.--The Secretary may transfer funds 
     from appropriations of the Department of Defense available 
     for research, development, test, and evaluation to the 
     Account in such amounts as the Secretary determines necessary 
     to carry out the purposes of this section. Funds so 
     transferred shall be available for the same time period and 
     the same purposes as the appropriation to which transferred.
       (3) Notice and wait.--Funds may not be transferred under 
     paragraph (1) or (2) until the expiration of 15 days after 
     the date on which the Secretary notifies the congressional 
     defense committees in writing of the amount and purpose of 
     the proposed transfer.
       (4) Other authorities.--The authority to transfer funds 
     under this subsection is in addition to any other transfer 
     authority available to the Department of Defense.
       (e) Costs.--Costs incurred by the Department of Defense for 
     designing and incorporating exportability features into 
     Department of Defense systems shall be treated as 
     nonrecurring costs under section 21(e)(1) of the Arms Export 
     Control Act (22 U.S.C. 2761(e)(1)). Amounts collected as 
     recoupments by the Department of Defense on foreign military 
     sales, direct commercial sales, and sales of items developed 
     under international cooperative projects that incorporate 
     such exportability features shall be credited to the Account 
     and shall remain available until expended to carry out the 
     purposes of the Account.
       (f) Annual Report.--No later than January 1, 2025, and 
     annually thereafter, the Secretary of Defense shall submit to 
     the congressional defense committees a report detailing the 
     utilization of this fund, including--
       (1) the balance of the Fund, including inlays and outlays;
       (2) a list of systems receiving funds under this section;
       (3) the projected and actual cost and schedule savings for 
     each system receiving funds under this section; and
       (4) any other matters the Secretary determines appropriate.
       (g) Government Accountability Office Review.--Not later 
     than five years after the date of the enactment of this Act, 
     the Comptroller General of the United States shall conduct an 
     assessment of the efficacy of this section, including--
       (1) an emphasis on cost and schedule savings realized by 
     the Federal Government pertaining to the delivery of articles 
     that receive funding under this section; and
       (2) any other matters the Comptroller General deems 
     appropriate.
       (h) Appropriations.--There is hereby appropriated to the 
     Account $50,000,000, to remain available until expended: 
     Provided, That such amount is designated by Congress as being 
     for an emergency requirement pursuant to section 4001(a)(1) 
     and section 4001(b) of S. Con. Res. 14 (117th Congress), the 
     concurrent resolution on the budget for fiscal year 2022.
                                 ______
                                 
  SA 5852. Mrs. SHAHEEN (for herself, Ms. Klobuchar, Mr. Carper, Mrs. 
Gillibrand, Mr. Markey, Mr. Durbin, Ms. Baldwin, Mr. Menendez, Mr. 
Sanders, Mr. King, Mr. Schatz, Mr. Blumenthal, Mr. Heinrich, Mrs. 
Feinstein, Ms. Hirono, Mr. Wyden, Ms. Hassan, Ms. Cantwell, Mr. Murphy, 
Mr. Leahy, Mr. Hickenlooper, Ms. Warren, Mr. Booker, and Mr. Bennet) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for fiscal 
year 2023 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 624. LEAVE RELATING TO ABORTION CARE AND SERVICES FOR 
                   MEMBERS OF ARMED FORCES.

       (a) In General.--Section 701 of title 10, United States 
     Code, as amended by section 623(a), is further amended by 
     adding at the end the following new subsection:
       ``(n)(1)(A) Under regulations prescribed by the Secretary 
     of Defense, a member of the armed forces who seeks abortion 
     care and services is allowed convalescent leave.
       ``(B) Convalescent leave under subparagraph (A) shall, not 
     later than 5 days after receiving a request for such leave, 
     be approved by--
       ``(i) the military medical health provider of the member; 
     or
       ``(ii) the commander of the military medical treatment 
     facility or a designee of that commander.
       ``(C) Convalescent leave of a member under subparagraph (A) 
     shall be approved for a period of--
       ``(i) 10 days, in the case of a member assigned to a duty 
     location in the continental United States; and
       ``(ii) 20 days, in the case of a member assigned to a duty 
     location outside the continental United States.
       ``(D) Under regulations prescribed by the Secretary of 
     Defense, a member taking convalescent leave under 
     subparagraph (A) who is required to travel more than 50 miles 
     from the member's assigned duty location to seek abortion 
     care and services--
       ``(i) shall be entitled to standard travel and 
     transportation allowances in accordance with chapter 8 of 
     title 37; and
       ``(ii) may not receive per diem or reimbursement of 
     expenses, to the extent prohibited by Federal law.
       ``(E) The applicable approval authority under clause (i) or 
     (ii) of subparagraph (B)--

[[Page S5329]]

       ``(i) shall notify the commanding officer of the member 
     taking convalescent leave under subparagraph (A) with respect 
     to--
       ``(I) expected absences of the member; and
       ``(II) changes in the physical profile of the member that 
     would impact the member's fitness for duty; and
       ``(ii) may not be required to disclose the specific medical 
     condition from which the member is convalescing.
       ``(F) Convalescent leave of a member seeking abortion care 
     and services that is in addition to the convalescent leave 
     provided under subparagraph (A) shall be provided under the 
     procedures established for convalescent leave under 
     subsection (m).
       ``(2)(A) Under regulations prescribed by the Secretary of 
     Defense, the Secretary concerned shall grant a member of the 
     armed forces leave to provide care to an immediate family 
     member who seeks abortion care and services.
       ``(B) Not later than 5 days after receiving a request from 
     a member to take leave under subparagraph (A), the 
     appropriate approval authority of the member shall approve 
     the request, consistent with the regulations prescribed under 
     subparagraph (A).
       ``(C) Leave under subparagraph (A) shall be approved for a 
     period of 10 consecutive days.
       ``(3) A member taking leave under paragraph (1) or (2) 
     shall not have the member's leave account reduced as a result 
     of taking such leave.
       ``(4) A member may elect to take fewer days of leave than 
     is provided for under paragraph (1) or (2), as applicable.
       ``(5) A member taking leave under paragraph (1) or (2) may 
     not be required to disclose specifics relating to the 
     abortion care and services that are the basis for the leave.
       ``(6) In this subsection, the term `military medical 
     treatment facility' means a facility described in subsection 
     (b), (c), or (d) of section 1073d.''.
       (b) Conforming Amendments.--Subsection (m) of section 701 
     of title 10, United States Code, as added by section 623(a), 
     is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by or ``or (n)(1)'' after ``subsection (h)(3)'';
       (2) in paragraph (2)(B), by striking ``in conjunction with 
     the birth of a child'' and inserting ``or (n)(1)''; and
       (3) in paragraph (3)(B)(ii), by inserting ``or (n)(1)'' 
     after ``subsection (h)(3)''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2023.
                                 ______
                                 
  SA 5853. Mrs. SHAHEEN (for herself and Mr. Moran) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

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

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

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

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

[[Page S5330]]

     any, impacts current allowances have had on employee morale 
     and retention;
       (B) assess the adequacy of the most recent increase made to 
     the uniform allowance for first year employees; and
       (C) consider increasing by 50 percent, at minimum, the 
     annual allowance for all other employees.
       (c) Additional Report.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall provide a report with recommendations on how the 
     Department of Homeland Security could procure additional 
     items from domestic sources and bolster the domestic supply 
     chain for items related to national security to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Appropriations of the Senate; 
     and
       (B) the Committee on Homeland Security, the Committee on 
     Oversight and Reform, and the Committee on Appropriations of 
     the House of Representatives.
       (2) Contents.--The report required under paragraph (1) 
     shall include--
       (A) a review of the compliance of the Department of 
     Homeland Security with the requirements under section 604 of 
     title VI of division A of the American Recovery and 
     Reinvestment Act of 2009 (6 U.S.C. 453b) to buy certain items 
     related to national security interests from sources in the 
     United States; and
       (B) an assessment of the capacity of the Department of 
     Homeland Security to procure the following items from 
     domestic sources:
       (i) Personal protective equipment and other items necessary 
     to respond to a pandemic such as that caused by COVID-19.
       (ii) Helmets that provide ballistic protection and other 
     head protection and components.
       (iii) Rain gear, cold weather gear, and other environmental 
     and flame resistant clothing.
       (d) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by inserting after the item 
     relating to section 835 the following:

``Sec. 836. Requirements to buy certain items related to national 
              security interests.''.
                                 ______
                                 
  SA 5854. Mrs. SHAHEEN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1276. EXTENSION OF AND ADDITIONAL VISAS FOR THE AFGHAN 
                   SPECIAL IMMIGRANT VISA PROGRAM.

       Section 602(b)(3)(F) of the Afghan Allies Protection Act of 
     2009 (Public Law 111-8; 8 U.S.C. 1101 note) is amended--
       (1) in the subparagraph heading, by striking ``2022'' and 
     inserting ``2023''
       (2) in the matter preceding clause (i), by striking 
     ``34,500'' and inserting ``54,500'';
       (3) in clause (i), by striking ``December 31, 2023'' and 
     inserting ``December 31, 2024'';
       (4) in clause (ii), by striking ``December 31, 2023'' and 
     inserting ``December 31, 2024''; and
       (5) in paragraph (13), in the matter preceding subparagraph 
     (A), by striking ``January 31, 2024'' and inserting ``January 
     31, 2025''.
                                 ______
                                 
  SA 5855. Mrs. SHAHEEN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 753. STUDY AND REPORT ON RATE OF CANCER-RELATED 
                   MORBIDITY AND MORTALITY FOR INDIVIDUALS 
                   ASSIGNED TO PEASE AIR FORCE BASE AND PEASE AIR 
                   NATIONAL GUARD BASE.

       (a) Study.--The Secretary of Veterans Affairs 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 in the Armed Forces or in a reserve component 
     of the Armed Forces) assigned to Pease Air Force Base or 
     Pease Air National Guard Base for a significant period of 
     time during the period beginning on January 1, 1970, and 
     ending on December 31, 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) Inclusion in Military Exposure Research Program.--
       (1) In general.--The Secretary of Veterans Affairs, acting 
     through the Office of Research and Development and the Office 
     of Health Outcomes Military Exposures of the Veterans Health 
     Administration, shall include Pease Air Force Base and Pease 
     Air National Guard Base in the Military Exposure Research 
     Program of the Veterans Health Administration and shall 
     request from the Department of Defense and any applicable 
     authorities of the State of New Hampshire access to any 
     necessary data, personnel, and assistance necessary to 
     navigate policies related to conducting research at an 
     installation of the National Guard in New Hampshire.
       (2) Satisfaction of study requirement.--If the Secretary of 
     Veterans Affairs successfully includes Pease Air Force Base 
     and Pease Air National Guard Base in the Military Exposure 
     Research Program under paragraph (1), the inclusion of those 
     installations in that program shall satisfy the requirement 
     to conduct the study under subsection (a).
       (c) Completion of Study; Report.--Not later than one year 
     after the date of the enactment of this Act, the Secretary of 
     Veterans Affairs shall--
       (1) complete the study required under subsection (a); and
       (2) submit to the appropriate committees of Congress a 
     report on the results of the study.
       (d) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Veterans' Affairs and the Committee on 
     Armed Services of the Senate; and
       (B) the Committee on Veterans' Affairs and the Committee on 
     Armed Services of the House of Representatives.
       (2) Significant period of time.--The term ``significant 
     period of time'' has the meaning given that term by the 
     Secretary of Veterans Affairs or the entity conducting the 
     study under subsection (a), as the Secretary determines 
     appropriate.
                                 ______
                                 
  SA 5856. Mrs. SHAHEEN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 552. REVIEW AND REPORT ON THE DEFINITION OF CONSENT FOR 
                   PURPOSES OF THE OFFENSES OF RAPE AND SEXUAL 
                   ASSAULT UNDER THE UNIFORM CODE OF MILITARY 
                   JUSTICE.

       (a) Evaluation and Review.--Not later than 30 days after 
     the date of the enactment of this Act, the Joint Service 
     Committee on Military Justice shall commission a 
     comprehensive evaluation and review of the definition of 
     consent, as set forth in section 920(g)(7) of title 10, 
     United States Code (article 120(g)(7) of the Uniform Code of 
     Military Justice).
       (b) Elements.--The review and evaluation conducted under 
     subsection (a) shall assess how the definition of consent set 
     forth in section 920(g)(7) of title 10, United States Code 
     (article 120(g)(7) of the Uniform Code of Military Justice) 
     can be--
       (1) expanded to require knowledgeable and informed 
     agreement, freely entered into, without any malicious factors 
     or influences such as force, coercion, fear, fraud or false 
     identity, or exploitation of a person's incapacity;
       (2) enhanced through consultation with other recognized 
     standards for the definition of such term; and
       (3) clarified to state clearly that--
       (A) the circumstances surrounding an incident of sexual 
     contact are irrelevant when malicious factors induced 
     compliance;
       (B) consent for a sexual act does not constitute consent 
     for all sexual acts; and
       (C) consent is revocable by either party during sexual 
     conduct.
       (c) Report.--Not later than 180 days after the commencement 
     of the evaluation and review under subsection (a), the Joint 
     Service Committee on Military Justice shall submit to the 
     congressional defense committees a report on the results of 
     the evaluation and review.
                                 ______
                                 
  SA 5857. Mrs. SHAHEEN (for herself, Mr. Tillis, Mr. Cornyn, Mr. 
Blumenthal, Mr. Wicker, Mr. Kaine, Mrs. Fischer, Ms. Duckworth, Ms. 
Klobuchar, Ms. Sinema, and Mr. Manchin) submitted an amendment intended 
to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself 
and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year

[[Page S5331]]

2023 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1214. 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 ``Critical Munitions Acquisition Fund'' (in this section 
     referred to as the ``Fund'').
       (b) Purpose.--Amounts in the Fund shall be made available 
     by the Secretary of Defense--
       (1) to ensure that adequate stocks of munitions that the 
     Secretary deems critical due to a reduction in stocks or 
     identification as having a high use rate are available for 
     allies and partners of the United States during the war in 
     Ukraine and future conflicts; 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 and future conflicts.
       (c) Additional Authority.--The Secretary may also use 
     amounts made available to the Fund to keep on continuous 
     order munitions that the Secretary deems as critical due to a 
     reduction in current stocks or identification as having a 
     high-use rate during the war in Ukraine or a potential high-
     use rate during a future conflict.
       (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(m)).
       (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 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 
     under this subparagraph 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 entity, foreign government, or international 
     organization. Any amounts so accepted shall be credited to 
     the 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. The notice shall 
     specify the source and amount of any contribution so accepted 
     and the use of any amount so accepted.
       (e) Notice and Wait Requirements.--
       (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 notifies the congressional 
     defense committees in writing of the amount and purpose of 
     the proposed transfer.
       (2) Ammunition purchases.--No amounts in the Fund may be 
     used to purchase ammunition, as authorized by this section, 
     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) Limitation.--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:
       (1) The Secretary of Defense 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.
       (2) Except as required by paragraph (1), 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)).
       (g) Termination.--The authority for the Fund under this 
     section shall expire on December 31, 2024.
       (h) Semiannual Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and every 180 days thereafter, the 
     Secretary of Defense shall submit to the congressional 
     defense committees, the Committee on Foreign Relations of the 
     Senate, and the Committee on Foreign Affairs of the House of 
     Representatives a report on the use of the Fund.
       (2) Elements.--The report required under paragraph (1) 
     shall include--
       (A) an accounting of all inlays and outflows in the Fund;
       (B) a list of munitions procured by type, make, model, and 
     quantity, together with a justification for the procurement;
       (C) an assessment of the status of munitions procured to 
     include munitions in production, those placed in stockpile, 
     and those set aside or transferred to a non-Federal 
     government entity;
       (D) an updated list of munitions designated consistent with 
     subsection (b), along with a justifications for munitions 
     designated and estimated procurement quantity objectives; and
       (E) any other matters the Secretary determines appropriate.
       (3) Form.--The report required under paragraph (1) shall be 
     submitted to Congress in an unclassified form without any 
     additional disseminations controls, but may include a 
     classified or otherwise restricted annex as necessary.
                                 ______
                                 
  SA 5858. Mrs. SHAHEEN (for herself and Mr. Graham) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1226. MODIFICATION OF ESTABLISHMENT OF COORDINATOR FOR 
                   DETAINED ISIS MEMBERS AND RELEVANT POPULATIONS 
                   IN SYRIA.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on the Judiciary, the 
     Committee on Banking, Housing, and Urban Affairs, the Select 
     Committee on Intelligence, and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on the Judiciary, the 
     Committee on Financial Services, the Permanent Select 
     Committee on Intelligence, and the Committee on 
     Appropriations of the House of Representatives.
       (2) ISIS member.--The term ``ISIS member'' means a person 
     who was part of, or substantially supported, the Islamic 
     State in Iraq and Syria.
       (3) Senior coordinator.--The term ``Senior Coordinator'' 
     means the coordinator for detained ISIS members and relevant 
     displaced populations in Syria designated under subsection 
     (a) of section 1224 of the National Defense Authorization Act 
     for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1642), as 
     amended by subsection (d).
       (b) Sense of Congress.--
       It is the sense of Congress that--
       (A) ISIS detainees held by the Syrian Democratic Forces and 
     ISIS-affiliated individuals located within displaced persons 
     camps in Syria pose a significant and growing humanitarian 
     challenge and security threat to the region;
       (B) there is an urgent need to seek a sustainable solution 
     to such camps through repatriation and reintegration of the 
     inhabitants;
       (C) the United States should work closely with 
     international allies and partners to facilitate the 
     repatriation and reintegration efforts required to provide a 
     long-term solution for such camps and prevent the resurgence 
     of ISIS; and
       (D) if left unaddressed, such camps will continue to be 
     drivers of instability that jeopardize the long-term 
     prospects for peace and stability in the region.

[[Page S5332]]

       (c) Statement of Policy.--It is the policy of the United 
     States that--
       (1) ISIS-affiliated individuals located within displacement 
     camps in Syria, and other inhabitants of displacement camps 
     in Syria, be repatriated or, where appropriate, prosecuted, 
     and where possible, reintegrated into their country of 
     origin, consistent with all applicable international laws 
     prohibiting refoulement; and
       (2) the camps will be closed as soon as is practicable.
       (d) Modification of Establishment of Coordinator for 
     Detained ISIS Members and Relevant Displaced Populations in 
     Syria.--Section 1224 of the National Defense Authorization 
     Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1642) 
     is amended--
       (1) by striking subsection (a);
       (2) by amending subsection (b) to read as follows:
       ``(a) Designation.--
       ``(1) In general.--The President, in consultation with the 
     Secretary of Defense, the Secretary of State, the Director of 
     National Intelligence, the Secretary of the Treasury, the 
     Administrator of the United States Agency for International 
     Development, and the Attorney General, shall designate an 
     existing official to serve within the executive branch as 
     senior-level coordinator to coordinate, in conjunction with 
     other relevant agencies, all matters related to ISIS members 
     who are in the custody of the Syrian Democratic Forces and 
     other relevant displaced populations in Syria, including--
       ``(A) the disposition of such individuals, including in all 
     matters related to--
       ``(i) repatriation, transfer, prosecution, and intelligence 
     gathering;
       ``(ii) all multilateral and international engagements led 
     by the Department of State and other agencies that are 
     related to the current and future handling, detention, and 
     prosecution of such ISIS members, including such engagements 
     with the International Criminal Police Organization; and
       ``(iii) the coordination of the provision of technical and 
     evidentiary assistance to foreign countries to aid in the 
     successful prosecution of such ISIS members, as appropriate, 
     in accordance with international humanitarian law and other 
     internationally recognized human rights and rule of law 
     standards;
       ``(B) all multilateral and international engagements 
     related to humanitarian access and provision of basic 
     services to, and freedom of movement and security and safe 
     return of, displaced persons at camps or facilities in Syria 
     that hold family members of such ISIS members;
       ``(C) coordination with relevant agencies on matters 
     described in this section; and
       ``(D) any other matter the Secretary of State considers 
     relevant.
       ``(2) Rule of construction.--If, on the date of the 
     enactment of the the James M. Inhofe National Defense 
     Authorization Act for Fiscal Year 2023, an individual has 
     already been designated, consistent with the requirements and 
     responsibilities described in paragraph (1), the requirements 
     under that paragraph shall be considered to be satisfied with 
     respect to such individual until the date on which such 
     individual no longer serves as the Senior Coordinator.'';
       (3) in subsection (c), by striking ``subsection (b)'' and 
     inserting ``subsection (a)'';
       (4) in subsection (e), by striking ``January 31, 2021'' and 
     inserting ``January 31, 2025'';
       (5) in subsection (f)--
       (A) by redesignating paragraph (2) as paragraph (3);
       (B) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) Senior coordinator.--The term `Senior Coordinator' 
     means the individual designated under subsection (a).''; and
       (C) by adding at the end the following new paragraph:
       ``(4) Relevant agencies.--The term `relevant agencies' 
     means--
       ``(A) the Department of State;
       ``(B) the Department of Defense;
       ``(C) the Department of the Treasury;
       ``(D) the Department of Justice;
       ``(E) the United States Agency for International 
     Development;
       ``(F) the Office of the Director of National Intelligence; 
     and
       ``(G) any other agency the President considers relevant.''; 
     and
       (6) by redesignating subsections (c) through (f) as 
     subsections (b) through (e), respectively.
       (e) Strategy on ISIS-related Detainee and Displacement 
     Camps in Syria.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     coordination with the Secretary of Defense, the Director of 
     National Intelligence, the Secretary of the Treasury, the 
     Administrator of the United States Agency for International 
     Development, and the Attorney General, shall submit to the 
     appropriate committees of Congress an interagency strategy 
     with respect to ISIS-affiliated individuals and ISIS-related 
     detainee and other displaced persons camps in Syria.
       (2) Elements.--The strategy required by paragraph (1) shall 
     include--
       (A) methods to address--
       (i) disengagement from and prevention of recruitment into 
     violence, violent extremism, and other illicit activity in 
     such camps;
       (ii) repatriation and, where appropriate, prosecution of 
     foreign nationals from such camps, consistent with all 
     applicable international laws;
       (iii) the return and reintegration of displaced Syrian and 
     Iraqi women and children into their communities of origin;
       (iv) international engagement to develop processes for 
     repatriation and reintegration of foreign nationals from such 
     camps;
       (v) contingency plans for the relocation of detained and 
     displaced persons who are not able to be repatriated from 
     such camps;
       (vi) efforts to improve the humanitarian conditions in such 
     camps, including through the delivery of medicine, 
     psychosocial support, clothing, education, and improved 
     housing; and
       (vii) assessed humanitarian and security needs of all camps 
     and detainment facilities based on prioritization of such 
     camps and facilities most at risk of humanitarian crises, 
     external attacks, or internal violence; and
       (B) a plan to improve, in such camps--
       (i) security conditions, including by training of personnel 
     and through construction; and
       (ii) humanitarian conditions;
       (C) a framework for measuring progress of humanitarian, 
     security, and repatriation efforts with the goal of closing 
     such camps; and
       (D) any other matter the Secretary of State considers 
     appropriate.
       (f) Annual Interagency Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and not less frequently than 
     annually thereafter through January 31, 2025, the Senior 
     Coordinator, in coordination with the relevant agencies, 
     shall submit to the appropriate committees of Congress a 
     detailed report that includes the following:
       (A) A detailed description of the facilities and camps 
     where detained ISIS members, and families with perceived ISIS 
     affiliation, are being held and housed, including--
       (i) a description of the security and management of such 
     facilities and camps
       (ii) an assessment of resources required for the security 
     of such facilities and camps; and
       (iii) an assessment of the adherence by the operators of 
     such facilities and camps to international humanitarian law 
     standards.
       (B) A description of all efforts undertaken by the United 
     States Government to address deficits in the humanitarian 
     environment and security of such facilities and camps.
       (C) A description of all multilateral and international 
     engagements related to humanitarian access and provision of 
     basic services to, and freedom of movement and security and 
     safe return of, displaced persons at camps or facilities in 
     Iraq, Syria, and any other area affected by ISIS activity, 
     including a description of--
       (i) support for efforts by the Syrian Democratic Forces to 
     facilitate the return and reintegration of displaced people 
     from Iraq and Syria;
       (ii) repatriation efforts with respect to displaced women 
     and children;
       (iii) any current or future potential threat to United 
     States national security interests posed by detained ISIS 
     members or displaced families, including an analysis of the 
     al-Hol camp and annexes; and
       (iv) United States Government plans and strategies to 
     respond to any threat identified under clause (iii).
       (D) To the greatest extent practicable under the law and 
     consistent with Department of Justice policy, an analysis 
     of--
       (i) United States efforts to prosecute detained or 
     displaced ISIS members; and
       (ii) the outcomes of such efforts.
       (E) A detailed description of any option to expedite 
     prosecution of any detained ISIS member, including in a court 
     of competent jurisdiction outside of the United States.
       (F) An analysis of factors on the ground in Syria and Iraq 
     that may result in the unintended release of detained or 
     displaced ISIS members, and an assessment of any measures 
     available to mitigate such releases.
       (G) A detailed description of efforts to coordinate the 
     disposition and security of detained or displaced ISIS 
     members with other countries and international organizations, 
     including the International Criminal Police Organization, to 
     ensure secure chains of custody and locations of such ISIS 
     members.
       (H) An analysis of the manner in which the United States 
     Government communicates on such proposals and efforts with 
     the families of United States citizens believed to have been 
     victims of a criminal act by a detained or displaced ISIS 
     member.
       (I) An analysis of all efforts between the United States 
     and partner countries within the Global Coalition to Defeat 
     ISIS or other countries to share intelligence or evidence 
     that may aid in the prosecution of ISIS members, and any 
     legal obstacles that may hinder such efforts.
       (J) Any other matter the Coordinator considers appropriate.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form but may include a classified 
     annex.
                                 ______
                                 
  SA 5859. Mr. DURBIN (for himself and Mr. Rubio) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy,

[[Page S5333]]

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

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

     SEC. 1239. PROHIBITION AGAINST UNITED STATES RECOGNITION OF 
                   THE RUSSIAN FEDERATION'S CLAIM OF SOVEREIGNTY 
                   OVER ANY PORTION OF UKRAINE.

       (a) Statement of Policy.--It is the policy of the United 
     States not to recognize the Russian Federation's claim of 
     sovereignty over any portion of the internationally-
     recognized territory of Ukraine, including its airspace and 
     its territorial waters.
       (b) Prohibition.--In accordance with subsection (a), no 
     Federal department or agency may take any action or extend 
     any assistance that implies recognition of the Russian 
     Federation's claim of sovereignty over any portion of the 
     internationally-recognized territory of Ukraine, including 
     its airspace and its territorial waters.
                                 ______
                                 
  SA 5860. Ms. SINEMA (for herself and Mr. Kelly) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 10__. OLD PASCUA COMMUNITY LAND ACQUISITION.

       (a) Definitions.--In this section:
       (1) Compact-designated area.--The term ``Compact Designated 
     Area'' means the area south of West Grant Road, east of 
     Interstate 10, north of West Calle Adelanto, and west of 
     North 15th Avenue in the City of Tucson, Arizona, as provided 
     specifically in the Pascua Yaqui Tribe--State of Arizona 
     Amended and Restated Gaming Compact signed in 2021.
       (2) Tribe.--The term ``Tribe'' means the Pascua Yaqui Tribe 
     of Arizona, a federally recognized Indian tribe.
       (3) Indian tribe.--The term ``Indian Tribe''--
       (A) means any Indian tribe, band, nation, or other 
     organized group or community, including any Alaska Native 
     village that is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians; and
       (B) does not include any Alaska Native regional or village 
     corporation.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Land to Be Held in Trust.--Upon the request of the 
     Tribe, the Secretary shall accept and take into trust for the 
     benefit of the Tribe, subject to all valid existing rights, 
     any land within the Compact-Designated Area that is owned by 
     the Tribe.
       (c) Application of Current Law.--Gaming conducted by the 
     Tribe in the Compact-Designated Area shall be subject to--
       (1) the Indian Gaming Regulatory Act (25 U.S.C. 2701 et 
     seq.); and
       (2) sections 1166 through 1168 of title 18, United States 
     Code.
       (d) Reaffirmation of Status and Actions.--
       (1) Administration.--Land placed into trust pursuant to 
     this section shall--
       (A) be a part of the Pascua Yaqui Reservation and 
     administered in accordance with the laws and regulations 
     generally applicable to land held in trust by the United 
     States for an Indian Tribe; and
       (B) be deemed to have been acquired and taken into trust on 
     September 18, 1978.
       (2) Rules of construction.--Nothing in this section shall--
       (A) enlarge, impair, or otherwise affect any right or claim 
     of the Tribe to any land or interest in land in existence 
     before the date of the enactment of this Act;
       (B) affect any water right of the Tribe in existence before 
     the date of the enactment of this Act;
       (C) terminate or limit any access in any way to any right-
     of-way or right-of-use issued, granted, or permitted before 
     the date of the enactment of this Act; or
       (D) alter or diminish the right of the Tribe to seek to 
     have additional land taken into trust by the United States 
     for the benefit of the Tribe.
                                 ______
                                 
  SA 5861. Ms. SINEMA (for herself and Mr. Kelly) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10__. NOGALES WASTEWATER IMPROVEMENT.

       (a) Amendment to the Act of July 27, 1953.--The first 
     section of the Act of July 27, 1953 (67 Stat. 195, chapter 
     242; 22 U.S.C. 277d-10), is amended by striking the period at 
     the end and inserting ``: Provided further, That the 
     equitable portion of the Nogales sanitation project for the 
     city of Nogales, Arizona, shall be limited to the costs 
     directly associated with the treatment and conveyance of the 
     wastewater of the city and, to the extent practicable, shall 
     not include any costs directly associated with the quality or 
     quantity of wastewater originating in Mexico.''.
       (b) Nogales Sanitation Project.--
       (1) Definitions.--In this subsection:
       (A) City.--The term ``City'' means the City of Nogales, 
     Arizona.
       (B) Commission.--The term ``Commission'' means the United 
     States Section of the International Border and Water 
     Commission.
       (C) International outfall interceptor.--The term 
     ``International Outfall Interceptor'' means the pipeline that 
     conveys wastewater from the United States-Mexico border to 
     the Nogales International Wastewater Treatment Plant.
       (D) Nogales international wastewater treatment plant.--The 
     term ``Nogales International Wastewater Treatment Plant'' 
     means the wastewater treatment plant that--
       (i) is operated by the Commission;
       (ii) is located in Rio Rico, Santa Cruz County, Arizona, 
     after manhole 99; and
       (iii) treats sewage and wastewater originating from--

       (I) Nogales, Sonora, Mexico; and
       (II) Nogales, Arizona.

       (2) Ownership and control.--
       (A) In general.--Subject to subparagraph (B) and in 
     accordance with authority under the Act of July 27, 1953 (67 
     Stat. 195, chapter 242; 22 U.S.C. 277d-10 et seq.), on 
     transfer by donation from the City of the current stake of 
     the City in the International Outfall Interceptor to the 
     Commission, the Commission shall enter into such agreements 
     as are necessary to assume full ownership and control over 
     the International Outfall Interceptor.
       (B) Agreements required.--The Commission shall assume full 
     ownership and control over the International Outfall 
     Interceptor under subparagraph (A) after all applicable 
     governing bodies in the State of Arizona, including the City, 
     have--
       (i) signed memoranda of understanding granting to the 
     Commission access to existing easements for a right of entry 
     to the International Outfall Interceptor for the life of the 
     International Outfall Interceptor;
       (ii) entered into an agreement with respect to the flows 
     entering the International Outfall Interceptor that are 
     controlled by the City; and
       (iii) agreed to work in good faith to expeditiously enter 
     into such other agreements as are necessary for the 
     Commission to operate and maintain the International Outfall 
     Interceptor.
       (3) Operations and maintenance.--
       (A) In general.--Beginning on the date on which the 
     Commission assumes full ownership and control of the 
     International Outfall Interceptor under paragraph (2)(A), but 
     subject to paragraph (5), the Commission shall be responsible 
     for the operations and maintenance of the International 
     Outfall Interceptor.
       (B) Authorization of appropriations.--There are authorized 
     to be appropriated to the Commission to carry out this 
     paragraph, to remain available until expended--
       (i) $4,400,000 for fiscal year 2023; and
       (ii) not less than $2,500,000 for fiscal year 2024 and each 
     fiscal year thereafter.
       (4) Debris screen.--
       (A) Debris screen required.--
       (i) In general.--The Commission shall construct, operate, 
     and maintain a debris screen at Manhole One of the 
     International Outfall Interceptor for intercepting debris and 
     drug bundles coming to the United States from Nogales, 
     Sonora, Mexico.
       (ii) Requirement.--In constructing and operating the debris 
     screen under clause (i), the Commission and the Commissioner 
     of U.S. Customs and Border Protection shall coordinate--

       (I) the removal of drug bundles and other illicit goods 
     caught in the debris screen; and
       (II) other operations at the International Outfall 
     Interceptor that require coordination.

       (B) Authorization of appropriations.--There are authorized 
     to be appropriated to the Commission, to remain available 
     until expended--
       (i) $11,900,000 for fiscal year 2023 for construction of 
     the debris screen described in subparagraph (A)(i); and
       (ii) $2,200,000 for fiscal year 2024 and each fiscal year 
     thereafter for the operations and maintenance of the debris 
     screen described in subparagraph (A)(i).
       (5) Limitation of claims.--Chapter 171 and section 1346(b) 
     of title 28, United States Code (commonly known as the 
     ``Federal Tort Claims Act''), shall not apply to any claim 
     arising from the activities of the Commission in carrying out 
     this subsection, including any claim arising from damages 
     that result from overflow of the International Outfall 
     Interceptor due to excess inflow to the International Outfall 
     Interceptor originating from Nogales, Sonora, Mexico.
  

                                 ______
                                 
  SA 5862. Ms. SINEMA submitted an amendment intended to be proposed to

[[Page S5334]]

amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10__. URBAN WATERS FEDERAL PARTNERSHIP PROGRAM.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Member agencies.--The term ``member agencies'' means 
     each of--
       (A) the Environmental Protection Agency;
       (B) the Department of the Interior;
       (C) the Department of Agriculture;
       (D) the Corps of Engineers;
       (E) the National Oceanic and Atmospheric Administration;
       (F) the Economic Development Administration;
       (G) the Department of Housing and Urban Development;
       (H) the Department of Transportation;
       (I) the Department of Energy;
       (J) the Department of Education;
       (K) the National Institute for Environmental Health 
     Sciences;
       (L) the Community Development Financial Institutions Fund;
       (M) the Federal Emergency Management Agency;
       (N) the Corporation for National and Community Service; and
       (O) such other agencies, departments, and bureaus that 
     elect to participate in the Urban Waters program as the 
     missions, authorities, and appropriated funding of those 
     agencies, departments, and bureaus allow.
       (3) Secretaries.--The term ``Secretaries'' means the 
     Secretary of the Interior and the Secretary of Agriculture.
       (4) Urban waters ambassador.--The term ``Urban Waters 
     ambassador'' means a person who--
       (A) is locally based near the applicable Urban Waters 
     partnership location; and
       (B) serves in a central coordinating role for the work 
     carried out in the applicable Urban Waters partnership 
     location with respect to the Urban Waters program.
       (5) Urban waters nonpartnership location.--The term ``Urban 
     Waters nonpartnership location'' means an urban or municipal 
     site and the associated watershed or waterbody of the site--
       (A) that receives Federal support for activities that 
     advance the purpose of the Urban Waters program; but
       (B)(i) that is not formally designated as an Urban Waters 
     partnership location; and
       (ii) for which is not maintained--
       (I) an active partnership with an Urban Waters ambassador; 
     or
       (II) an Urban Waters partnership location workplan.
       (6) Urban waters partnership location.--The term ``Urban 
     Waters partnership location'' means an urban or municipal 
     site and the associated watershed or waterbody of the site 
     for which--
       (A) the Administrator, in collaboration with the heads of 
     the other member agencies, has formally designated as a 
     partnership location under the Urban Waters program; and
       (B) an active partnership with an Urban Waters ambassador 
     is maintained.
       (7) Urban waters partnership location workplan.--The term 
     ``Urban Waters partnership location workplan'' means the plan 
     for projects and actions that is coordinated across an Urban 
     Waters partnership location.
       (8) Urban waters program.--The term ``Urban Waters 
     program'' means the program authorized under subsection (b).
       (b) Authorization.--There is authorized a program, to be 
     known as the ``Urban Waters Federal Partnership Program'', 
     administered by the partnership of the member agencies--
       (1) to jointly support and execute the goals of the Urban 
     Waters program through the independent authorities and 
     appropriated funding of the member agencies; and
       (2) to advance the purpose described in subsection (c) 
     within designated Urban Waters partnership locations and 
     other urban and suburban communities in the United States.
       (c) Program Purpose.--The purpose of the Urban Waters 
     program is to reconnect urban communities, particularly urban 
     communities that are overburdened or economically distressed, 
     with associated waterways by improving coordination among 
     Federal agencies.
       (d) Program Requirements.--
       (1) In general.--Subject to the availability of 
     appropriations, the Administrator, in coordination with the 
     Secretaries and, as appropriate, the heads of the other 
     member agencies, shall maintain the Urban Waters program in 
     accordance with this subsection.
       (2) Urban waters federal partnership steering committee.--
       (A) Establishment.--
       (i) In general.--The Administrator shall establish a 
     steering committee for the Urban Waters program (referred to 
     in this paragraph as the ``steering committee'').
       (ii) Chair.--The Administrator shall serve as chairperson 
     of the steering committee.
       (iii) Vice-chairs.--The Secretaries shall serve as vice-
     chairpersons of the steering committee.
       (iv) Membership.--In addition to the Administrator and the 
     Secretaries, the members of the steering committee shall be 
     the senior officials (or their designees) from such member 
     agencies as the Administrator shall designate.
       (B) Duties.--The steering committee shall provide general 
     guidance to the member agencies with respect to the Urban 
     Waters program, including guidance with respect to--
       (i) the identification of annual priority issues for 
     special emphasis within Urban Waters partnership locations; 
     and
       (ii) the identification of funding opportunities, which 
     shall be communicated to all Urban Waters partnership 
     locations.
       (C) Interagency financing.--Notwithstanding section 1346 of 
     title 31, United States Code, section 708 of division E of 
     the Consolidated Appropriations Act, 2022 (Public Law 117-
     103; 136 Stat. 295), or any other similar provision of law, 
     member agencies may--
       (i) provide interagency financing to the steering 
     committee; and
       (ii) directly transfer such amounts as are necessary to 
     support the activities of the steering committee.
       (3) Authority.--
       (A) Partnership locations.--
       (i) Partnership locations.--The Administrator and the 
     Secretaries shall maintain an active partnership program 
     under the Urban Waters program at each Urban Waters 
     partnership location, including each Urban Waters partnership 
     location in existence on the date of enactment of this Act, 
     by providing--

       (I) technical assistance for projects to be carried out 
     within the Urban Waters partnership location;
       (II) funding for projects to be carried out within the 
     Urban Waters partnership location;
       (III) funding for an Urban Waters ambassador for the Urban 
     Waters partnership location; and
       (IV) coordination support with other member agencies with 
     respect to activities carried out at the Urban Waters 
     partnership location.

       (ii) New partnership locations.--

       (I) In general.--The Administrator and the Secretaries may, 
     in consultation with the heads of other member agencies, 
     establish new Urban Waters partnership locations.
       (II) Nonpartnership locations.--A community with an Urban 
     Waters nonpartnership location may, at the discretion of the 
     community, seek to have the Urban Waters nonpartnership 
     location designated as an Urban Waters partnership location.

       (B) Authorized activities.--
       (i) Definition of eligible entity.--In this subparagraph, 
     the term ``eligible entity'' means--

       (I) a State;
       (II) a territory or possession of the United States;
       (III) the District of Columbia;
       (IV) an Indian Tribe;
       (V) a unit of local government;
       (VI) a public or private institution of higher education;
       (VII) a public or private nonprofit institution;
       (VIII) an intertribal consortium;
       (IX) an interstate agency; and
       (X) any other entity determined to be appropriate by the 
     Administrator.

       (ii) Activities.--In carrying out the Urban Waters program, 
     a member agency may--

       (I) encourage, cooperate with, and render technical 
     services to and provide financial assistance to support--

       (aa) Urban Water ambassadors to conduct activities with 
     respect to the applicable Urban Waters partnership location, 
     including--
       (AA) convening the appropriate Federal and non-Federal 
     partners for the Urban Waters partnership location;
       (BB) developing and carrying out an Urban Waters 
     partnership location workplan;
       (CC) leveraging available Federal and non-Federal resources 
     for projects within the Urban Waters partnership location; 
     and
       (DD) sharing information and best practices with the Urban 
     Waters Learning Network established under subparagraph (C); 
     and
       (bb) an eligible entity in carrying out--
       (AA) projects at Urban Water partnership locations that 
     provide habitat or water quality improvements, increase river 
     recreation, enhance community resiliency, install 
     infrastructure, strengthen community engagement with and 
     education with respect to water resources, or support 
     planning, coordination, and execution of projects identified 
     in the applicable Urban Waters partnership location workplan; 
     and
       (BB) planning, research, experiments, demonstrations, 
     surveys, studies, monitoring, training, and outreach to 
     advance the purpose described in subsection (c) within Urban 
     Waters partnership locations and in Urban Waters 
     nonpartnership locations; and

       (II) transfer funds to or enter into interagency agreements 
     with other member agencies as necessary to carry out the 
     Urban Waters program.

       (C) Urban waters learning network.--The Administrator and 
     the Secretaries shall maintain an Urban Waters Learning 
     Network--

[[Page S5335]]

       (i) to share information, resources, and tools between 
     Urban Waters partnership locations and with other interested 
     communities; and
       (ii) to carry out community-based capacity building that 
     advances the goals of the Urban Waters program.
       (D) Workplan progress.--Progress in addressing the goals of 
     the Urban Waters partnership location workplan of an Urban 
     Waters partnership location shall be shared with the Urban 
     Waters program at regular intervals, as determined by the 
     Administrator and the Secretaries.
       (e) Reports to Congress.--The Administrator and the 
     Secretaries shall annually submit to the appropriate 
     committees of Congress a report describing the progress in 
     carrying out the Urban Waters program, which shall include--
       (1) a description of the use of funds under the Urban 
     Waters program;
       (2) a description of the progress made in carrying out 
     Urban Waters partnership location workplans; and
       (3) any additional information that the Administrator and 
     the Secretaries determine to be appropriate.
       (f) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Administrator to carry out the Urban Waters program 
     $10,000,000 for each of fiscal years 2023 through 2027.
       (2) Use of funds.--Notwithstanding any other provision of 
     law, activities carried out using amounts made available to 
     the Administrator under paragraph (1) may be used in 
     conjunction with amounts made available from--
       (A) other member agencies; and
       (B) non-Federal entities that participate in the Urban 
     Waters program.
                                 ______
                                 
  SA 5863. Mr. DAINES submitted an amendment intended to be proposed to 
amendment SA 5745 proposed by Mr. Schumer to the bill H.R. 6833, to 
amend title XXVII of the Public Health Service Act, the Internal 
Revenue Code of 1986, and the Employee Retirement Income Security Act 
of 1974 to establish requirements with respect to cost-sharing for 
certain insulin products, and for other purposes; which was ordered to 
lie on the table; as follows:

       In division A, after section 157, insert the following:
       Sec. 158.  None of the amounts made available by section 
     101 may be used to transport aliens who are unlawfully 
     present in the United States to any place in the United 
     States that is more than 100 miles from the nearest 
     international border.
                                 ______
                                 
  SA 5864. Mr. DAINES submitted an amendment intended to be proposed by 
him to the bill H.R. 6833, to amend title XXVII of the Public Health 
Service Act, the Internal Revenue Code of 1986, and the Employee 
Retirement Income Security Act of 1974 to establish requirements with 
respect to cost-sharing for certain insulin products, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 105. INVALIDATION OF CERTAIN REGULATIONS REGARDING 
                   RESTRICTIONS FOR NONCITIZENS AT LAND PORTS OF 
                   ENTRY AND FERRIES SERVICE BETWEEN CANADA AND 
                   THE UNITED STATES.

        Beginning on the date of the enactment of this Act, the 
     ``Notification of Temporary Travel Restrictions Applicable to 
     Land Ports of Entry and Ferries Service Between the United 
     States and Canada'' (87 Fed. Reg. 24048 (April 22, 2022)), 
     which announced the decision of the Secretary of Homeland 
     Security to restrict the travel of noncitizens into the 
     United States from Canada to those who are fully vaccinated 
     against COVID-19, shall have no force or effect.
                                 ______
                                 
  SA 5865. Mr. MORAN (for himself and Ms. Rosen) submitted an amendment 
intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for 
himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 
7900, to authorize appropriations for fiscal year 2023 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 706. EXPANSION OF ELIGIBILITY FOR HEARING AIDS TO 
                   INCLUDE CHILDREN OF CERTAIN RETIRED MEMBERS OF 
                   THE UNIFORMED SERVICES.

       Paragraph (16) of section 1077(a) of title 10, United 
     States Code, is amended to read as follows:
       ``(16) Except as provided by subsection (g), a hearing aid, 
     but only if the dependent has a profound hearing loss, as 
     determined under standards prescribed in regulations by the 
     Secretary of Defense in consultation with the administering 
     Secretaries, and only for the following dependents:
       ``(A) A dependent of a member of the uniformed services on 
     active duty.
       ``(B) A dependent under subparagraph (D) or (I) of section 
     1072(2) of this title of a former member of the uniformed 
     services who--
       ``(i) is entitled to retired or retainer pay, or equivalent 
     pay; and
       ``(ii) is enrolled in family coverage under TRICARE 
     Prime.''.
                                 ______
                                 
  SA 5866. Mr. MORAN (for himself and Mr. Blumenthal) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:
        At the end of subtitle B of title III, add the following:

     SEC. 322. USE OF ALTERNATIVES TO OPEN-AIR BURN PITS IN 
                   DISPOSING WASTE.

       Section 317 of the National Defense Authorization Act for 
     Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2701 note) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``Committees on Armed 
     Services of the Senate and House of Representatives'' each 
     place it appears and inserting ``appropriate congressional 
     committees'';
       (B) in paragraph (4)(A), in the matter preceding clause 
     (i), by striking ``Committees on Armed Services of the Senate 
     and the House of Representatives'' and inserting 
     ``appropriate congressional committees''; and
       (C) by adding at the end the following new paragraphs:
       ``(5) Replacement of open-air burn pits.--Not later than 90 
     days after the date of the enactment of the James M. Inhofe 
     National Defense Authorization Act for Fiscal Year 2023, the 
     Secretary shall begin executing a plan to replace any open-
     air burn pits operated by partners or contracted vendors of 
     the Department of Defense that dispose of waste and are in 
     proximity to members of the Armed Forces with alternative 
     disposal methods.
       ``(6) Determination of alternative methods of disposal.--
     Not later than one year after the date of the enactment of 
     the James M. Inhofe National Defense Authorization Act for 
     Fiscal Year 2023, the Secretary shall--
       ``(A) enter into an agreement with a nongovernmental 
     research organization to determine alternative methods of 
     deployable solid waste disposal that meet the needs of world-
     wide contingency operations; and
       ``(B) submit to the appropriate congressional committees a 
     report on the alternative methods determined under 
     subparagraph (A).
       ``(7) Notification of use of open-air burn pit.--If members 
     of the Armed Forces are in proximity to an open-air burn pit 
     used by the Department of Defense or any partner or 
     contracted vendor of the Department, the Secretary shall 
     notify such members and the appropriate congressional 
     committees of--
       ``(A) the use of an open-air burn pit in that location; and
       ``(B) a description of--
       ``(i) the material burned in the open-air burn pit; and
       ``(ii) the substances emitted from the open-air burn 
     pit.'';
       (2) in subsection (c), in the matter preceding paragraph 
     (1), by striking ``Committees on Armed Services of the Senate 
     and House of Representatives'' and inserting ``appropriate 
     congressional committees''; and
       (3) in subsection (d)--
       (A) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively; and
       (B) by inserting before paragraph (2), as redesignated by 
     subparagraph (A), the following new paragraph (1):
       ``(1) The term `appropriate congressional committees' 
     means--
       ``(A) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the Senate; and
       ``(B) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the House of Representatives.''.
                                 ______
                                 
  SA 5867. Mr. MORAN submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 517. DIVESTITURE OF TACTICAL CONTROL PARTY.

       No divestiture of any Tactical Control Party specialist 
     force structure from the Air National Guard may occur until 
     the Chief of the National Guard Bureau, in consultation with 
     the Chief of Staff of the Army and the Commandant of the 
     Marine Corps, provides a

[[Page S5336]]

     report to the congressional defense committees describing--
       (1) the capability gaps caused by divestiture of Tactical 
     Control Party force structure from the Air National Guard and 
     its impact on the Department of Defense to execute the 
     National Defense Strategy;
       (2) the impacts of such divestiture to the operational 
     capabilities of the Army National Guard.
                                 ______
                                 
  SA 5868. Mr. MORAN submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 706. EXPANSION OF ELIGIBILITY FOR HEARING AIDS TO 
                   INCLUDE CHILDREN OF CERTAIN RETIRED MEMBERS OF 
                   THE UNIFORMED SERVICES.

       Paragraph (16) of section 1077(a) of title 10, United 
     States Code, is amended to read as follows:
       ``(16) Except as provided by subsection (g), a hearing aid, 
     but only if the dependent has a profound hearing loss, as 
     determined under standards prescribed in regulations by the 
     Secretary of Defense in consultation with the administering 
     Secretaries, and only for the following dependents:
       ``(A) A dependent of a member of the uniformed services on 
     active duty.
       ``(B) A dependent under subparagraph (D) or (I) of section 
     1072(2) of this title of a former member of the uniformed 
     services who is entitled to retired or retainer pay, or 
     equivalent pay.''.
                                 ______
                                 
  SA 5869. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1262. REPORT ON ARMS TRAFFICKING IN HAITI.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of Commerce and the Attorney 
     General, shall submit to the appropriate congressional 
     committees a report on arms trafficking in Haiti.
       (b) Matters to Be Included.--The report shall include the 
     following:
       (1) The number and category of United States-origin weapons 
     in Haiti, including those in possession of the Haitian 
     National Police or other state authorities and diverted 
     outside of their control and the number of United States-
     origin weapons believed to be illegally trafficked from the 
     United States since 1991.
       (2) The major routes by which illegal arms are trafficked 
     into Haiti.
       (3) The major Haitian seaports, airports, and other border 
     crossings where illegal arms are trafficked.
       (4) An accounting of the ways individuals trafficking arms 
     to Haiti evade Haitian and United States law enforcement and 
     customs officials.
       (5) A description of networks among Haitian government 
     officials, Haitian customs officials, and gangs and others 
     illegally involved in arms trafficking.
       (6) Whether any end-use agreements between the United 
     States and Haiti in the issuance of United States-origin 
     weapons have been violated.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on the Judiciary of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on the Judiciary of the 
     House of Representatives.
                                 ______
                                 
  SA 5870. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:
        At the end of subtitle A of title XII, add the following:

     SEC. 1214. LIU XIAOBO FUND FOR STUDY OF THE CHINESE LANGUAGE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States Government, as an alternative to 
     Confucius Institutes, should invest heavily into programs and 
     institutions that contribute to a robust pipeline of United 
     States persons learning China's many languages; and
       (2) it is in the national security interests of the United 
     States to ensure that United States persons continue to 
     invest in Chinese language skills and the Tibetan, Uyghur, 
     and Mongolian languages, in an environment that is free of 
     malign political influence from foreign state actors.
       (b) Definitions.--In this section:
       (1) Alaska native-serving institution.--The term ``Alaska 
     Native-serving institution'' has the meaning given such term 
     in section 317(b) of the Higher Education Act of 1965 (20 
     U.S.C. 1059d(b))
       (2) Asian american and native american pacific islander-
     serving institution.--The term ``Asian American and Native 
     American Pacific Islander-serving institution'' has the 
     meaning given such term in section 371(c) of the Higher 
     Education Act of 1965 (20 U.S.C. 1067q(c)).
       (3) Hispanic-serving institution.--The term ``Hispanic-
     serving institution'' has the meaning given such term in 
     section 502 of the Higher Education Act of 1965 (20 U.S.C. 
     1101a).
       (4) Historically black college or university.--The term 
     ``historically Black college or university'' means a part B 
     institution described in section 322(2) of the Higher 
     Education Act of 1965 (22 U.S.C. 1061(2)).
       (5) Native american-serving nontribal institution.--The 
     term ``Native American-serving nontribal institution'' has 
     the meaning given such term in section 371(c) of the Higher 
     Education Act of 1965 (20 U.S.C. 1067q(c)).
       (6) Native hawaiian-serving institution.--The term ``Native 
     Hawaiian-serving institution'' has the meaning given such 
     term in section 317(b) of the Higher Education Act of 1965 
     (20 U.S.C. 1059d(b)).
       (7) Predominantly black institution.--The term 
     ``Predominantly Black institution'' has the meaning given 
     such term in section 371(c) of the Higher Education Act of 
     1965 (20 U.S.C. 1067q(c)).
       (8) Tribal college or university.--The term ``Tribal 
     College or University'' has the meaning given such term in 
     section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059c(b)).
       (c) Establishment of the Liu Xiaobo Fund for Study of the 
     Chinese Language.--
       (1) In general.--The Secretary of State shall establish, in 
     the Department of State, the ``Liu Xiaobo Fund for Study of 
     the Chinese Language'' (referred to in this section as the 
     ``Fund''), which shall be used to fund study by United States 
     persons of Mandarin and Cantonese Chinese, Tibetan, Uyghur, 
     Mongolian, and other contemporary spoken languages of China. 
     Such study may take place in the United States or outside of 
     the United States.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated to the Liu Xiaobo Fund for Study of the 
     Chinese Language for fiscal year 2023, and for each 
     subsequent fiscal year, $10,000,000, which shall be used to 
     carry out the activities described in subsection (d).
       (3) Interagency funds transfers.--The Secretary of State, 
     after notifying the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives, may transfer amounts appropriated to the 
     Fund pursuant to paragraph (2) to carry out this section to 
     other appropriate Federal departments and agencies for 
     similar purposes. The heads of each Federal department or 
     agency receiving a transfer pursuant to this subsection shall 
     consult with the Secretary of State regarding the preparation 
     of the report required under subsection (e).
       (4) Limitations.--Amounts deposited into the Fund pursuant 
     to paragraph (2) may only be made available for--
       (A) the costs of language study programs carried out or 
     approved by the Department of State, including related 
     administrative costs incurred by the Department; and
       (B) programs carried out by other Federal departments and 
     agencies pursuant to a transfer authorized under paragraph 
     (3).
       (5) Offset.--Notwithstanding the amounts set forth in the 
     funding tables in division D, the amount authorized to be 
     appropriated for Operations and Maintenance, Defense-Wide, as 
     specified in the corresponding funding table in section 4301, 
     is hereby reduced by $10,000,000.
       (d) Required Activities.--Amounts appropriated pursuant to 
     subsection (c)(2)--
       (1) shall be expended for the advancement of the national 
     security and foreign policy interests of the United States, 
     as determined by the Secretary of State;
       (2) shall favor funding mechanisms that--
       (A) maximize the total number of United States persons 
     given the opportunity to acquire full conversational 
     linguistic proficiency in Mandarin and Cantonese Chinese, 
     Tibetan, Uyghur, Mongolian, and other contemporary spoken 
     languages of China; and

[[Page S5337]]

       (B) provide opportunities for such language study to areas 
     traditionally under-served by such opportunities;
       (3) shall be shaped by an ongoing consultative process 
     taking into account design inputs of--
       (A) civil society institutions, including Chinese diaspora 
     community organizations;
       (B) language experts in Mandarin and Cantonese Chinese, 
     Tibetan, Uyghur, Mongolian, and other contemporary spoken 
     languages of China;
       (C) organizations representing historically disadvantaged 
     socioeconomic groups in the United States; and
       (D) human rights organizations; and
       (4) shall favor opportunities to fund the study of Mandarin 
     and Cantonese Chinese, Tibetan, Uyghur, Mongolian, and other 
     contemporary spoken languages of China at Alaska Native-
     serving institutions, Asian American and Native American 
     Pacific Islander-serving institutions, Hispanic-serving 
     institutions, historically Black college or universities, 
     Native American-serving nontribal institutions, Native 
     Hawaiian-serving institutions, Predominantly Black 
     institutions, and Tribal Colleges or Universities.
       (e) Report.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act and annually thereafter for the 
     following 5 years, the Secretary of State, in consultation 
     with the heads of appropriate Federal departments and 
     agencies, shall submit a report to the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives that details the 
     disbursements made by the Fund and the activities carried out 
     during the immediately preceding academic year in support of 
     the goals of the Fund.
       (2) Contents.--Each report required under paragraph (1) 
     shall contain, with respect to the reporting period--
       (A) a detailed description of the institutions, programs, 
     and entities that received funds through the Liu Xiaobo Fund 
     for Study of the Chinese Language;
       (B) the amounts that were distributed by the Fund, 
     disaggregated by institution, program, or entity, including 
     identification of the State or country in which such 
     institution, program, or entity is located;
       (C) the number of United States persons whose language 
     study was subsidized by the Fund and the average amount per 
     person disbursed from the Fund for such study;
       (D) a comparative analysis of per dollar program 
     effectiveness and efficiency in allowing United States 
     persons to reach conversational proficiency Mandarin or 
     Cantonese Chinese, Tibetan, Uyghur, Mongolian, or other 
     contemporary spoken languages of China;
       (E) an analysis of which of the languages referred to in 
     subparagraph (D) were studied through the funding from the 
     Fund; and
       (F) any recommendations of the Secretary of State for 
     improvements to the authorities, priorities, or management of 
     the Fund.
                                 ______
                                 
  SA 5871. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1254. EXTENSION AND MODIFICATION OF THE ASIA REASSURANCE 
                   INITIATIVE ACT OF 2018.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the Indo-Pacific region is home to many of the world's 
     most dynamic democracies, economic opportunities, as well as 
     many challenges to United States interests and values as a 
     result of the growth in authoritarian governance in the 
     region and by broad challenges posed by nuclear 
     proliferation, the changing environment, and deteriorating 
     adherence to human rights principles and obligations;
       (2) the People's Republic of China poses a particular 
     threat as it repeatedly violates internationally recognized 
     human rights, engages in unfair economic and trade practices, 
     disregards international laws and norms, coerces its 
     neighbors, engages in malign influence operations, and 
     enables global digital authoritarianism;
       (3) the Asia Reassurance Initiative Act of 2018 (Public Law 
     115-409; 132 Stat 5387) (referred to in this section as 
     ``ARIA'') enhances the United States' commitment in the Indo-
     Pacific region by--
       (A) expanding its defense cooperation with its allies and 
     partners;
       (B) investing in democracy and the protection of human 
     rights;
       (C) engaging in cybersecurity initiatives; and
       (D) supporting people-to-people engagement and other shared 
     priorities; and
       (4) the 2019 Department of Defense Indo-Pacific Strategy 
     Report concludes that ARIA ``enshrines a generational whole-
     of-government policy framework that demonstrates U.S. 
     commitment to a free and open Indo-Pacific region''.
       (b) Authorization of Appropriations.--The Asia Reassurance 
     Initiative Act of 2018 (Public Law 115-409) is amended--
       (1) in section 201(b), by striking ``$1,500,000,000 for 
     each of the fiscal years 2019 through 2023'' and inserting 
     ``$2,000,000,000 for each of the fiscal years 2023 through 
     2027'';
       (2) in section 215(b), by striking ``2023'' and inserting 
     ``2027'';
       (3) in section 306(a)--
       (A) in paragraph (1), by striking ``5 years'' and inserting 
     ``8 years''; and
       (B) in paragraph (2), by striking ``2023'' and inserting 
     ``2027'';
       (4) in section 409(a)(1), by striking ``2023'' and 
     inserting ``2027'';
       (5) in section 410--
       (A) in subsection (c), by striking ``2023'' and inserting 
     ``2027''; and
       (B) in subsection (d), in the matter preceding paragraph 
     (1), by striking ``2023'' and inserting ``2027''; and
       (6) in section 411, by striking ``2023'' and inserting 
     ``2027''.
                                 ______
                                 
  SA 5872. Mr. MARKEY (for himself and Mr. Rubio) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of title XII, add the following:

            Subtitle G--Cambodia Democracy and Human Rights

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Cambodia Democracy and 
     Human Rights Act of 2022''.

     SEC. 1282. FINDINGS.

       Congress finds the following:
       (1) On October 23, 1991, Cambodia and 18 other countries 
     signed the Comprehensive Cambodian Peace Agreement (commonly 
     referred to as the ``Paris Peace Agreements''), which 
     committed Cambodia to a democratic system of governance 
     protected by a constitution and free and fair elections and 
     stated that the people of Cambodia ``shall enjoy the rights 
     and freedoms embodied in the Universal Declaration of Human 
     Rights and other relevant international human rights 
     instruments''.
       (2) Prime Minister Hun Sen has been in power in Cambodia 
     since 1984 and is the longest-serving leader in Southeast 
     Asia. Despite decades of international attention and 
     assistance to promote a pluralistic, multi-party democratic 
     system in Cambodia, the Government of Cambodia continues to 
     be undemocratically dominated by the ruling Cambodian 
     People's Party.
       (3) In 2015, the Cambodian People's Party-controlled 
     National Assembly adopted the Law on Associations and Non-
     Governmental Organizations, which gave the Government of 
     Cambodia sweeping powers to revoke the registration of 
     nongovernmental organizations in the name of ``national 
     unity'', and which the government has used to restrict the 
     legitimate work of civil society.
       (4) On August 23, 2017, Cambodia's Ministry of Foreign 
     Affairs ordered the closure of the National Democratic 
     Institute office in Cambodia and the expulsion of its foreign 
     staff. On September 15, 2017, Prime Minister Hun Sen called 
     for the withdrawal of all volunteers from the United States 
     Peace Corps, which has operated in Cambodia since 2006 with 
     approximately 500 United States volunteers providing English 
     language and healthcare training.
       (5) The Government of Cambodia has taken several measures 
     to restrict its media environment, especially through 
     politicized tax investigations against independent media 
     outlets that resulted in the closure of The Cambodia Daily 
     and Radio Free Asia in early September 2017. Additionally, 
     the Government of Cambodia has ordered several radio stations 
     to stop the broadcasting of Radio Free Asia and Voice of 
     America programming.
       (6) Cambodia's small number of independent trade unions and 
     workers have the right to strike, but many face retribution 
     for doing so, according to Freedom House.
       (7) Each of the 6 elections that have taken place in 
     Cambodia since 1991 was conducted in circumstances that were 
     not free and fair, and were marked, to varying degrees, by 
     fraud, intimidation, violence, and the misuse by the 
     Government of Cambodia of legal mechanisms to weaken 
     opposition candidates and parties. The 2017 local elections 
     were marked by fewer reported irregularities, however, which 
     helped the opposition Cambodia National Rescue Party (in this 
     section referred to as the ``CNRP''). Hun Sen responded to 
     those improvements in elections, resulting in part from 
     international assistance and observers, by banning the CNRP, 
     the primary opposition party, on November 16, 2017.
       (8) On September 3, 2017, Kem Sokha, the President of the 
     CNRP, was arrested on politically motivated charges, 
     including treason and conspiring to overthrow the Government 
     of Cambodia. While he was released on bail, he faces up to 30 
     years in prison.

[[Page S5338]]

       (9) In the most recent general election in July 2018, 
     following the dissolution of the CNRP, the Cambodian People's 
     Party secured every parliamentary seat, an electoral victory 
     that the White House Press Secretary stated was ``neither 
     free nor fair and failed to represent the will of the 
     Cambodian people''.
       (10) The widespread crackdown by the Government of Cambodia 
     on the political opposition and other independent voices has 
     caused many CNRP leaders to flee abroad. On March 12, 2019, a 
     court criminally charged and issued arrest warrants for 8 
     leading members of the CNRP, including former CNRP leader Sam 
     Rainsy, who had left Cambodia ahead of the July 2018 
     election, as well as Mu Sochua, Ou Chanrith, Eng Chhai Eang, 
     Men Sothavarin, Long Ry, Tob Van Chan, and Ho Vann.
       (11) The Government of Cambodia has arrested many 
     opposition party members and democracy activists who remained 
     in Cambodia. More than 80 opposition party supporters and 
     activists were arrested in 2019 and were released on bail 
     with charges still pending and could face re-arrest any time.
       (12) In November 2019, Sam Rainsy made a failed attempt to 
     return to Cambodia to partake in mass pro-democracy protests. 
     Approximately 150 CNRP activists were put on trial in 2020 
     and 2021 for treason for calling for his return.
       (13) In March 2021, a Cambodian court convicted and 
     sentenced Sam Rainsy in absentia to 25 years in prison and 8 
     other opposition figures living in exile, including Rainsy's 
     wife Tioulong Saumura, as well as Mu Sochua, Eng Chhay Eang, 
     Men Sothavarin, Ou Chanrith, Ho Vann, Long Ry, and Nuth 
     Romduol, to between 20 and 22 years.
       (14) On June 14, 2022, the Government of Cambodia convicted 
     51 opposition politicians and activists in a mass trial, many 
     of whom were convicted in abstentia on charges of 
     ``incitement'' and ``conspiracy'' for supporting the 
     development of democracy in Cambodia. Sentences ranged from 
     5-year suspended jail terms to 8 years in prison and serve to 
     further intimidate potential political opponents of the 
     regime of Prime Minister Hun Sen.
       (15) Prime Minister Hun Sen has used the coronavirus 
     disease 2019 (commonly known as ``COVID-19'') pandemic as 
     justification to further consolidate power and the Cambodia 
     People's Party-controlled National Assembly passed new laws 
     to further curtail the rights to freedom of expression, 
     peaceful assembly, and association.
       (16) According to Human Rights Watch, under the guise of 
     the pandemic, authorities--
       (A) banned protests organized by youth and environmental 
     activists;
       (B) detained and interrogated at least 30 people for 
     Facebook posts related to the pandemic; and
       (C) charged one journalist for pandemic-related reporting.
       (17) According to Freedom House, Hun Sen uses the police 
     and armed forces as instruments of repression. The military 
     has stood firmly behind Hun Sen and his crackdown on 
     opposition groups and Hun Sen has built a personal bodyguard 
     unit in the armed forces that he reportedly uses to harass 
     and abuse Cambodian People's Party opponents.
       (18) In August 2020, 14 youth and environmental activists 
     were detained by Cambodian authorities. In May 2021, 3 
     environmental activists were convicted on charges of 
     ``incitement to commit a felony or disturb social order'', 
     related to peaceful protests against authorities. In June 
     2021, a Cambodian court charged 3 environmental activists 
     with ``plotting against the government and insulting the 
     king''. The 2020 Country Reports on Human Rights Practices of 
     the Department of State reported ``at least 40 political 
     prisoners or detainees'' in Cambodia.
       (19) Beginning in December 2021, the Government of Cambodia 
     has restricted the labor rights of workers protesting working 
     conditions and illegal dismissals at the NagaWorld Casino, 
     including using the COVID-19 pandemic as an excuse to limit 
     the ability of workers to protest. In February 2022, 
     officials of the Government of Cambodia arrested 6 workers of 
     the casino after leaving a COVID-19 testing center, claiming 
     that they had obstructed testing.
       (20) In 2019, the Wall Street Journal reported that 
     Cambodia had signed a deal with the Government of the 
     People's Republic of China to allow that Government access to 
     and use of the Ream Naval Base on the Gulf of Thailand, even 
     though the Constitution of Cambodia prohibits the 
     establishment of foreign military bases.
       (21) In 2019, the New York Times reported that a company 
     described by the Department of the Treasury as being a state-
     owned company of the People's Republic of China had secured a 
     99-year lease to build an airport capable of supporting 
     military aircraft at Dara Sakor, raising concerns that 
     Beijing intends to use this dual-use facility for its 
     military, despite the prohibition against the establishment 
     of foreign military bases in the Constitution of Cambodia.
       (22) In section 401 of the Asia Reassurance Initiative Act 
     of 2018 (Public Law 115-409; 132 Stat. 5407), Congress 
     expressed serious concerns with the rule of law and civil 
     liberties in Cambodia and made the finding that the promotion 
     of human rights and respect for democratic values in the 
     Indo-Pacific region is in the United States national security 
     interest.
       (23) The 2020 Country Reports on Human Rights Practices of 
     the Department of State stated, of Cambodia, ``Corruption was 
     endemic throughout society and government. There were reports 
     police, prosecutors, investigating judges, and presiding 
     judges took bribes from owners of both legal and illegal 
     businesses. Citizens frequently and publicly complained about 
     corruption. Meager salaries contributed to `survival 
     corruption' among low-level public servants, while a culture 
     of impunity enabled corruption to flourish among senior 
     officials.''.
       (24) Section 7043(b) of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2022 
     (division K of Public Law 117-103; 136 Stat. 645) restricts 
     assistance to the Government of Cambodia until ``the 
     Secretary of State certifies and reports to the Committees on 
     Appropriations that such Government is taking effective steps 
     to--
       ``(i) strengthen regional security and stability, 
     particularly regarding territorial disputes in the South 
     China Sea and the enforcement of international sanctions with 
     respect to North Korea;
       ``(ii) assert its sovereignty against interference by the 
     People's Republic of China, including by verifiably 
     maintaining the neutrality of Ream Naval Base, other military 
     installations in Cambodia, and dual use facilities such as 
     the Dara Sakor development project;
       ``(iii) cease violence, threats, and harassment against 
     civil society and the political opposition in Cambodia, and 
     dismiss any politically motivated criminal charges against 
     critics of the government; and
       ``(iv) respect the rights, freedoms, and responsibilities 
     enshrined in the Constitution of the Kingdom of Cambodia as 
     enacted in 1993.''.
       (25) Section 201(f) of the Asia Reassurance Initiative Act 
     of 2018 (Public Law 115-409; 132 Stat. 5392) restricts 
     assistance to Cambodia until the Government of Cambodia takes 
     effective steps to--
       (A) strengthen regional security and stability, 
     particularly regarding territorial disputes in the South 
     China Sea and the enforcement of international sanctions with 
     respect to North Korea; and
       (B) respect the rights and responsibilities enshrined in 
     the Constitution of the Kingdom of Cambodia as enacted in 
     1993, including through the--
       (i) restoration of the civil and political rights of the 
     opposition Cambodia National Rescue Party, media, and civil 
     society organizations;
       (ii) restoration of all elected officials to their elected 
     offices; and
       (iii) release of all political prisoners, including 
     journalists, civil society activists, and members of the 
     opposition political party.
       (26) On December 9, 2019, the Department of the Treasury 
     imposed sanctions under the Global Magnitsky Human Rights 
     Accountability Act (22 U.S.C. 10101 et seq.) with respect to 
     certain corrupt Cambodian actors and their networks.
       (27) In February 2019, the European Union began intense 
     scrutiny of Cambodia's eligibility to for preferential trade 
     access in light of the deterioration of democracy, the rule 
     of law, and the protection of human rights in Cambodia. In 
     February 2020, the European Union, Cambodia's largest export 
     market, partially suspended trade preferences for Cambodia 
     under its ``Everything but Arms'' trade program, in response 
     to Cambodia's violations of civil and political rights.
       (28) In 2021, the Joint Vietnamese Friendship building, a 
     facility built by the Government of Vietnam, was relocated 
     off the Ream Naval Base, reportedly to avert conflicts with 
     military personnel of the People's Republic of China.
       (29) In 2022, the governments of the People's Republic of 
     China and Cambodia held a groundbreaking ceremony for a new 
     upgrade to the Ream Naval Base, which, according to the 
     Washington Post, would allow the People's Liberation Army to 
     have ``exclusive use of the northern portion of the base, 
     while their presence would remain concealed''.
       (30) On June 8, 2022, in the groundbreaking ceremony for 
     constructing new facilities of the Ream Naval Base, the 
     Ambassador of the People's Republic of China to Cambodia, 
     Wang Wentian, declared that the base would be a monument to 
     ``the ironclad friendship and cooperation between the two 
     militaries'' of the People's Republic of China and Cambodia.

     SEC. 1283. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the United States is committed to promoting democracy, 
     human rights, and the rule of law in Cambodia, as laid out in 
     the 1991 Paris Peace Agreements;
       (2) the United States Government, through diplomacy and 
     assistance, should urge the Government of Cambodia to--
       (A) release all political prisoners;
       (B) drop all politically motivated charges and vacate 
     convictions against members of the Cambodia National Rescue 
     Party, journalists, and civil society activists; and
       (C) restore full political rights to the Cambodia National 
     Rescue Party and other political parties;
       (3) the United States Government should urge the Government 
     of Cambodia--
       (A) to reverse the policies and actions that have resulted 
     in the dismantling of democracy, the blatant disregard of 
     fundamental human rights, and the breakdown of rule of law in 
     Cambodia;

[[Page S5339]]

       (B) to immediately discontinue the imprisonment and 
     judicial harassment of journalists, political dissidents, and 
     activists, and drop politically motivated charges;
       (C) to stop arrests and intimidation of civil society 
     members, including human rights activists, environmental 
     defenders, and labor leaders, and promote a flourishing civil 
     society that supports the political and economic development 
     of Cambodia;
       (D) to halt the threat of mass arrests and violence if and 
     when Cambodia National Rescue Party members currently 
     overseas return to Cambodia;
       (E) to reinstate the political status of the Cambodia 
     National Rescue Party and other opposition parties, restore 
     the Cambodia National Rescue Party's elected seats in the 
     National Assembly, and support electoral reform efforts in 
     Cambodia with free and fair elections monitored by 
     international observers;
       (F) to ensure that media outlets are able to operate freely 
     and without interference, including having the ability to 
     apply for and receive licenses to operate within Cambodia;
       (G) to consider how allowing the People's Liberation Army 
     to conduct activities, gain access, or establish a presence 
     in Cambodia would harm Cambodia's relationships with its 
     neighbors, partners, and allies, and could violate the 
     Constitution of Cambodia; and
       (H) to cease providing support to authoritarian regimes and 
     undermining democratic activists in the region, especially 
     through its ties to the Burmese military that seized power in 
     a coup d'etat on February 1, 2021, and instead play a 
     constructive role in multilateral organizations like the 
     Association of Southeast Asian Nations to promote peace and 
     democracy in the region;
       (4) Prime Minister Hun Sen is directly responsible, and 
     should be held accountable, for the safety, health, and 
     welfare of exiled Cambodia National Rescue Party leaders and 
     their supporters upon their return to Cambodia;
       (5) other governments throughout the Indo-Pacific region 
     should--
       (A) urge the Government of Cambodia to allow the peaceful 
     return of exiled Cambodia National Rescue Party leaders and 
     their supporters;
       (B) refrain from illegally restricting the rights of 
     Cambodia National Rescue Party members to travel to and 
     through their countries as they return; and
       (C) press the Government of Cambodia not to allow the 
     People's Liberation Army to use Cambodia's military 
     facilities or establish a presence within Cambodia;
       (6) in the absence of systemic democratic reforms on the 
     part of the Government of Cambodia, there is need for 
     additional measures by the United States Government, 
     including through the enactment of legislation and executive 
     action; and
       (7) the presence of the People's Liberation Army will 
     further enable Prime Minister Hun Sen's authoritarian 
     crackdown, including oppression of opposition parties, 
     independent civil society, and free media in Cambodia.

     SEC. 1284. SANCTIONS RELATING TO UNDERMINING DEMOCRACY IN 
                   CAMBODIA.

       (a) Identification of Persons Responsible for Undermining 
     Democracy in Cambodia.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees a list of--
       (A) any current or former official of the Government of 
     Cambodia or the military or security forces of Cambodian, or 
     any other foreign person, that the President determines 
     knowingly--
       (i) directly and substantially undermines democracy in 
     Cambodia;
       (ii) engages in or is responsible for serious human rights 
     abuses;
       (iii) engages in or is responsible for significant 
     corruption associated with undermining democracy in Cambodia; 
     or
       (iv) engages in or supports the establishment of 
     installations or facilities that could be used by the 
     People's Liberation Army or entities tied to the People's 
     Liberation Army in Cambodia, which could include persons 
     identified under paragraph (1) of section 1285(a) in the 
     report required by that section;
       (B) any person that the President determines is acting for 
     or on behalf of a person described in subparagraph (A) 
     related to conduct described in that subparagraph; and
       (C) any person that the President determines is owned or 
     controlled by a person described in subparagraph (A) and is 
     involved in conduct described in that subparagraph.
       (2) Updates.--The President shall submit to the appropriate 
     congressional committees updated lists under paragraph (1) as 
     new information becomes available.
       (b) Imposition of Sanctions.--The President shall impose 
     the following sanctions with respect to each foreign person 
     on the list required by subsection (a):
       (1) Asset blocking.--The President shall exercise all of 
     the powers granted to the President under the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) 
     (except that the requirements of section 202 of such Act (50 
     U.S.C. 1701) shall not apply) to the extent necessary to 
     block and prohibit all transactions in property and interests 
     in property of the person if such property and interests in 
     property are in the United States, come within the United 
     States, or are or come within the possession or control of a 
     United States person.
       (2) Aliens inadmissible for visas, admission, or parole.--
       (A) Visas, admission, or parole.--In the case of an 
     individual, that individual is--
       (i) inadmissible to the United States;
       (ii) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--The visa or other entry documentation of 
     the individual shall be revoked in accordance with section 
     221(i) of the Immigration and Nationality Act (8 U.S.C. 
     1201(i)), regardless of when such visa or other entry 
     documentation is or was issued.
       (ii) Immediate effect.--A revocation under clause (i) 
     shall--

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

       (c) Implementation; Penalties.--
       (1) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out this section.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     subsection (b)(1) or any regulation, license, or order issued 
     to carry out that subsection shall be subject to the 
     penalties set forth in subsections (b) and (c) of section 206 
     of the International Emergency Economic Powers Act (50 U.S.C. 
     1705) to the same extent as a person that commits an unlawful 
     act described in subsection (a) of that section.
       (d) Exceptions.--
       (1) Exception for intelligence and law enforcement 
     activities.--Sanctions under this section shall not apply 
     with respect to--
       (A) any activity subject to the reporting requirements 
     under title V of the National Security Act of 1947 (50 U.S.C. 
     3091 et seq.); or
       (B) any authorized intelligence or law enforcement 
     activities of the United States.
       (2) Exception to comply with international obligations.--
     Sanctions under subsection (b)(2) shall not apply with 
     respect to the admission or parole of an individual if 
     admitting or paroling the individual into the United States 
     is necessary to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success June 26, 1947, and entered into force 
     November 21,1947, between the United Nations and the United 
     States, or other applicable international obligations.
       (3) Exception relating to importation of goods.--
       (A) In general.--The authorities and requirements to impose 
     sanctions authorized under subsection (b)(1) shall not 
     include the authority or requirement to impose sanctions on 
     the importation of goods.
       (B) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply or manufactured product, including inspection and test 
     equipment, and excluding technical data.
       (e) Waiver.--The President may waive the application of 
     sanctions under subsection (b) with respect to a foreign 
     person on the list required by subsection (a) if the 
     President determines and certifies to the appropriate 
     congressional committees that such a waiver is in the 
     national interest of the United States.
       (f) Suspension of Sanctions.--
       (1) Suspension.--The requirement to impose sanctions under 
     this section may be suspended for an initial period of not 
     more than one year if the President determines and certifies 
     to the appropriate congressional committees that Cambodia is 
     making meaningful progress toward the following:
       (A) Ending government efforts to undermine democracy.
       (B) Ending human rights violations associated with 
     undermining democracy.
       (C) Releasing all political prisoners.
       (D) Dropping all politically motivated charges and vacating 
     convictions from any such charges against members of the 
     Cambodia National Rescue Party, journalists, and civil 
     society activists.
       (E) Conducting free and fair elections that allow for the 
     active participation of credible opposition candidates.
       (2) Renewal of suspension.--The suspension of sanctions 
     under paragraph (1) may be renewed for additional, 
     consecutive one-year periods if the President determines and 
     certifies to the appropriate congressional committees that 
     Cambodia continued to make meaningful progress toward 
     satisfying the conditions described in that paragraph during 
     the year preceding the certification.
       (g) Sunset.--This section shall terminate on the date that 
     is 5 years after the date of the enactment of this Act.

     SEC. 1285. REPORT ON ACTIVITY OF THE PEOPLE'S LIBERATION ARMY 
                   AND GOVERNMENT OF THE PEOPLE'S REPUBLIC OF 
                   CHINA IN CAMBODIA.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall submit to the 
     committees specified in subsection (c) a report assessing--
       (1) the involvement of the Government of the People's 
     Republic of China or the People's Liberation Army in 
     upgrading existing facilities or constructing new facilities 
     at Ream Naval Base and Dara Sakor Airport in Cambodia;

[[Page S5340]]

       (2) any actual or projected benefits, including any 
     enhancement of the power projection capabilities of the 
     People's Liberation Army, that the Government of the People's 
     Republic of China or the People's Liberation Army may accrue 
     as a result of such upgrades or construction;
       (3) the impact that the presence of the People's Liberation 
     Army in Cambodia may have on the interests, allies, and 
     partners of the United States in the region;
       (4) any efforts undertaken by the United States Government 
     to convey to the Government of Cambodia the concerns relating 
     to the presence of the People's Liberation Army and the 
     Government of the People's Republic of China in Cambodia and 
     the impact that presence could have on security in the South 
     China Sea and the Indo-Pacific region more broadly and on 
     adherence to the Constitution of Cambodia;
       (5) the impact the presence of the People's Liberation Army 
     in Cambodia, as well as closer government-to-government ties 
     between Cambodia and the Government of the People's Republic 
     of China, including through investments under the Belt and 
     Road Initiative, has had on the deterioration of democracy 
     and human rights inside Cambodia; and
       (6) any other ongoing activities by the People's Liberation 
     Army or any other security services of the Government of the 
     People's Republic of China in Cambodia.
       (b) Form of Report.--The report required by subsection (a) 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (c) Committees Specified.--The committees specified in this 
     subsection are--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Select Committee on Intelligence of 
     the Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.

     SEC. 1286. RULE OF CONSTRUCTION.

       Nothing in this subtitle may be construed to limit the 
     authority of the President to designate persons for the 
     imposition of sanctions pursuant to an Executive order issued 
     under the International Emergency Economic Powers Act (50 
     U.S.C. 1701 et seq.) or otherwise pursuant to that Act.

     SEC. 1287. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Financial Services of the House of Representatives.
       (2) Foreign person.--The term ``foreign person'' means a 
     person that is not a United States person.
       (3) Knowingly.--The term ``knowingly'', with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       (4) People's liberation army.--The term ``People's 
     Liberation Army'' means the armed forces of the People's 
     Republic of China.
       (5) Person.--The term ``person'' means an individual or 
     entity.
       (6) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States;
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction of the United States, including a 
     foreign branch of such an entity; or
       (C) any person in the United States.
                                 ______
                                 
  SA 5873. Mr. MARKEY (for himself and Mr. Young) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1254. COOPERATION WITH THE QUAD.

       (a) Sense of Congress on Cooperation With the Quad.--It is 
     the sense of Congress that--
       (1) the United States should reaffirm our commitment to 
     quadrilateral cooperation among Australia, India, Japan, and 
     the United States (the ``Quad'') to enhance and implement a 
     shared vision to meet shared regional challenges and to 
     promote a free, open, inclusive, resilient, and healthy Indo-
     Pacific that is characterized by democracy, rule of law, and 
     market-driven economic growth, and is free from undue 
     influence and coercion;
       (2) the United States should seek to expand sustained 
     dialogue and cooperation through the Quad with a range of 
     partners to support the rule of law, freedom of navigation 
     and overflight, peaceful resolution of disputes, democratic 
     values, and territorial integrity, and to uphold peace and 
     prosperity and strengthen democratic resilience;
       (3) the United States should seek to expand avenues of 
     cooperation with the Quad, including more regular military-
     to-military dialogues, joint exercises, and coordinated 
     policies related to shared interests such as protecting 
     cyberspace and advancing maritime security;
       (4) the pledge from the first-ever Quad leaders meeting on 
     March 12, 2021, to respond to the economic and health impacts 
     of COVID-19, including expanding safe, affordable, and 
     effective vaccine production and equitable access, and to 
     address shared challenges, including in cyberspace, critical 
     technologies, counterterrorism, quality infrastructure 
     investment, and humanitarian assistance and disaster relief, 
     as well as maritime domains, further advances the important 
     cooperation among Quad nations that is so critical to the 
     Indo-Pacific region;
       (5) building upon their partnership to help finance 
     1,000,000,000 or more COVID-19 vaccines by the end of 2022 
     for use in the Indo-Pacific region, the United States 
     International Development Finance Corporation, the Japan 
     International Cooperation Agency, and the Japan Bank for 
     International Cooperation, including through partnerships 
     with other multilateral development banks, should also 
     venture to finance development and infrastructure projects in 
     the Indo-Pacific region that are sustainable and offer a 
     viable alternative to the investments of the People's 
     Republic of China in that region under the Belt and Road 
     Initiative;
       (6) in consultation with other Quad countries, the 
     President should establish clear deliverables for the 3 new 
     Quad Working Groups established on March 12, 2021, which 
     are--
       (A) the Quad Vaccine Experts Working Group;
       (B) the Quad Climate Working Group; and
       (C) the Quad Critical and Emerging Technology Working 
     Group; and
       (7) the formation of a Quad Intra-Parliamentary Working 
     Group could--
       (A) sustain and deepen engagement between senior officials 
     of the Quad countries on a full spectrum of issues; and
       (B) be modeled on the successful and long-standing 
     bilateral intra-parliamentary groups between the United 
     States and Mexico, Canada, and the United Kingdom, as well as 
     other formal and informal parliamentary exchanges.
       (b) Establishment of Quad Intra-Parliamentary Working 
     Group.--
       (1) Establishment.--Not later than 30 days after the date 
     of the enactment of this Act, the Secretary of State shall 
     seek to enter into negotiations with the Governments of 
     Japan, Australia, and India (collectively, with the United 
     States, known as the ``Quad'') with the goal of reaching a 
     written agreement to establish a Quad Intra-Parliamentary 
     Working Group for the purpose of acting on the 
     recommendations of the Quad Working Groups described in 
     section subsection (a)(6) and to facilitate closer 
     cooperation on shared interests and values.
       (2) United states group.--
       (A) In general.--At such time as the governments of the 
     Quad countries enter into a written agreement described in 
     paragraph (1), there shall be established a United States 
     Group, which shall represent the United States at the Quad 
     Intra-Parliamentary Working Group.
       (B) Membership.--
       (i) In general.--The United States Group shall be comprised 
     of not more than 24 Members of Congress.
       (ii) Appointment.--Of the Members of Congress appointed to 
     the United States Group under clause (i)--

       (I) half shall be appointed by the President Pro Tempore of 
     the Senate, based on recommendations of the majority leader 
     and minority leader of the Senate, from among Members of the 
     Senate, not less than 4 of whom shall be members of the 
     Committee on Foreign Relations of the Senate (unless the 
     majority leader and minority leader determine otherwise); and
       (II) half shall be appointed by the Speaker of the House of 
     Representatives from among Members of the House of 
     Representatives, not less than 4 of whom shall be members of 
     the Committee on Foreign Affairs of the House of 
     Representatives.

       (C) Meetings.--
       (i) In general.--The United States Group shall seek to meet 
     not less frequently than annually with representatives and 
     appropriate staff of the legislatures of Japan, Australia, 
     and India, and any other country invited by mutual agreement 
     of the Quad countries.
       (ii) Limitation.--A meeting described in clause (i) may be 
     held--

       (I) in the United States;
       (II) in another Quad country during periods when Congress 
     is not in session; or
       (III) virtually.

       (D) Chairperson and vice chairperson.--
       (i) Senate delegation.--The President Pro Tempore of the 
     Senate shall designate the chairperson or vice chairperson of 
     the delegation of the United States Group from the Senate 
     from among members of the Committee on Foreign Relations of 
     the Senate.
       (ii) House delegation.--The Speaker of the House of 
     Representatives shall designate the chairperson or vice 
     chairperson of the delegation of the United States Group from 
     the House of Representatives from among members of the 
     Committee on Foreign Affairs of the House of Representatives.
       (E) Authorization of appropriations.--

[[Page S5341]]

       (i) In general.--There is authorized to be appropriated 
     $1,000,000 for each of the fiscal years 2023 through 2026 for 
     the United States Group.
       (ii) Distribution of appropriations.--

       (I) In general.--For each fiscal year for which an 
     appropriation is made for the United States Group, half of 
     the amount appropriated shall be available to the delegation 
     from the Senate and half of the amount shall be available to 
     the delegation from the House of Representatives.
       (II) Method of distribution.--The amounts available to the 
     delegations of the Senate and the House of Representatives 
     under subclause (I) shall be disbursed on vouchers to be 
     approved by the chairperson of the delegation from the Senate 
     and the chairperson of the delegation from the House of 
     Representatives, respectively.

       (F) Private sources.--The United States Group may accept 
     gifts or donations of services or property, subject to the 
     review and approval, as appropriate, of the Committee on 
     Ethics of the Senate and the Committee on Ethics of the House 
     of Representatives.
       (G) Certification of expenditures.--The certificate of the 
     chairperson of the delegation from the Senate or the 
     chairperson of the delegation from the House of 
     Representatives of the United States Group shall be final and 
     conclusive upon the accounting officers in the auditing of 
     the accounts of the United States Group.
       (H) Annual report.--The United States Group shall submit to 
     the Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     a report for each fiscal year for which an appropriation is 
     made for the United States Group, which shall include a 
     description of its expenditures under such appropriation.
                                 ______
                                 
  SA 5874. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1064. REPORT ON DANGERS POSED BY NUCLEAR REACTORS IN 
                   AREAS THAT MIGHT EXPERIENCE ARMED CONFLICT.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) since the earliest days of its illegal invasion of 
     Ukraine, the Russian Federation has cavalierly endangered the 
     safety of nuclear power plants, including the Zaporizhzhia 
     Nuclear Power Plant and the Southern Ukraine Nuclear Power 
     Plant; and
       (2) that recklessness demonstrates the danger posed by 
     nuclear reactors and power plants in places that may 
     experience armed conflict during the life span of those 
     nuclear reactors and plants.
       (b) Report Required.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the appropriate committees of Congress a report 
     assessing--
       (A) the dangers posed to the national security of the 
     United States, to the interests of allies and partners of the 
     United States, and to the safety and security of civilian 
     populations by existing or new nuclear reactors or power 
     plants located in areas that--
       (i) have experienced armed conflict in the 25 years 
     preceding the date of the enactment of this Act; or
       (ii) are contested or likely to experience armed conflict 
     during the life span of those reactors and plants; and
       (B) steps the United States or allies and partners of the 
     United States can take to mitigate the risks to the national 
     security of the United States, to the interests of allies and 
     partners of the United States, and to the safety and security 
     of civilian populations posed by nuclear reactors and power 
     plants in places that may experience armed conflict.
       (2) Form of report.--The report required by paragraph (1) 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (3) Appropriate committees of congress defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
                                 ______
                                 
  SA 5875. Mr. MARKEY (for himself and Mr. Merkley) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        On page 683, line 9, strike ``75'' and insert ``10''.
                                 ______
                                 
  SA 5876. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1531. REDUCTION OF THREATS POSED BY NUCLEAR WEAPONS TO 
                   THE UNITED STATES.

       (a) Findings.--Congress makes the following findings:
       (1) The use of nuclear weapons poses an existential threat 
     to humanity, a fact that led President Ronald Reagan and 
     Soviet Premier Mikhail Gorbachev to declare in a joint 
     statement in 1987 that a ``nuclear war cannot be won and must 
     never be fought''. The leaders of the 5 nuclear weapons 
     states (the People's Republic of China, the French Republic, 
     the Russian Federation, the United Kingdom of Great Britain 
     and Northern Ireland, and the United States of America) 
     reaffirmed that statement in January 2022.
       (2) On June 12, 1982, an estimated 1,000,000 people 
     attended the largest peace rally in United States history, in 
     support of a movement to freeze and reverse the nuclear arms 
     race, a movement that helped to create the political will 
     necessary for the negotiation of several bilateral arms 
     control treaties between the United States and former Soviet 
     Union, and then the Russian Federation. Those treaties 
     contributed to strategic stability through mutual and 
     verifiable reciprocal nuclear weapons reductions.
       (3) Since the advent of nuclear weapons in 1945, millions 
     of people around the world have stood up to demand 
     meaningful, immediate international action to halt, reduce, 
     and eliminate the threats posed by nuclear weapons, nuclear 
     weapons testing, and nuclear war, to humankind and the 
     planet.
       (4) In 1970, the Treaty on the Non-Proliferation of Nuclear 
     Weapons done at Washington, London, and Moscow July 1, 1968 
     (21 UST 483) (commonly referred to as the ``Nuclear Non-
     Proliferation Treaty'' or the ``NPT'') entered into force, 
     which includes a binding obligation on the 5 nuclear-weapon 
     states (commonly referred to as the ``P5''), among other 
     things, ``to pursue negotiations in good faith on effective 
     measures relating to the cessation of the nuclear arms race . 
     . . and to nuclear disarmament''.
       (5) Bipartisan United States global leadership has curbed 
     the growth in the number of countries possessing nuclear 
     weapons and has slowed overall vertical proliferation among 
     countries already possessing nuclear weapons, as is 
     highlighted by a more than 85-percent reduction in the United 
     States nuclear weapons stockpile from its Cold War height of 
     31,255 in 1967.
       (6) The United States testing of nuclear weapons is no 
     longer necessary as a result of the following major technical 
     developments since the Senate's consideration of the 
     Comprehensive Nuclear-Test-Ban Treaty (commonly referred to 
     as the ``CTBT'') in 1999:
       (A) The verification architecture of the Comprehensive 
     Nuclear Test-Ban-Treaty Organization (commonly referred to as 
     the ``CTBTO'')--
       (i) has made significant advancements, as seen through its 
     network of 300 International Monitoring Stations and its 
     International Data Centre, which together provide for the 
     near instantaneous detection of nuclear explosives tests, 
     including all 6 such tests conducted by North Korea between 
     2006 and 2017; and
       (ii) is operational 24 hours a day, 7 days a week.
       (B) Since the United States signed the CTBT, confidence has 
     grown in the science-based Stockpile Stewardship and 
     Management Plan of the Department of Energy, which forms the 
     basis of annual certifications to the President regarding the 
     continual safety, security, and effectiveness of the United 
     States nuclear deterrent in the absence of nuclear testing, 
     leading former Secretary of Energy Ernest Moniz to remark in 
     2015 that ``lab directors today now state that they certainly 
     understand much more about how nuclear weapons work than 
     during the period of nuclear testing''.
       (7) Despite the progress made to reduce the number and role 
     of, and risks posed by, nuclear weapons, and to halt the Cold 
     War-era nuclear arms race, tensions between countries that 
     possess nuclear weapons are on the rise, key nuclear risk 
     reduction treaties are under threat, significant stockpiles 
     of weapons-usable fissile material remain, and a qualitative 
     global nuclear arms race is now underway with each of the 
     countries that possess nuclear weapons spending tens of 
     billions of dollars each year to maintain and improve their 
     arsenals.
       (8) The Russian Federation is pursuing the development of 
     destabilizing types of nuclear weapons that are not presently 
     covered

[[Page S5342]]

     under any existing arms control treaty or agreement and the 
     People's Republic of China, India, Pakistan, and North Korea 
     have each taken concerning steps to diversify their more 
     modest sized, but nonetheless very deadly, nuclear arsenals.
       (9) Former President Donald J. Trump's 2018 Nuclear Posture 
     Review called for the development two new nuclear weapons 
     capabilities, which have the effect of lowering the threshold 
     for nuclear weapons use:
       (A) A low-yield warhead on a submarine-launched ballistic 
     missile, which was deployed before the date of the enactment 
     of this Act.
       (B) A sea-launched cruise missile, still under development 
     on the date of the enactment of this Act.
       (10) On February 3, 2021, President Joseph R. Biden 
     preserved binding and verifiable limits on the deployed and 
     non-deployed strategic forces of the largest two nuclear 
     weapons powers through the five-year extension of the Treaty 
     between the United States of America and the Russian 
     Federation on Measures for the Further Reduction and 
     Limitation of Strategic Offensive Arms, signed April 8, 2010, 
     and entered into force February 5, 2011 (commonly referred to 
     as the ``New START Treaty'').
       (11) In 2013, the report on a nuclear weapons employment 
     strategy of the United States submitted under section 492 of 
     title 10, United States Code, determined that it is possible 
     to ensure the security of the United States and allies and 
     partners of the United States and maintain a strong and 
     credible strategic deterrent while safely pursuing up to a 
     \1/3\ reduction in deployed nuclear weapons from the level 
     established in the New START Treaty.
       (12) On January 12, 2017, then-Vice President Biden stated, 
     ``[G]iven our non-nuclear capabilities and the nature of 
     today's threats--it's hard to envision a plausible scenario 
     in which the first use of nuclear weapons by the United 
     States would be necessary. Or make sense.''.
       (13) In light of moves by the United States and other 
     countries to increase their reliance on nuclear weapons, a 
     global nuclear freeze would seek to halt the new nuclear arms 
     race by seeking conclusion of a comprehensive and verifiable 
     freeze on the testing, deployment, and production of nuclear 
     weapons and delivery vehicles for such weapons.
       (b) Statement of Policy.--The following is the policy of 
     the United States:
       (1) The United States should build upon its decades long, 
     bipartisan efforts to reduce the number and salience of 
     nuclear weapons by leading international negotiations on 
     specific arms-reduction measures as part of a 21st century 
     global nuclear freeze movement.
       (2) Building on the successful extension of the New START 
     Treaty, the United States should engage with all other 
     countries that possess nuclear weapons to seek to negotiate 
     and conclude future multilateral arms control, disarmament, 
     and risk reduction agreements, which should contain some or 
     all of the following provisions:
       (A) An agreement by the United States and the Russian 
     Federation on a follow-on treaty or agreement to the New 
     START Treaty that may lower the central limits of the Treaty 
     and cover new kinds of strategic delivery vehicles or non-
     strategic nuclear weapons.
       (B) An agreement on a verifiable freeze on the testing, 
     production, and further deployment of all nuclear weapons and 
     delivery vehicles for such weapons.
       (C) An agreement that establishes a verifiable numerical 
     ceiling on the deployed shorter-range and intermediate-range 
     and strategic delivery systems (as defined by the INF Treaty 
     and the New START Treaty, respectively) and the nuclear 
     warheads associated with such systems belonging to the P5, 
     and to the extent possible, all countries that possess 
     nuclear weapons, at August 2, 2019, levels.
       (D) An agreement by each country to adopt a policy of no 
     first use of nuclear weapons or provide transparency into its 
     nuclear declaratory policy.
       (E) An agreement on a proactive United Nations Security 
     Council resolution that expands access by the International 
     Atomic Energy Agency to any country found by the Board of 
     Governors of that Agency to be noncompliant with its 
     obligations under the NPT.
       (F) An agreement to refrain from configuring nuclear forces 
     in a ``launch on warning'' or ``launch under warning'' 
     nuclear posture, which may prompt a nuclear armed country to 
     launch a ballistic missile attack in response to detection by 
     an early-warning satellite or sensor of a suspected incoming 
     ballistic missile.
       (G) An agreement not to target or interfere in the nuclear 
     command, control, and communications (commonly referred to as 
     ``NC3'') infrastructure of another country through a kinetic 
     attack or a cyberattack.
       (H) An agreement on transparency measures or verifiable 
     limits, or both, on hypersonic cruise missiles and glide 
     vehicles that are fired from sea-based, ground, and air 
     platforms.
       (I) An agreement to provide a baseline and continuous 
     exchanges detailing the aggregate number of active nuclear 
     weapons and associated systems possessed by each country.
       (3) The United States should rejuvenate efforts in the 
     United Nations Conference on Disarmament toward the 
     negotiation of a verifiable Fissile Material Treaty or 
     Fissile Material Cutoff Treaty, or move negotiations to 
     another international body or fora, such as a meeting of the 
     P5. Successful conclusion of such a treaty would verifiably 
     prevent any country's production of highly enriched uranium 
     and plutonium for use in nuclear weapons.
       (4) The United States should convene a series of head-of-
     state level summits on nuclear disarmament modeled on the 
     Nuclear Security Summits process, which saw the elimination 
     of the equivalent of 3,000 nuclear weapons.
       (5) The President should seek ratification by the Senate of 
     the CTBT and mobilize all countries covered by Annex 2 of the 
     CTBT to pursue similar action to hasten entry into force of 
     the CTBT. The entry into force of the CTBT, for which 
     ratification by the United States will provide critical 
     momentum, will activate the CTBT's onsite inspection 
     provision to investigate allegations that any country that is 
     a party to the CTBT has conducted a nuclear test of any 
     yield.
       (6) The President should make the accession of North Korea 
     to the CTBT a component of any final agreement in fulfilling 
     the pledges the Government of North Korea made in Singapore, 
     as North Korea is reportedly the only country to have 
     conducted a nuclear explosive test since 1998.
       (7) The United States should--
       (A) refrain from developing any new designs for nuclear 
     warheads or bombs, but especially designs that could add a 
     level of technical uncertainty into the United States 
     stockpile and thus renew calls to resume nuclear explosive 
     testing in order to test that new design; and
       (B) seek reciprocal commitments from other countries that 
     possess nuclear weapons.
       (c) Prohibition on Use of Funds for Nuclear Test 
     Explosions.--
       (1) In general.--None of the funds authorized to be 
     appropriated or otherwise made available for fiscal year 2023 
     or any fiscal year thereafter, or authorized to be 
     appropriated or otherwise made available for any fiscal year 
     before fiscal year 2023 and available for obligation as of 
     the date of the enactment of this Act, may be obligated or 
     expended to conduct or make preparations for any explosive 
     nuclear weapons test that produces any yield until such time 
     as--
       (A) the President submits to Congress an addendum to the 
     report required by section 4205 of the Atomic Energy Defense 
     Act (50 U.S.C. 2525) that details any change to the condition 
     of the United States nuclear weapons stockpile from the 
     report submitted under that section in the preceding year; 
     and
       (B) there is enacted into law a joint resolution of 
     Congress that approves the test.
       (2) Rule of construction.--Paragraph (1) does not limit 
     nuclear stockpile stewardship activities that are consistent 
     with the zero-yield standard and other requirements under 
     law.

                                 ______
                                 
  SA 5877. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1531. REDUCTIONS IN SPENDING ON NUCLEAR WEAPONS; 
                   PROHIBITION ON PROCUREMENT AND DEPLOYMENT OF 
                   LOW-YIELD NUCLEAR WARHEADS.

       (a) Findings.--Congress makes the following findings:
       (1) The United States continues to maintain an excessively 
     large and costly arsenal of nuclear delivery systems and 
     warheads that are a holdover from the Cold War.
       (2) The current nuclear arsenal of the United States 
     includes approximately 3,800 total nuclear warheads in its 
     military stockpile, of which approximately 1,750 are deployed 
     with five delivery components: land-based intercontinental 
     ballistic missiles, submarine-launched ballistic missiles, 
     long-range strategic bomber aircraft armed with nuclear 
     gravity bombs, long-range strategic bomber aircraft armed 
     with nuclear-armed air-launched cruise missiles, and short-
     range fighter aircraft that can deliver nuclear gravity 
     bombs. The strategic bomber fleet of the United States 
     comprises 87 B-52 and 20 B-2 aircraft, over 60 of which 
     contribute to the nuclear mission. The United States also 
     maintains 400 intercontinental ballistic missiles and 14 
     Ohio-class submarines, up to 12 of which are deployed. Each 
     of those submarines is armed with approximately 90 nuclear 
     warheads.
       (3) Between fiscal years 2021 and 2030, the United States 
     will spend an estimated $634,000,000,000 to maintain and 
     recapitalize its nuclear force, according to a January 2019 
     estimate from the Congressional Budget Office, an increase of 
     $140,000,000,000 from the Congressional Budget Office's 2019 
     estimate, with 36 percent of that additional cost stemming 
     ``mainly from new plans for modernizing [the Department of 
     Energy's] production facilities and from [the Department of 
     Defense's] modernization programs moving more fully into 
     production''.

[[Page S5343]]

       (4) Adjusted for inflation, the Congressional Budget Office 
     estimates that the United States will spend 
     $1,700,000,000,000 through fiscal year 2046 on new nuclear 
     weapons and modernization and infrastructure programs.
       (5) Inaccurate budget forecasting is likely to continue to 
     plague the Department of Defense and the Department of 
     Energy, as evidenced by the fiscal year 2021 budget request 
     of the President for the National Nuclear Security 
     Administration ``Weapon Activities'' account, which far 
     exceeded what the National Nuclear Security Administration 
     had projected in its fiscal year 2020 request and what it had 
     projected in previous years.
       (6) The projected growth in nuclear weapons spending is 
     coming due as the Department of Defense is seeking to replace 
     large portions of its conventional forces to better compete 
     with the Russian Federation and the People's Republic of 
     China and as internal and external fiscal pressures are 
     likely to limit the growth of, and perhaps reduce, military 
     spending. As then-Air Force Chief of Staff General Dave 
     Goldfein said in 2020, ``I think a debate is that this will 
     be the first time that the nation has tried to simultaneously 
     modernize the nuclear enterprise while it's trying to 
     modernize an aging conventional enterprise. The current 
     budget does not allow you to do both.''.
       (7) In 2017, the Government Accountability Office concluded 
     that National Nuclear Security Administration's budget 
     forecasts for out-year spending downplayed the fact that the 
     agency lacked the resources to complete multiple, 
     simultaneous billion dollar modernization projects and 
     recommended that the National Nuclear Security Administration 
     consider ``deferring the start of or cancelling specific 
     modernization programs''.
       (8) According to the Government Accountability Office, the 
     National Nuclear Security Administration has still not 
     factored affordability concerns into its planning as was 
     recommended by the Government Accountability Office in 2017, 
     with the warning that ``it is essential for NNSA to present 
     information to Congress and other key decision maker 
     indicating whether the agency has prioritized certain 
     modernization programs or considered trade-offs (such as 
     deferring or cancelling specific modernization programs)''.
       (9) A December 2020 Congressional Budget Office analysis 
     showed that the projected costs of nuclear forces over the 
     next decade can be reduced by $12,400,000,000 to 
     $13,600,000,000 by trimming back current plans, while still 
     maintaining a triad of delivery systems. Even larger savings 
     would accrue over the subsequent decade.
       (10) The Department of Defense's June 2013 nuclear policy 
     guidance entitled ``Report on Nuclear Employment Strategy of 
     the United States'' found that force levels under the April 
     2010 Treaty on Measures for the Further Reduction and 
     Limitation of Strategic Offensive Arms between the United 
     States and the Russian Federation (commonly known as the 
     ``New START Treaty'') ``are more than adequate for what the 
     United States needs to fulfill its national security 
     objectives'' and can be reduced by up to \1/3\ below levels 
     under the New START Treaty to 1,000 to 1,100 warheads.
       (11) Former President Trump expanded the role of, and 
     spending on, nuclear weapons in United States policy at the 
     same time that he withdrew from, unsigned, or otherwise 
     terminated a series of important arms control and 
     nonproliferation agreements.
       (b) Reductions in Nuclear Forces.--
       (1) Reduction of nuclear-armed submarines.--Notwithstanding 
     any other provision of law, none of the funds authorized to 
     be appropriated or otherwise made available for fiscal year 
     2023 or any fiscal year thereafter for the Department of 
     Defense may be obligated or expended for purchasing more than 
     eight Columbia-class submarines.
       (2) Reduction of ground-based missiles.--Notwithstanding 
     any other provision of law, beginning in fiscal year 2023, 
     the forces of the Air Force shall include not more than 150 
     intercontinental ballistic missiles.
       (3) Reduction of deployed strategic warheads.--
     Notwithstanding any other provision of law, beginning in 
     fiscal year 2023, the forces of the United States Military 
     shall include not more than 1,000 deployed strategic 
     warheads, as that term is defined in the New START Treaty.
       (4) Limitation on new long-range penetrating bomber 
     aircraft.--Notwithstanding any other provision of law, none 
     of the funds authorized to be appropriated or otherwise made 
     available for any of fiscal years 2023 through 2028 for the 
     Department of Defense may be obligated or expended for 
     purchasing more than 80 B-21 long-range penetrating bomber 
     aircraft.
       (5) Prohibition on f-35 nuclear mission.--Notwithstanding 
     any other provision of law, none of the funds authorized to 
     be appropriated or otherwise made available for fiscal year 
     2023 or any fiscal year thereafter for the Department of 
     Defense or the Department of Energy may be used to make the 
     F-35 Joint Strike Fighter aircraft capable of carrying 
     nuclear weapons.
       (6) Prohibition on new air-launched cruise missile.--
     Notwithstanding any other provision of law, none of the funds 
     authorized to be appropriated or otherwise made available for 
     fiscal year 2023 or any fiscal year thereafter for the 
     Department of Defense or the Department of Energy may be 
     obligated or expended for the research, development, test, 
     and evaluation or procurement of the long-range stand-off 
     weapon or any other new air-launched cruise missile or for 
     the W80 warhead life extension program.
       (7) Prohibition on new intercontinental ballistic 
     missile.--Notwithstanding any other provision of law, none of 
     the funds authorized to be appropriated or otherwise made 
     available for fiscal year 2023 or any fiscal year thereafter 
     for the Department of Defense may be obligated or expended 
     for the research, development, test, and evaluation or 
     procurement of the LGM-35A Sentinel weapon system, previously 
     known as the ground-based strategic deterrent, or any new 
     intercontinental ballistic missile.
       (8) Termination of uranium processing facility.--
     Notwithstanding any other provision of law, none of the funds 
     authorized to be appropriated or otherwise made available for 
     fiscal year 2023 or any fiscal year thereafter for the 
     Department of Defense or the Department of Energy may be 
     obligated or expended for the Uranium Processing Facility 
     located at the Y-12 National Security Complex, Oak Ridge, 
     Tennessee.
       (9) Prohibition on procurement and deployment of new low-
     yield warhead.--Notwithstanding any other provision of law, 
     none of the funds authorized to be appropriated or otherwise 
     made available for fiscal year 2023 or any fiscal year 
     thereafter for the Department of Defense or the Department of 
     Energy may be obligated or expended to deploy the W76-2 low-
     yield nuclear warhead or any other low-yield or nonstrategic 
     nuclear warhead.
       (10) Prohibition on new submarine-launched cruise 
     missile.--Notwithstanding any other provision of law, none of 
     the funds authorized to be appropriated or otherwise made 
     available for fiscal year 2023 or any fiscal year thereafter 
     for the Department of Defense or the Department of Energy may 
     be obligated or expended for the research, development, test, 
     and evaluation or procurement of a new submarine-launched 
     cruise missile capable of carrying a low-yield or 
     nonstrategic nuclear warhead.
       (11) Limitation on plutonium pit production.--
     Notwithstanding any other provision of law, none of the funds 
     authorized to be appropriated or otherwise made available for 
     fiscal year 2023 or any fiscal year thereafter for the 
     Department of Defense or the Department of Energy may be 
     obligated or expended for achieving production of more than 
     30 plutonium pits per year at Los Alamos National Laboratory, 
     Los Alamos, New Mexico.
       (12) Limitation on w87-1 warhead procurement and 
     deployment.--Notwithstanding any other provision of law, none 
     of the funds authorized to be appropriated or otherwise made 
     available for fiscal year 2023 or any fiscal year thereafter 
     for the Department of Defense or the Department of Energy may 
     be obligated or expended for the procurement or deployment of 
     the W87-1 warhead for use on any missile that can feasibly 
     employ a W87 warhead.
       (13) Limitation on sustainment of b83-1 bomb.--
     Notwithstanding other provision of law, none of the funds 
     authorized to be appropriated or otherwise made available for 
     fiscal year 2023 or any fiscal year thereafter for the 
     Department of Defense or the Department of Energy may be 
     obligated or expended for the sustainment of the B83-1 bomb 
     beyond the time at which confidence in the B61-12 stockpile 
     is gained.
       (14) Prohibition on space-based missile defense.--
     Notwithstanding other provision of law, none of the funds 
     authorized to be appropriated or otherwise made available for 
     fiscal year 2023 or any fiscal year thereafter for the 
     Department of Defense or the Department of Energy may be 
     obligated or expended for the research, development, test, 
     and evaluation or procurement of a space-based missile 
     defense system.
       (15) Prohibition on the w-93 warhead.--Notwithstanding any 
     other provision of law, none of the funds authorized to be 
     appropriated or otherwise made available for fiscal year 2023 
     or any fiscal year thereafter for the Department of Defense 
     or the Department of Energy may be obligated or expended for 
     the procurement and deployment of a W-93 warhead on a 
     submarine launched ballistic missile.
       (c) Reports Required.--
       (1) Initial report.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of Defense and 
     the Secretary of Energy shall jointly submit to the 
     appropriate committees of Congress a report outlining the 
     plan of each Secretary to carry out subsection (b).
       (2) Annual report.--Not later than March 1, 2023, and 
     annually thereafter, the Secretary of Defense and the 
     Secretary of Energy shall jointly submit to the appropriate 
     committees of Congress a report outlining the plan of each 
     Secretary to carry out subsection (b), including any updates 
     to previously submitted reports.
       (3) Annual nuclear weapons accounting.--Not later than 
     September 30, 2023, and annually thereafter, the President 
     shall transmit to the appropriate committees of Congress a 
     report containing a comprehensive accounting by the Director 
     of the Office of Management and Budget of the amounts 
     obligated and expended by the Federal Government for each 
     nuclear weapon and related nuclear program during--
       (A) the fiscal year covered by the report; and
       (B) the life cycle of such weapon or program.
       (4) Cost estimate report.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense and the

[[Page S5344]]

     Secretary of Energy shall jointly submit to the appropriate 
     committees of Congress a report outlining the estimated cost 
     savings that result from carrying out subsection (b).
       (5) Report on funding national defense strategy.--Not later 
     than 180 days after the publication of the unclassified 
     National Defense Strategy under section 113(g) of title 10, 
     United States Code, the Secretary of Defense shall submit to 
     the appropriate committees of Congress a report explaining 
     how the Secretary proposes to fund the National Defense 
     Strategy under different levels of projected defense 
     spending, including scenarios in which--
       (A) anticipated cost savings from reform do not 
     materialize; or
       (B) defense spending decreases to the levels specified by 
     the Budget Control Act of 2011 (Public Law 112-25; 125 Stat. 
     240).
       (6) Modification of period to be covered by estimates of 
     costs relating to nuclear weapons.--Section 492a of title 10, 
     United States Code, is amended in subsections (a)(2)(F) and 
     (b)(1)(A) by striking ``10-year period'' each place it 
     appears and inserting ``25-year period''.
       (7) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on Appropriations, and the 
     Committee on Energy and Natural Resources of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on Appropriations, the 
     Committee on Energy and Commerce, and the Committee on 
     Natural Resources of the House of Representatives.
                                 ______
                                 
  SA 5878. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1531. RESTRICTION ON FIRST-USE STRIKE OF NUCLEAR 
                   WEAPONS.

       (a) Findings and Declaration of Policy.--
       (1) Findings.--Congress finds the following:
       (A) The Constitution gives Congress the sole power to 
     declare war.
       (B) The framers of the Constitution understood that the 
     monumental decision to go to war, which can result in massive 
     death and the destruction of civilized society, must be made 
     by the congressional representatives of the people and not by 
     a single person.
       (C) As stated by section 2(c) of the War Powers Resolution 
     (Public Law 93-148; 50 U.S.C. 1541), ``the constitutional 
     powers of the President as Commander-in-Chief to introduce 
     United States Armed Forces into hostilities, or into 
     situations where imminent involvement in hostilities is 
     clearly indicated by the circumstances, are exercised only 
     pursuant to (1) a declaration of war, (2) specific statutory 
     authorization, or (3) a national emergency created by attack 
     upon the United States, its territories or possessions, or 
     its armed forces''.
       (D) Nuclear weapons are uniquely powerful weapons that have 
     the capability to instantly kill millions of people, create 
     long-term health and environmental consequences throughout 
     the world, directly undermine global peace, and put the 
     United States at existential risk from retaliatory nuclear 
     strikes.
       (E) A first-use nuclear strike carried out by the United 
     States would constitute a major act of war.
       (F) A first-use nuclear strike conducted absent a 
     declaration of war by Congress would violate the 
     Constitution.
       (G) The President has the sole authority to authorize the 
     use of nuclear weapons, an order which military officers of 
     the United States must carry out in accordance with their 
     obligations under the Uniform Code of Military Justice.
       (H) Given its exclusive power under the Constitution to 
     declare war, Congress must provide meaningful checks and 
     balances to the President's sole authority to authorize the 
     use of a nuclear weapon.
       (2) Declaration of policy.--It is the policy of the United 
     States that no first-use nuclear strike should be conducted 
     absent a declaration of war by Congress.
       (b) Prohibition on Conduct of First-use Nuclear Strikes.--
       (1) Prohibition.--No Federal funds may be obligated or 
     expended to conduct a first-use nuclear strike unless such 
     strike is conducted pursuant to a war declared by Congress 
     that expressly authorizes such strike.
       (2) First-use nuclear strike defined.--In this subsection, 
     the term ``first-use nuclear strike'' means an attack using 
     nuclear weapons against an enemy that is conducted without 
     the Secretary of Defense and the Chairman of the Joint Chiefs 
     of Staff first confirming to the President that there has 
     been a nuclear strike against the United States, its 
     territories, or its allies (as specified in section 3(b)(2) 
     of the Arms Export Control Act (22 U.S.C. 2753(b)(2))).
                                 ______
                                 
  SA 5879. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1531. LIMITATION ON USE OF FUNDS FOR NEW SENTINEL 
                   INTERCONTINENTAL BALLISTIC MISSILE AND W87-1 
                   WARHEAD MODIFICATION PROGRAM.

       (a) Findings.--Congress finds the following:
       (1) According to the Congressional Budget Office, the 
     projected cost to sustain and modernize the United States 
     nuclear arsenal, as of 2017, ``is $1.2 trillion in 2017 
     dollars over the 2017-2046 period: more than $800 billion to 
     operate and sustain (that is, incrementally upgrade) nuclear 
     forces and about $400 billion to modernize them''. With 
     inflation, the cost rises to $1,700,000,000,000 and does not 
     include the cost of the additional nuclear capabilities 
     proposed in the 2018 Nuclear Posture Review.
       (2) Maintaining and updating the current Minuteman III 
     intercontinental ballistic missiles is possible for multiple 
     decades and, according to the Congressional Budget Office, 
     through 2036, this would cost $37,000,000,000 less in 2017 
     dollars than developing and deploying the Sentinel 
     intercontinental ballistic missile program (previously known 
     as the ground-based strategic deterrent program).
       (3) A public opinion poll conducted from October 12 to 28, 
     2020, by ReThink Media and the Federation of American 
     Scientists found that only 26 percent of registered voters in 
     the United States preferred replacing the Minuteman III 
     intercontinental ballistic missile with the Sentinel 
     intercontinental ballistic missile, as compared to 60 percent 
     of registered voters who opposed replacing the Minuteman III 
     missile.
       (b) Limitation on Use of Funds.--None of the funds 
     authorized to be appropriated or otherwise made available for 
     fiscal year 2023 may be obligated or expended for the 
     Sentinel intercontinental ballistic missile program) or the 
     W87-1 warhead modification program until the later of--
       (1) the date on which the Secretary of Defense submits to 
     the appropriate congressional committees a certification that 
     the operational life of Minuteman III intercontinental 
     ballistic missiles cannot be safely extended through at least 
     2050; and
       (2) the date on which the Secretary transmits to the 
     appropriate congressional committees the report required by 
     paragraph (3) of subsection (c), as required by paragraph (4) 
     of that subsection.
       (c) Independent Study on Extension of Minuteman III 
     Intercontinental Ballistic Missiles.--
       (1) Independent study.--Not later than 30 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall seek to enter into a contract with the National Academy 
     of Sciences to conduct a study on extending the life of 
     Minuteman III intercontinental ballistic missiles to 2050.
       (2) Matters included.--The study under paragraph (1) shall 
     include the following:
       (A) A comparison of the costs through 2050 of--
       (i) extending the life of Minuteman III intercontinental 
     ballistic missiles; and
       (ii) deploying the Sentinel intercontinental ballistic 
     missile.
       (B) An analysis of opportunities to incorporate 
     technologies into the Minuteman III intercontinental 
     ballistic missile program as part of a service life extension 
     program that could also be incorporated in the Sentinel 
     intercontinental ballistic missile program, including, at a 
     minimum, opportunities to increase the resilience against 
     adversary missile defenses.
       (C) An analysis of the benefits and risks of incorporating 
     sensors and nondestructive testing methods and technologies 
     to reduce destructive testing requirements and increase the 
     service life and number of Minuteman III missiles through 
     2050.
       (D) An analysis and validation of the methods used to 
     estimate the operational service life of Minuteman II and 
     Minuteman III motors, taking into account the test and launch 
     experience of motors retired after the operational service 
     life of such motors in the rocket systems launch program.
       (E) An analysis of the risks and benefits of alternative 
     methods of estimating the operational service life of 
     Minuteman III motors, such as those methods based on 
     fundamental physical and chemical processes and 
     nondestructive measurements of individual motor properties.
       (F) An analysis of risks, benefits, and costs of 
     configuring a Trident II D5 submarine launched ballistic 
     missile for deployment in a Minuteman III silo.
       (G) An analysis of the impacts of the estimated service 
     life of the Minuteman III force associated with decreasing 
     the deployed intercontinental ballistic missiles delivery 
     vehicle force from 400 to 300.

[[Page S5345]]

       (H) An assessment on the degree to which the Columbia class 
     ballistic missile submarines will possess features that will 
     enhance the current invulnerability of ballistic missile 
     submarines of the United States to future antisubmarine 
     warfare threats.
       (I) An analysis of the degree to which an extension of the 
     Minuteman III would impact the decision of Russian Federation 
     to target intercontinental ballistic missiles of the United 
     States in a crisis, as compared to proceeding with the 
     Sentinel intercontinental ballistic missile program .
       (J) A best case estimate of what percentage of the 
     strategic forces of the United States would survive a 
     counterforce strike from the Russian Federation, broken down 
     by intercontinental ballistic missiles, ballistic missile 
     submarines, and heavy bomber aircraft.
       (K) The benefits, risks, and costs of relying on the W-78 
     warhead for either the Minuteman III or the Sentinel 
     intercontinental ballistic missile as compared to proceeding 
     with the W-87 life extension.
       (L) The benefits, risks, and costs of adding additional 
     launchers or uploading submarine-launched ballistic missiles 
     with additional warheads to compensate for a reduced 
     deployment of intercontinental ballistic missiles of the 
     United States.
       (M) An analysis of whether designing and fielding a new 
     intercontinental ballistic missile through at least 2070 is 
     consistent with the obligation of the United States under 
     Article VI of the Treaty on the Non-Proliferation of Nuclear 
     Weapons done at Washington, London, and Moscow July 1, 1968 
     (21 UST 483) (commonly referred to as the ``Nuclear Non-
     Proliferation Treaty'') to ``pursue negotiations in good 
     faith on effective measures relating to cessation of the 
     nuclear arms race at an early date and to nuclear 
     disarmament''.
       (3) Submission to department of defense.--Not later than 
     180 days after the date of the enactment of this Act, the 
     National Academy of Sciences shall submit to the Secretary a 
     report containing the findings of the study conducted under 
     paragraph (1).
       (4) Submission to congress.--Not later than 210 days after 
     the date of the enactment of this Act, the Secretary shall 
     transmit to the appropriate congressional committees the 
     report required by paragraph (3), without change.
       (5) Form.--The report required by paragraph (3) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
                                 ______
                                 
  SA 5880. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1077. DISCLOSURE TO CONGRESS OF PRESIDENTIAL EMERGENCY 
                   ACTION DOCUMENTS.

       (a) In General.--Not later than 30 days after the 
     conclusion of the process for approval, adoption, or revision 
     of any presidential emergency action document, the President 
     shall submit that document to the appropriate congressional 
     committees.
       (b) Documents in Existence Before Date of Enactment.--Not 
     later than 15 days after the date of the enactment of this 
     Act, the President shall submit to the appropriate 
     congressional committees all presidential emergency action 
     documents in existence before such date of enactment.
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'', with respect to a 
     presidential emergency action document submitted under 
     subsection (a) or (b), means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs, the Committee on the Judiciary, and the Select 
     Committee on Intelligence of the Senate;
       (B) the Committee on Oversight and Reform, the Committee on 
     the Judiciary, and the Permanent Select Committee on 
     Intelligence of the House of Representatives; and
       (C) any other committee of the Senate or the House of 
     Representatives with jurisdiction over the subject matter 
     addressed in the presidential emergency action document.
       (2) Presidential emergency action document.--The term 
     ``presidential emergency action document'' refers to--
       (A) each of the approximately 56 documents described as 
     presidential emergency action documents in the budget 
     justification materials for the Office of Legal Counsel of 
     the Department of Justice submitted to Congress in support of 
     the budget of the President for fiscal year 2018; and
       (B) any other pre-coordinated legal document in existence 
     before, on, or after the date of the enactment of this Act, 
     that--
       (i) is designated as a presidential emergency action 
     document; or
       (ii) is designed to implement a presidential decision or 
     transmit a presidential request when an emergency disrupts 
     normal governmental or legislative processes.
                                 ______
                                 
  SA 5881. Mr. MARKEY (for himself and Mr. Merkley) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of title XII, add the following:

                  Subtitle G--Supporting SAUDI WMD Act

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Stopping Activities 
     Underpinning Development In Weapons of Mass Destruction Act'' 
     or the ``SAUDI WMD Act''.

     SEC. 1282. FINDINGS.

       Congress makes the following findings:
       (1) The People's Republic of China (in this subtitle 
     referred to as ``China''), became a full-participant of the 
     Nuclear Suppliers Group in 2004, committing it to apply a 
     strong presumption of denial in exporting nuclear-related 
     items that a foreign country could divert to a nuclear 
     weapons program.
       (2) China also committed to the United States, in November 
     2000, to abide by the foundational principles of the 1987 
     Missile Technology Control Regime (MTCR) to not ``assist, in 
     any way, any country in the development of ballistic missiles 
     that can be used to deliver nuclear weapons (i.e., missiles 
     capable of delivering a payload of at least 500 kilograms to 
     a distance of at least 300 kilometers)''.
       (3) In the 1980s, China secretly sold the Kingdom of Saudi 
     Arabia (in this subtitle referred to as ``Saudi Arabia'') 
     conventionally armed DF-3A ballistic missiles, and in 2007, 
     reportedly sold Saudi Arabia dual-use capable DF-21 medium-
     range ballistic missiles of a 300 kilometer, 500 kilogram 
     range and payload threshold which should have triggered a 
     denial of sale under the MTCR.
       (4) The 2020 Department of State Report on the Adherence to 
     and Compliance with Arms Control, Nonproliferation, and 
     Disarmament Agreements and Commitments found that China 
     ``continued to supply MTCR-controlled goods to missile 
     programs of proliferation concern in 2019'' and that the 
     United States imposed sanctions on nine Chinese entities for 
     covered missile transfers to Iran.
       (5) A June 5, 2019, press report indicated that China 
     allegedly provided assistance to Saudi Arabia in the 
     development of a ballistic missile facility, which if 
     confirmed, would violate the purpose of the MTCR and run 
     contrary to the longstanding United States policy priority to 
     prevent weapons of mass destruction proliferation in the 
     Middle East.
       (6) The Arms Export and Control Act of 1976 (Public Law 93-
     329) requires the President to sanction any foreign person or 
     government who knowingly ``exports, transfers, or otherwise 
     engages in the trade of any MTCR equipment or technology'' to 
     a country that does not adhere to the MTCR.
       (7) China concluded two nuclear cooperation agreements with 
     Saudi Arabia in 2012 and 2017, respectively, which may 
     facilitate China's bid to build two reactors in Saudi Arabia 
     to generate 2.9 Gigawatt-electric (GWe) of electricity.
       (8) On August 4, 2020, a press report revealed the alleged 
     existence of a previously undisclosed uranium yellowcake 
     extraction facility in Saudi Arabia allegedly constructed 
     with the assistance of China, which if confirmed, would 
     indicate significant progress by Saudi Arabia in developing 
     the early stages of the nuclear fuel cycle that precede 
     uranium enrichment.
       (9) Saudi Arabia's outdated Small Quantities Protocol and 
     its lack of an in force Additional Protocol to its 
     International Atomic Energy Agency (IAEA) Comprehensive 
     Safeguards Agreement severely curtails IAEA inspections, 
     which has led the Agency to call upon Saudi Arabia to either 
     rescind or update its Small Quantities Protocol.
       (10) On January 19, 2021, in response to a question about 
     Saudi Arabia's reported ballistic missile cooperation with 
     China, incoming Secretary of State Antony J. Blinken stated 
     that ``we want to make sure that to the best of our ability 
     all of our partners and allies are living up to their 
     obligations under various nonproliferation and arms control 
     agreements and, certainly, in the case of Saudi Arabia that 
     is something we will want to look at''.
       (11) On March 15, 2018, the Crown Prince of Saudi Arabia, 
     Mohammad bin-Salman, stated that ``if Iran developed a 
     nuclear bomb, we would follow suit as soon as possible,''

[[Page S5346]]

     raising questions about whether a Saudi Arabian nuclear 
     program would remain exclusively peaceful, particularly in 
     the absence of robust international IAEA safeguards.
       (12) An August 9, 2019, study by the United Nations High 
     Commissioner for Human Rights found that the Saudi Arabia-led 
     military coalition airstrikes in Yemen and its restrictions 
     on the flow of humanitarian assistance to the country, both 
     of which have disproportionately impacted civilians, may be 
     violations of international humanitarian law.

     SEC. 1283. DETERMINATION OF POSSIBLE MTCR TRANSFERS TO SAUDI 
                   ARABIA.

       (a) MTCR Transfers.--Not later than 30 days after the date 
     of the enactment of this Act, the President shall submit to 
     the appropriate committees of Congress a written 
     determination, and any documentation to support that 
     determination detailing--
       (1) whether any foreign person knowingly exported, 
     transferred, or engaged in trade of any item designated under 
     Category I of the MTCR Annex item with Saudi Arabia in the 
     previous three fiscal years; and
       (2) the sanctions the President has imposed or intends to 
     impose pursuant to section 11B(b) of the Export 
     Administration Act of 1979 (50 U.S.C. 4612(b)) against any 
     foreign person who knowingly engaged in the export, transfer, 
     or trade of that item or items.
       (b) Waiver.--Notwithstanding any provision of paragraphs 
     (3) through (7) of section 11(B)(b) of the Export 
     Administration Act of 1979 (50 U.S.C. 4612(b)), the President 
     may only waive the application of sanctions under such 
     section with respect to Saudi Arabia if that country is 
     verifiably determined to no longer possess an item designated 
     under Category I of the MTCR Annex received in the previous 
     three fiscal years.
       (c) Form of Report.--The determination required under 
     subsection (a) shall be unclassified with a classified annex.

     SEC. 1284. PROHIBITION ON UNITED STATES ARMS SALES TO SAUDI 
                   ARABIA IF IT IMPORTS NUCLEAR TECHNOLOGY WITHOUT 
                   SAFEGUARDS.

       (a) In General.--The United States shall not sell, 
     transfer, or authorize licenses for export of any item 
     designated under Category III, IV, VII, or VIII on the United 
     States Munitions List pursuant to section 38(a)(1) of the 
     Arms Export Control Act (22 U.S.C. 2778(a)(1)) to Saudi 
     Arabia, other than ground-based missile defense systems, if 
     Saudi Arabia has, in the previous 3 fiscal years--
       (1) knowingly imported any item classified as ``plants for 
     the separation of isotopes of uranium'' or ``plants for the 
     reprocessing of irradiated nuclear reactor fuel elements'' 
     under Part 110 of the Nuclear Regulatory Commission export 
     licensing authority; or
       (2) engaged in nuclear cooperation related to the 
     construction of any nuclear-related fuel cycle facility or 
     activity that has not been notified to the IAEA and would be 
     subject to complementary access if an Additional Protocol was 
     in force.
       (b) Waiver.--The Secretary of State may waive the 
     prohibition under subsection (a) with respect to a foreign 
     country if the Secretary submits to the appropriate 
     committees of Congress a written certification that contains 
     a determination, and any relevant documentation on which the 
     determination is based, that Saudi Arabia--
       (1) has brought into force an Additional Protocol to the 
     IAEA Comprehensive Safeguards Agreement based on the model 
     described in IAEA INFCIRC/540;
       (2) has concluded a civilian nuclear cooperation agreement 
     with the United States under section 123 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2153) or another supplier that 
     prohibits the enrichment of uranium or separation of 
     plutonium on its own territory; and
       (3) has rescinded its Small Quantities Protocol and is not 
     found by the IAEA Board of Governors to be in noncompliance 
     with its Comprehensive Safeguards Agreement.
       (c) Rule of Construction.--Nothing in this subtitle shall 
     be construed as superseding the obligation of the President 
     under section 502B(a)(2) or section 620I(a) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2304(a)(2), 22 U.S.C. 2378-
     1(a)), respectively, to not furnish security assistance to 
     Saudi Arabia or any country if it--
       (1) engages in a consistent pattern of gross violations of 
     internationally recognized human rights; or
       (2) prohibits or otherwise restricts, directly or 
     indirectly, the transport or delivery of United States 
     humanitarian assistance.

     SEC. 1285. MIDDLE EAST NONPROLIFERATION STRATEGY.

       (a) In General.--Starting with the first report after the 
     date of the enactment of this Act, the Secretary of State and 
     the Secretary of Energy, in consultation with the Director of 
     National Intelligence, shall provide the appropriate 
     committees of Congress, as an appendix to the Report on the 
     Adherence to and Compliance with Arms Control, 
     Nonproliferation, and Disarmament Agreements and Commitments, 
     a report on MTCR compliance and a United States strategy to 
     prevent the spread of nuclear weapons and missiles in the 
     Middle East.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) An assessment of China's compliance, in the previous 
     fiscal year, with its November 2000 commitment to abide by 
     the MTCR and United States diplomatic efforts to address non-
     compliance.
       (2) A description of every foreign person that, in the 
     previous fiscal year, engaged in the export, transfer, or 
     trade of MTCR items to a country that is a non-MTCR adherent, 
     and a description of the sanctions the President imposed 
     pursuant to section 11B(b) of the Export Administration Act 
     of 1979 (50 U.S.C. 4612(b)).
       (3) A detailed strategy to prevent the proliferation of 
     ballistic missile and sensitive nuclear technology in the 
     Middle East and North Africa from China and other foreign 
     countries, including the following elements:
       (A) An assessment of the proliferation risks associated 
     with concluding or renewing a civilian nuclear cooperation 
     ``123'' agreement with any country in the Middle-East and 
     North Africa and the risks of such if that same equipment and 
     technology is sourced from a foreign state.
       (B) An update on United States bilateral and multilateral 
     diplomatic actions to commence negotiations on a Weapons of 
     Mass Destruction Free Zone (WMDFZ) since the 2015 Nuclear 
     Nonproliferation Treaty Review Conference.
       (C) A description of United States Government efforts to 
     achieve global adherence and compliance with the Nuclear 
     Suppliers Group, MTCR, and the 2002 International Code of 
     Conduct against Ballistic Missile Proliferation guidelines.
       (4) An account of the briefings to the appropriate 
     committees of Congress in the reporting period detailing 
     negotiations on any new or renewed civilian nuclear 
     cooperation ``123'' agreement with any country consistent 
     with the intent of the Atomic Energy Act of 1954 (42 U.S.C. 
     2011 et seq.).
       (c) Form of Report.--The report required under subsection 
     (a) shall be unclassified with a classified annex.

     SEC. 1286. DEFINITIONS.

       In this subtitle:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Select Committee on Intelligence of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Select Committee on Intelligence of the House of 
     Representative; and
       (D) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) Foreign person; person.--The terms ``foreign person'' 
     and `` `person' '' mean--
       (A) a natural person that is an alien;
       (B) a corporation, business association, partnership, 
     society, trust, or any other nongovernmental entity, 
     organization, or group, that is organized under the laws of a 
     foreign country or has its principal place of business in a 
     foreign country;
       (C) any foreign governmental entity operating as a business 
     enterprise; and
       (D) any successor, subunit, or subsidiary of any entity 
     described in subparagraph (B) or (C).
       (3) Middle east and north africa.--The term ``Middle East 
     and North Africa'' means those countries that are included in 
     the Area of Responsibility of the Assistant Secretary of 
     State for Near Eastern Affairs.
                                 ______
                                 
  SA 5882. Mr. MARKEY (for himself, Ms. Warren, Mr. Sanders, and Mr. 
Merkley) submitted an amendment intended to be proposed to amendment SA 
5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to 
be proposed to the bill H.R. 7900, to authorize appropriations for 
fiscal year 2023 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1276. GLOBAL CLIMATE ASSISTANCE FUNDS.

       (a) In General.--The amount authorized to be appropriated 
     for fiscal year 2023 by this Act is the aggregate amount 
     authorized to be appropriated for fiscal year 2023 by this 
     Act minus one percent.
       (b) Allocation.--The allocation of the reduction under 
     subsection (a) shall be derived from the additional 
     $44,916,434,000 above the President's fiscal year 2023 budget 
     request provided by the Senate to the discretionary 
     authorizations within the jurisdiction of the Committee on 
     Armed Services of the Senate, as set forth on page 383 of the 
     report of the Committee on Armed Services of the Senate 
     accompanying S. 4543 of the 117th Congress (S. Rept. 117-
     130).
       (c) Use of Funds.--Amounts from the reduction under 
     subsection (a) shall be used by the Secretary of State, in 
     coordination with the Administrator of the United States 
     Agency for International Development and the Secretary of the 
     Treasury, as appropriate, to increase the authorization of 
     appropriations for funds to global climate assistance 
     accounts, programs, organizations, and international 
     financial institutions described in subsection (d) for the 
     following purposes:
       (1) To reduce the risks to United States national security 
     due to climate change, as set forth in the national 
     intelligence estimate of the National Intelligence Council 
     entitled ``Climate Change and International Responses 
     Increasing Challenges to US National Security Through 2040'' 
     (NIC-NIE-2021-10030-A).

[[Page S5347]]

       (2) To provide public climate financing to developing 
     countries, with the objective of limiting the increase in 
     global temperature at or below 1.5 degrees Celsius above pre-
     industrial levels.
       (d) Global Climate Assistance Accounts, Programs, 
     Organizations, and International Financial Institutions 
     Described.--The global climate assistance accounts, programs, 
     organizations, and international financial institutions 
     described in this subsection are the following:
       (1) The Green Climate Fund.
       (2) Global Environment Facility.
       (3) Adaptation Programs.
       (4) Sustainable Landscapes.
       (5) Clean Energy Programs.
       (6) Biodiversity Programs.
       (7) The Clean Technology Fund.
       (8) Migration and Refugee Assistance.
       (9) International Disaster Assistance.
       (10) Montreal Protocol Multilateral Fund (MLF).
       (11) The United Nations Framework Convention on Climate 
     Change.
       (12) The Adaptation Fund.
                                 ______
                                 
  SA 5883. Ms. KLOBUCHAR (for herself and Mr. Burr) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ____. CERTAIN ACTIVITIES RELATING TO INTIMATE VISUAL 
                   DEPICTIONS.

       (a) In General.--Chapter 88 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1802. Certain activities relating to intimate visual 
       depictions

       ``(a) Definitions.--In this section:
       ``(1) Communications service.--The term `communications 
     service' means--
       ``(A) a service provided by a person that is a common 
     carrier, as that term is defined in section 3 of the 
     Communications Act of 1934 (47 U.S.C. 153), insofar as the 
     person is acting as a common carrier;
       ``(B) an electronic communication service, as that term is 
     defined in section 2510;
       ``(C) an information service, as that term is defined in 
     section 3 of the Communications Act of 1934 (47 U.S.C. 153); 
     and
       ``(D) an interactive computer service, as that term is 
     defined in section 230(f) of the Communications Act of 1934 
     (47 U.S.C. 230(f)).
       ``(2) Information content provider.--The term `information 
     content provider' has the meaning given that term in section 
     230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
       ``(3) Intimate visual depiction.--The term `intimate visual 
     depiction' means any visual depiction (as that term is 
     defined in section 2256(5)) of an individual who is 
     recognizable by an individual other than the depicted 
     individual from the intimate image itself or information or 
     text displayed in connection with the intimate image itself 
     or information or text displayed in connection with the 
     intimate image who has attained 18 years of age at the time 
     the intimate visual depiction is created and--
       ``(A) who is depicted engaging in sexually explicit 
     conduct; or
       ``(B) whose genitals, anus, pubic area, or female nipple 
     are unclothed and visible.
       ``(4) Visual depiction of a nude minor.--The term `visual 
     depiction of a nude minor' means any visual depiction (as 
     that term is defined in section 2256(5)) of an individual who 
     is recognizable by an individual other than the depicted 
     individual from the intimate image itself or information or 
     text displayed in connection with the intimate image who was 
     under 18 years of age at the time the visual depiction was 
     created in which the actual anus, genitals, or pubic area, or 
     post-pubescent female nipple, of the minor are unclothed, 
     visible, and displayed in a manner that does not constitute 
     sexually explicit conduct.
       ``(5) Sexually explicit conduct.--The term `sexually 
     explicit conduct' has the meaning given that term in section 
     2256(2)(A).
       ``(b) Offense.--
       ``(1) In general.--Except as provided in subsection (d), it 
     shall be unlawful to knowingly mail, or to distribute using 
     any means or facility of interstate or foreign commerce or 
     affecting interstate or foreign commerce, an intimate visual 
     depiction of an individual--
       ``(A) with knowledge of or reckless disregard for the lack 
     of consent of the individual to the distribution;
       ``(B) where what is depicted was not voluntarily exposed by 
     the individual in a public or commercial setting; and
       ``(C) where what is depicted is not a matter of public 
     concern.
     For purposes of this paragraph, the fact that the subject of 
     the depiction consented to the creation of the depiction 
     shall not establish that that person consented to its 
     distribution.
       ``(2) Minors.--Except as provided in subsection (d), it 
     shall be unlawful to knowingly mail, or to distribute using 
     any means or facility of interstate or foreign commerce or 
     affecting interstate or foreign commerce, a visual depiction 
     of a nude minor with intent to abuse, humiliate, harass, or 
     degrade the minor, or to arouse or gratify the sexual desire 
     of any person.
       ``(c) Penalty.--
       ``(1) In general.--Any person who violates subsection (b), 
     or attempts or conspires to do so, shall be fined under this 
     title, imprisoned not more than 5 years, or both.
       ``(2) Forfeiture.--
       ``(A) In general.--The court, in imposing a sentence on any 
     person convicted of a violation involving intimate visual 
     depictions or visual depictions of a nude minor under this 
     section, or convicted of a conspiracy of a violation 
     involving intimate visual depictions or visual depictions of 
     a nude minor under this section, shall order, in addition to 
     any other sentence imposed and irrespective of any provision 
     of State law, that such person forfeit to the United States--
       ``(i) any material distributed in violation of this 
     section;
       ``(ii) such person's interest in property, real or 
     personal, constituting or derived from any gross proceeds of 
     such violation, or any property traceable to such property, 
     obtained or retained directly or indirectly as a result of 
     such violation; and
       ``(iii) any property, real or personal, used or intended to 
     be used to commit or to facilitate the commission of such 
     offense.
       ``(B) Procedures.--Section 413 of the Controlled Substances 
     Act (21 U.S.C. 853), with the exception of subsections (a) 
     and (d), applies to the criminal forfeiture of property 
     pursuant to subparagraph (A).
       ``(3) Restitution.--Restitution shall be available as 
     provided in section 2264 of title 18, United States Code.
       ``(d) Exceptions.--
       ``(1) Law enforcement, lawful reporting, and other legal 
     proceedings.--This section--
       ``(A) does not prohibit any lawfully authorized 
     investigative, protective, or intelligence activity of a law 
     enforcement agency of the United States, a State, or a 
     political subdivision of a State, or of an intelligence 
     agency of the United States;
       ``(B) shall not apply in the case of an individual acting 
     in good faith to report unlawful activity or in pursuance of 
     a legal or professional or other lawful obligation; and
       ``(C) shall not apply in the case of a document production 
     or filing associated with a legal proceeding.
       ``(2) Service providers.--This section shall not apply to 
     any provider of a communications service with regard to 
     content provided by another information content provider 
     unless the provider of the communications service 
     intentionally solicits, or knowingly and predominantly 
     distributes, such content.
       ``(e) Threats.--Any person who threatens to commit an 
     offense under subsection (b) shall be punished as provided in 
     subsection (c).
       ``(f) Extraterritoriality.--There is extraterritorial 
     Federal jurisdiction over an offense under this section if 
     the defendant or the depicted individual is a citizen or 
     permanent resident of the United States.
       ``(g) Civil Forfeiture.--The following shall be subject to 
     forfeiture to the United States in accordance with provisions 
     of chapter 46 and no property right shall exist in them:
       ``(1) Any material distributed in violation of this 
     chapter.
       ``(2) Any property, real or personal, that was used, in any 
     manner, to commit or to facilitate the commission of a 
     violation involving intimate visual depictions or visual 
     depictions of a nude minor under this section or a conspiracy 
     of a violation involving intimate visual depictions or visual 
     depictions of a nude minor under this section.
       ``(3) Any property, real or personal, constituting, or 
     traceable to the gross proceeds obtained or retained in 
     connection with or as a result of a violation involving 
     intimate visual depictions or visual depictions of a nude 
     minor under this section, a conspiracy of a violation 
     involving intimate visual depictions or visual depictions of 
     a nude minor under this section.
       ``(h) Rule of Construction.--Nothing in this section shall 
     be construed to limit the application of any other relevant 
     law, including section 2252 of this title.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     88 of title 18, United States Code, is amended by inserting 
     after the item relating to section 1801 the following:

``1802. Certain activities relating to intimate visual depictions.''.
                                 ______
                                 
  SA 5884. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

[[Page S5348]]

  


     SEC. 1214. ASSISTANCE TO LEBANESE INSTITUTIONS OF HIGHER 
                   LEARNING.

       There are authorized to be appropriated $40,000,000 from 
     the Economic Support Fund authorized under section 531 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2346) for fiscal 
     year 2023, which may be expended to support scholarships at 
     not-for profit institutions of higher learning in Lebanon 
     that are accredited by an agency or association recognized by 
     the Secretary of Education under subpart 2 of part H of title 
     IV of the Higher Education Act of 1965 (20 U.S.C. 1099b et 
     seq.).
                                 ______
                                 
  SA 5885. Mr. MENENDEZ (for himself, Mr. Kaine, Mr. Cardin, Ms. 
Collins, Mr. Lujan, and Mr. Moran) submitted an amendment intended to 
be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:



 =========================== NOTE =========================== 

  
  On page S5348, September 28, 2022, in the first column, the 
following appears: SA 5885. Mr. MENENDEZ (for himself, Mr. REED, 
Mr. KAINE, Mr. CARDIN, Ms. COLLINS, Mr. LUJAN, and Mr. MORAN) . . 
.
  
  The online Record has been corrected to read: SA 5885. Mr. 
MENENDEZ (for himself, Mr. KAINE, Mr. CARDIN, Ms. COLLINS, Mr. 
LUJAN, and Mr. MORAN) . . .


 ========================= END NOTE ========================= 


        At the end of title XII, add the following:

      Subtitle G--United States-Colombia Bicentennial Alliance Act

     SEC. 1281. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This subtitle may be cited as the 
     ``United States-Colombia Bicentennial Alliance Act''.
       (b) Table of Contents.--The table of contents for this 
     subtitle is as follows:

      Subtitle G--United States-Colombia Bicentennial Alliance Act

Sec. 1281. Short title; table of contents.
Sec. 1282. Findings.
Sec. 1283. Designation of Colombia as a major non-NATO ally.

            Subtitle A--Supporting Inclusive Economic Growth

Sec. 1285. Colombian-American Enterprise Fund.
Sec. 1286. Strategy for promoting and strengthening nearshoring in the 
              Western Hemisphere.
Sec. 1287. United States-Colombia Labor Compact.
Sec. 1288. Supporting efforts to combat corruption.
Sec. 1289. Increasing English language proficiency.
Sec. 1289A. Partnership for STEM education.
Sec. 1289B. Supporting women and girls in science and technology.

   Subtitle B--Advancing Peace and Democratic Governance in Colombia

Sec. 1291. Supporting peace and justice.
Sec. 1292. Advancing integrated rural development.
Sec. 1293. Empowering Afro-Colombian and Indigenous communities in 
              Colombia.
Sec. 1294. Protecting human rights defenders.

             Subtitle C--Strengthening Security Cooperation

Sec. 1295. Establishment of United States-Colombia security 
              consultative committee.
Sec. 1296. Cooperation on cyber defense and combating cyber crimes.
Sec. 1297. Classified report on the activities of certain terrorist and 
              criminal groups.
Sec. 1298. Counternarcotics and rural security strategy.
Sec. 1299. Classified report on the malicious activities of state 
              actors in the Andean region.
Sec. 1299A. Protecting and countering illicit activities in tropical 
              forests.
Sec. 1299B. Public-private partnership to build responsible gold value 
              chains.

               Subtitle D--Addressing Humanitarian Needs

Sec. 1299E. Colombia Relief and Development Coherence Strategy.
Sec. 1299F. Assessment of healthcare infrastructure needs in rural 
              areas.

     SEC. 1282. FINDINGS.

       Congress makes the following findings:
       (1) On June 19, 2022, the United States and Colombia will 
     celebrate 200 years of formal diplomatic relations, 
     commemorating the United States Congress' recognition of the 
     independence of Colombia.
       (2) On May 15, 2022, the United States and Colombia will 
     celebrate 10 years since the entry into force of the United 
     States-Colombia Trade Promotion Agreement, which has 
     contributed to economic growth in both the United States and 
     Colombia.
       (3) On July 13, 2000, the United States and Colombia 
     launched Plan Colombia, an ambitious bilateral strategy that 
     strengthened Colombia's institutions and capacity to combat 
     drug trafficking, organized crime, and violence, and promote 
     rule of law.
       (4) On February 4, 2016, the United States and Colombia 
     launched a new chapter in bilateral security cooperation 
     between the two countries through the announcement of Peace 
     Colombia, the successor strategy to Plan Colombia aimed at 
     supporting Colombia's consolidation of peace, democratic 
     governance, and security.
       (5) To implement Plan Colombia and its successor 
     strategies, the United States Congress has appropriated more 
     than $12,000,000,000 since 2000. The Government of Colombia 
     has contributed more than 90 percent of the total costs of 
     the implementation of Plan Colombia.
       (6) Increased military and security cooperation through 
     Plan Colombia and Peace Colombia has helped Colombia expand 
     and professionalize its police and armed forces.
       (7) The United States and Colombia have entered into formal 
     partnerships with governments throughout Latin America and 
     the Caribbean to bolster hemispheric security cooperation 
     through the United States-Colombia Action Plan on Regional 
     Security Cooperation (USCAP).
       (8) In May 2017, Colombia became the first Latin American 
     partner of the North Atlantic Treaty Organization.
       (9) Colombia is the second most biodiverse country on Earth 
     and is home to 10 percent of the world's flora and fauna.
       (10) Colombia hosts more than 1,800,000 refugees from 
     Venezuela. In addition, Colombia has a population of 
     8,100,000 registered victims of internal displacement since 
     1985.
       (11) Colombia is the United States' third largest trade 
     partner in Latin America, with United States goods and 
     services trade with Colombia totaling an estimated 
     $40,700,000,000 in 2019.
       (12) The Government of Colombia is a strong advocate for 
     democratic governance in Latin America and the Caribbean, 
     publicly condemning ongoing violations of civil liberties and 
     human rights in Cuba, Nicaragua, and Venezuela.
       (13) The Government of Colombia has been an active 
     participant in global peacekeeping and peacebuilding 
     missions, including the United Nations Stabilization Mission 
     in Haiti (MINUSTAH), the United Nations Integrated 
     Peacebuilding Office in Sierra Leone (UNOSIL), and the 
     Multinational Force and Observers in the Sinai, since 1979.
       (14) In February 2021, Colombian President Ivan Duque 
     announced he would grant temporary protected status to nearly 
     1,800,000 Venezuelan refugees in the country.

     SEC. 1283. DESIGNATION OF COLOMBIA AS A MAJOR NON-NATO ALLY.

       Section 517 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2321k) is amended by adding at the end the following 
     new subsection:
       ``(c) Additional Designations.--
       ``(1) In general.--Effective on the date of the enactment 
     of the United States-Colombia Bicentennial Alliance Act, 
     Colombia is designated as a major non-NATO ally for purposes 
     of this Act, the Arms Export Control Act (22 U.S.C. 2751 et 
     seq.), and section 2350a of title 10, United States Code.
       ``(2) Notice of termination of designation.--The President 
     shall notify Congress in accordance with subsection (a)(2) 
     before terminating the designation of a country specified in 
     paragraph (1).''.

            Subtitle A--Supporting Inclusive Economic Growth

     SEC. 1285. COLOMBIAN-AMERICAN ENTERPRISE FUND.

       (a) Designation.--The President shall designate a private, 
     nonprofit organization (to be known as the ``Colombian-
     American Enterprise Fund'') to receive funds and support made 
     available under this section after determining that such 
     organization has been designated for the purposes specified 
     in subsection (b). The President shall make such designation 
     only after consultation with the leadership of the Committee 
     on Foreign Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives.
       (b) Purposes.--The purposes are this section are the 
     purposes described in section 1421(g)(3) of the BUILD Act of 
     2018 (22 U.S.C. 9621(g)(3)).
       (c) Board of Directors.--
       (1) Appointment.--The Colombian-American Enterprise Fund 
     shall be governed by a Board of Directors pursuant to 
     paragraphs (5) and (6) of section 1421(g) of the BUILD Act of 
     2018 (22 U.S.C. 9621(g)).
       (2) United states government liaison to the board.--The 
     President shall appoint the United States Ambassador to 
     Colombia, or the Ambassador's designee, as a liaison to the 
     Board. The liaison appointed under this paragraph shall not 
     have any voting authority.
       (3) Nongovernment liaisons to the board.--
       (A) In general.--Upon the recommendation of the Board of 
     Directors, the President may appoint up to 2 additional 
     liaisons to the Board of Directors in addition to the liaison 
     specified in paragraph (2), of which not more than 1 may be a 
     noncitizen of the United States. A liaison appointed under 
     this subparagraph shall not have any voting authority.
       (B) NGO community.--One of the additional liaisons to the 
     Board should be from the nongovernmental organization 
     community, with significant prior experience in development 
     financing and an understanding of development policy 
     priorities for Colombia.
       (C) Technical expertise.--One of the additional liaisons to 
     the Board should have extensive demonstrated industry, 
     sector, or technical experience and expertise in a priority 
     investment sector described in subsection (e) for the 
     Colombia-American Enterprise Fund.
       (d) Grants.--The President is authorized to use 
     $200,000,000 in funds appropriated by any Act, in this fiscal 
     year or prior fiscal years, making appropriations for the 
     Department of State, foreign operations, and related 
     programs, including funds previously

[[Page S5349]]

     obligated, that are otherwise available for such purposes, 
     notwithstanding any other provision of law--
       (1) to carry out the purposes set forth in subsection (b) 
     through the Colombian-American Enterprise Fund in accordance 
     with section 1421(g)(4)(A) of the BUILD Act of 2018 (22 
     U.S.C. 9621(g)(4)(A)); and
       (2) to pay for the administrative expenses of the 
     Colombian-American Enterprise Fund, in accordance with the 
     limitation under section 1421(g)(4)(B) of the BUILD Act of 
     2018 (22 U.S.C. 9621(g)(4)(B)).
       (e) Prioritization.--In carrying out the purposes of the 
     Colombian-American Enterprise Fund described in subsection 
     (b), the Board of Directors shall not be prohibited from 
     making investments, grants, and expenditures in any economic 
     sector, but shall prioritize such activities in the following 
     sectors:
       (1) Not less than 35 percent of the investments, grants, 
     and expenditures of the Colombian-American Enterprise Fund 
     shall go to projects and activities of small- and medium-
     sized businesses in Colombia working to close the digital 
     divide, enabling digital transformation, and developing and 
     applying advanced digital technologies, including big data, 
     artificial intelligence, and the Internet of things.
       (2) Not less than 50 percent of the investments, grants, 
     and expenditures, of the Colombian-American Enterprise Fund 
     shall go to small- and medium-sized businesses owned by 
     women.
       (3) Small- and medium-sized businesses dedicated to 
     advancing the growth, sustainability, modernization, and 
     formalization of Colombia's agriculture sector.
       (f) Notification.--Not later than 15 days before 
     designating an organization to operate as the Colombia-
     American Enterprise Fund pursuant to subsection (a), the 
     President shall notify the Chairmen and Ranking Members of 
     the appropriate congressional committees of--
       (1) the identity of the organization to be designated to 
     operate as the Colombian-American Enterprise Fund;
       (2) the names and qualifications of the individuals who 
     will comprise the initial Board of Directors; and
       (3) the amount of the grant intended to fund the Colombian-
     American Enterprise Fund.
       (g) Briefing.--Not later than one year after the 
     designation of the Fund, and annually thereafter, the 
     President shall brief the appropriate congressional 
     committees on--
       (1) a summary of the Fund's beneficiaries;
       (2) progress by the Fund in achieving the purposes set 
     forth in subsection (b);
       (3) recommendations on how the Fund can better achieve the 
     purposes set forth in subsection (b); and
       (4) the reporting requirements described in subsection (h).
       (h) Compliance.--The Colombian-American Enterprise Fund 
     shall be subject to the reporting and oversight requirements 
     described in paragraphs (7) and (8) of section 1421(g) of the 
     BUILD Act of 2018 (22 U.S.C. 9621(g)), respectively.
       (i) Best Practices.--
       (1) In general.--To the maximum extent practicable, the 
     Board of Directors of the Colombian-American Enterprise Fund 
     should adopt the best practices and procedures used by other 
     American Enterprise Funds, including those for which funding 
     has been made available pursuant to section 201 of the 
     Support for East European Democracy (SEED) Act of 1989 (22 
     U.S.C. 5421).
       (2) Implementation.--In implementing this section, the 
     President shall ensure that the articles of incorporation of 
     the Colombia-American Enterprise Fund (including provisions 
     specifying the responsibilities of the Board of Directors of 
     the Fund) and the terms of United States Government grant 
     agreements with the Fund are, to the maximum extent 
     practicable, consistent with the articles of incorporation 
     and the terms of grant agreements established for other 
     American Enterprise Funds, including those established 
     pursuant to section 201 of the Support for East European 
     Democracy (SEED) Act of 1989 (22 U.S.C. 5421) and comparable 
     provisions of law.
       (j) Return of Funds to Treasury.--Any funds resulting from 
     the liquidation, dissolution, or winding up of the Colombian-
     American Enterprise Fund, in whole or in part, shall be 
     returned to the Treasury of the United States.
       (k) Termination.--The Colombian-American Enterprise Fund 
     shall terminate on--
       (1) the date that is 10 years after the date of the first 
     expenditure of amounts from the fund; or
       (2) the date on which the fund is liquidated.

     SEC. 1286. STRATEGY FOR PROMOTING AND STRENGTHENING 
                   NEARSHORING IN THE WESTERN HEMISPHERE.

       (a) Strategy.--The Secretary of State, in coordination with 
     the United States Agency for International Development and 
     the United States International Development Finance 
     Corporation, and the heads of all other relevant Federal 
     departments and agencies, shall develop and implement a 
     strategy to increase supply chain resiliency and security by 
     promoting and strengthening nearshoring efforts to foster 
     economic growth in the Americas and relocate supply chains 
     from the People's Republic of China to the Western 
     Hemisphere.
       (b) Elements.--The strategy required under subsection (a) 
     shall--
       (1) be informed by consultations with--
       (A) the governments of allies and partners in the Western 
     Hemisphere; and
       (B) labor organizations, trade unions, and companies and 
     other private sector enterprises in the United States;
       (2) provide a description of how reshoring and nearshoring 
     initiatives can be pursued in a complementary fashion to 
     strengthen United States national interests, including an 
     assessment of how nearshoring initiatives can expand 
     opportunities for coproduction and other cooperative business 
     ventures between United States and regional entities;
       (3) include an assessment of the status and effectiveness 
     of current efforts by regional governments, multilateral 
     development banks, and the private sector to promote 
     nearshoring to the Western Hemisphere, major challenges 
     hindering such efforts, and how the United States can 
     strengthen the effectiveness of such efforts;
       (4) identify countries and sectors within Latin America and 
     the Caribbean with comparative advantages for sourcing and 
     manufacturing critical goods and countries with the greatest 
     nearshoring opportunities;
       (5) identify how activities by the United States Agency for 
     International Development and the United States International 
     Development Finance Corporation can effectively be leveraged 
     to strengthen and promote nearshoring to Latin America and 
     the Caribbean;
       (6) require that the Department of the Treasury and the 
     United States Trade and Development Agency work with United 
     States firms to identify barriers that inhibit them from 
     committing capital or financing projects and provide a 
     description for how the United States Government can work 
     with Latin American and Caribbean countries to address these 
     barriers;
       (7) advance diplomatic initiatives to secure specific 
     national commitments by governments in Latin America and the 
     Caribbean to undertake efforts to create favorable conditions 
     for nearshoring in the region, including commitments to 
     develop formalized national nearshoring strategies, address 
     corruption and rule of law concerns, modernize digital and 
     physical infrastructure, lower trade barriers, raise labor 
     and environmental standards, improve ease of doing business, 
     and finance and incentivize nearshoring initiatives;
       (8) advance diplomatic initiatives to harmonize standards 
     and regulations, especially among existing United States free 
     trade partners, expedite customs operations, facilitate 
     economic integration in the region, strengthen legal regimes 
     and monitoring and enforcement measures relating to labor 
     standards, and ensure that nearshoring initiatives are 
     consistent with efforts to improve supply chain energy 
     efficiency, reduce the energy used to transport global goods, 
     and advance environmental sustainability; and
       (9) develop and implement programs to finance, incentivize, 
     or otherwise promote nearshoring to the Western Hemisphere in 
     accordance with the findings made pursuant to paragraphs (3), 
     (4), and (5), including, at minimum, programs to develop 
     physical and digital infrastructure, promote transparency in 
     procurement processes, provide technical assistance in 
     implementing national nearshoring strategies, support 
     capacity building to strengthen labor and environmental 
     standards, mobilize private investment, and secure 
     commitments by private entities to relocate supply chains 
     from the People's Republic of China to the Western 
     Hemisphere.
       (c) Coordination With Multilateral Development Banks.--In 
     implementing the strategy required under subsection (a), the 
     Secretary of State and the heads of all other relevant 
     Federal departments and agencies shall coordinate with the 
     United States Executive Directors of the Inter-American 
     Development Bank and the World Bank.
       (d) Prioritization.--As part of the effort described in 
     this section, the Secretary of State shall prioritize 
     Colombia.
       (e) Annual Report.--Not later than 180 days after the date 
     of the enactment of this Act, and annually thereafter for a 
     period of 5 years, the Secretary of State shall submit to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     a report on the strategy required under subsection (a) and 
     progress made in its implementation.

     SEC. 1287. UNITED STATES-COLOMBIA LABOR COMPACT.

       (a) Compact Authority.--The Secretary of State, in 
     coordination with the Secretary of Labor and the United 
     States Trade Representative, is authorized to enter into a 
     bilateral agreement of not less than 7 years in duration with 
     the Government of Colombia to continue strengthening labor 
     rights, labor policies, and labor competitiveness in the 
     country. The agreement shall be known as the ``United States-
     Colombia Labor Compact'' (referred to in this section as the 
     ``Compact'').
       (b) Compact Elements.--The Compact shall establish a multi-
     year strategy to--
       (1) address the findings in the 2021 Executive Report of 
     the Mision de Empleo de Colombia;
       (2) further advance the objectives set forth under the 
     related goals of the 2016 peace accord and the Colombian 
     Action Plan Related to Labor Rights of April 7, 2011 
     (referred to in this section as the ``Labor Action Plan'');
       (3) promote labor formalization in Colombia;
       (4) protect internationally recognized labor rights, 
     including with respect to freedom of

[[Page S5350]]

     association, elimination of all forms of forced or compulsory 
     labor, prohibitions on child labor, and acceptable work 
     conditions;
       (5) address and prevent violence against labor 
     organizations and trade unions and prosecute the perpetrators 
     of such violence; and
       (6) promote competitive labor for Colombia at the level of 
     other international markets, allowing increased job 
     opportunities.
       (c) Strategy Requirements.--The strategy required under 
     subsection (c) shall--
       (1) be informed by consultations with labor organizations, 
     trade unions, and companies and other private sector 
     enterprises in the United States and Colombia;
       (2) be informed by assessments, including assessments by 
     the Department of Labor's International Labor Affairs Bureau, 
     of the areas in Colombia experiencing the highest incidence 
     of labor rights violations and violence against labor 
     organizations and trade unions;
       (3) identify clear and measurable goals, objectives, and 
     benchmarks under the Compact to detect, deter, and respond to 
     labor rights violations and violence against labor leaders;
       (4) set out clear roles, responsibilities, and objectives 
     under the Compact, which shall include a description of 
     policies and financial commitments of the United States 
     Government and the Government of Colombia;
       (5) provide for the conduct of an impact evaluation not 
     later than 1 year after the conclusion of the negotiations of 
     the Compact and biannually thereafter;
       (6) provide for a full accounting of all United States 
     funds expended under the Compact, which shall include full 
     audit authority for the Office of the Inspector General of 
     the Department of State, the Office of the Inspector General 
     of the United States Agency for International Development, 
     and the Government Accountability Office, as appropriate; and
       (7) enhance the bilateral coordination through the relevant 
     agencies and the United States labor attache in Bogota, to 
     facilitate progress in the implementation of the strategy.
       (d) Establishment of Task Force.--The President shall 
     establish an interagency task force to advance, monitor, 
     enforce, and evaluate the negotiation and signing of the 
     Compact (referred to in this section as the ``Labor Task 
     Force''), which shall consist of--
       (1) the Secretary of State, who shall serve as the Chair;
       (2) the Administrator of the United States Agency for 
     International Development;
       (3) the Secretary of Labor;
       (4) the United States Trade Representative; and
       (5) any other Federal officials as may be designated by the 
     President.
       (e) Activities of the Labor Task Force.--The Labor Task 
     Force shall--
       (1) engage with the Government of Colombia to design and 
     implement the Compact;
       (2) engage in consultation and advocacy with 
     nongovernmental organizations, including labor organizations 
     and trade unions in the United States and Colombia, to 
     advance the purposes of this section;
       (3) assess efforts by the United States Government and the 
     Government of Colombia to implement the Compact; and
       (4) establish regular meetings of the Labor Task Force to 
     ensure closer coordination across departments and agencies in 
     the development of policies regarding the Compact.
       (f) Specific Focus.--The activities described in subsection 
     (f) shall include an in-depth analysis of the impact of the 
     United States-Colombia Trade Promotion Agreement on 
     vulnerable populations, including women and Afro-Colombian, 
     Indigenous, and migrant communities, and recommendations on 
     ways to ensure that those communities are better assisted and 
     protected.
       (g) Congressional Notification.--Not later than 15 days 
     after entering into a Compact with the Government of 
     Colombia, the Secretary of State, in coordination with the 
     Administrator of the United States Agency for International 
     Development and the Secretary of Labor, shall submit to the 
     Committee on Foreign Relations of the Senate, the Committee 
     on Finance of the Senate, the Committee on Ways and Means of 
     the House of Representatives, and the Committee on Foreign 
     Affairs of the House of Representatives--
       (1) a copy of the proposed Compact; and
       (2) a copy of any annexes, appendices, or implementation 
     plans related to the Compact.
       (h) Reports.--Not later than 1 year after entering into a 
     Compact, and annually during the period in which the Compact 
     is in effect, the Secretary of State, in coordination with 
     the Administrator of the United States Agency for 
     International Development, shall submit a report to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     that describes the progress made under the Compact and 
     includes recommendations for strengthening United States 
     implementation of the Compact.

     SEC. 1288. SUPPORTING EFFORTS TO COMBAT CORRUPTION.

       (a) Technical Assistance.--The Secretary of State shall 
     engage with the Government of Colombia for the purpose of 
     developing and implementing a multi-year strategy, including 
     through the provision of technical assistance, to combat 
     corruption and address the misuse of public resources. The 
     Secretary of State shall consult with the Administrator of 
     the United States Agency for International Development and 
     the Secretary of the Treasury in the development of the 
     strategy.
       (b) Elements.--The strategy required under subsection (a) 
     shall--
       (1) assess the scope of public and private sector 
     corruption in Colombia, including specific cases of 
     significant corruption;
       (2) provide technical assistance for the purposes of 
     combating corruption and increasing transparency in Colombia;
       (3) develop and implement programming at the national and 
     local levels to support investigative journalism, protection 
     of journalists reporting on public and private sector 
     corruption, civil society anti-corruption initiatives;
       (4) consult and advocate with nongovernmental organizations 
     and the private sector to advance the purposes of this 
     section; and
       (5) establish regular United States interagency meetings to 
     ensure closer coordination across United States departments 
     and agencies in the development of policies regarding 
     transparency and corruption in Colombia.
       (c) Briefings.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State shall brief 
     the Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     on the strategy required under subsection (a). Not later than 
     1 year after the briefing on the strategy, and annually 
     thereafter, the Secretary of State shall brief the committees 
     on the implementation of the strategy.

     SEC. 1289. INCREASING ENGLISH LANGUAGE PROFICIENCY.

       (a) Partnership Authorized.--The Secretary of State and the 
     Administrator of the United States Agency for International 
     Development are authorized to establish a 5-year public-
     private partnership to support--
       (1) innovative in-country solutions for improving English 
     language proficiency among primary and secondary school 
     teachers in Colombia;
       (2) the creation of English language accelerator courses, 
     including specialized courses in business and technology; and
       (3) increased educational exchanges between universities in 
     the United States and Colombia.
       (b) Elements.--In designing and implementing the 
     partnership authorized under subsection (a), the Secretary of 
     the State and the Administrator of the United States Agency 
     for International Development shall--
       (1) complement ongoing efforts by the Ministry of Education 
     of Colombia and other relevant institutions;
       (2) target teachers from schools in low-income communities 
     and underrepresented communities, including Afro-Colombian 
     and Indigenous communities; and
       (3) consult with the Government of Colombia, civil society, 
     and academia.
       (c) Purpose.--The purpose of the partnership authorized 
     under subsection (a) is to increase English language 
     proficiency among primary and secondary school teachers, 
     enhance teachers' use of emerging digital technologies for 
     English language learning, and ensure continuity of teacher 
     development, thereby increasing student outcomes and the 
     ability of Colombian youth to access higher education and 
     higher quality livelihoods.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the United States Agency for 
     International Development $12,000,000 for each of fiscal 
     years 2023 through 2027 for the creation of the partnership 
     authorized under subsection (a).
       (e) Monitoring and Evaluation Framework.--Not later than 1 
     year after the date of the enactment of this Act, the 
     Secretary of State and the Administrator of the United States 
     Agency for International Development shall jointly submit to 
     the Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     a monitoring and evaluation framework that includes 
     objectives and indicators related to the partnership 
     authorized under subsection (a).
       (f) Assessments of Partnership Impact.--Not later than 2 
     years and 5 years after the date of the enactment of this 
     Act, the Secretary of State and the Administrator of the 
     United States Agency for International Development shall 
     jointly submit to the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives a comprehensive assessment on the impact of 
     the partnership authorized under subsection (a) that uses the 
     monitoring and evaluation framework submitted pursuant to 
     subsection (e).
       (g) Briefing.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State and the 
     Administrator of the United States Agency for International 
     Development shall brief the Committee on Foreign Relations of 
     the Senate and the Committee on Foreign Affairs of the House 
     of Representatives regarding the progress achieved in 
     advancing the partnership authorized under subsection (a).

     SEC. 1289A. PARTNERSHIP FOR STEM EDUCATION.

       (a) In General.--The United States Administrator of the 
     United States Agency for International Development shall 
     support Colombia's Ministry of Education in the development 
     of K-12 STEM curricula, the development of a STEM teacher 
     education and degree program at public schools, and the 
     training of 10,000 new K-12 public school educators, 
     including in underrepresented and

[[Page S5351]]

     Afro-Colombian and Indigenous communities.
       (b) Coordination.--In designing and implementing the 
     program required under subsection (a), the Administrator of 
     the United States Agency for International Development shall 
     coordinate with the Chief Executive Officer of the Millennium 
     Challenge Corporation and the Chief Executive Officer of the 
     Peace Corps.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the United States Agency for 
     International Development $10,000,000 for each of fiscal 
     years 2023 through 2027 for the creation of the program 
     authorized under subsection (a).
       (d) Briefings.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Administrator of the United States Agency for International 
     Development shall brief the Committee on Foreign Relations of 
     the Senate and the Committee on Foreign Affairs of the House 
     of Representatives on the results of the program required 
     under subsection (a).

     SEC. 1289B. SUPPORTING WOMEN AND GIRLS IN SCIENCE AND 
                   TECHNOLOGY.

       (a) In General.--The Secretary of State shall establish 
     TechWomen and TechGirls programs designed to empower and 
     inspire women and girls from Latin America and the Caribbean 
     to advance careers in science and technology.
       (b) Participation.--In carrying out subsection (a), the 
     Secretary of State shall--
       (1) during the first 5 years of the programs, prioritize 
     the participation of Colombian women and girls; and
       (2) take steps to include underrepresented women and girls 
     from across Latin America and the Caribbean, including women 
     from low income and underrepresented communities, including 
     Afro-Colombian and Indigenous communities, in the programs.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated $1,000,000 for fiscal year 2023 to carry 
     out this section.

   Subtitle B--Advancing Peace and Democratic Governance in Colombia

     SEC. 1291. SUPPORTING PEACE AND JUSTICE.

       (a) Policy.--It is the policy of the United States to 
     support peace, justice, and democratic governance in 
     Colombia, including the full and timely implementation of the 
     2016 peace accord.
       (b) Evaluation Framework.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Administrator of the United States 
     Agency for International Development, shall submit to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     an evaluation framework that assesses the impact of United 
     States diplomatic engagement and foreign assistance 
     programming in support of the peace process in Colombia.
       (2) Consultation.--The Secretary of State, in consultation 
     with the Administrator of the United States Agency for 
     International Development, shall consult with the Committee 
     on Foreign Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives on the 
     development of the evaluation framework required under 
     paragraph (1).

     SEC. 1292. ADVANCING INTEGRATED RURAL DEVELOPMENT.

       (a) Supporting Agricultural Cooperatives.--The Secretary of 
     State, in coordination with the Administrator of the United 
     States Agency for International Development, the Chief 
     Executive Officer of the United States International 
     Development Finance Corporation, and the Secretary of 
     Commerce, and in consultation with the Chief Executive 
     Officer of the Inter-American Foundation, shall develop and 
     implement programs to support the ability of rural 
     cooperatives in conflict-affected areas of Colombia to bring 
     products into national and international markets by--
       (1) supporting research;
       (2) developing new skills;
       (3) building resilience capacities, including capacity to 
     adapt to the effects of climate change;
       (4) integrating best practices in sustainable agriculture;
       (5) promoting standardization and quality control;
       (6) supporting commercialization;
       (7) enabling access to financing; and
       (8) promoting access to markets.
       (b) Prioritization.--Programs required under subsection (a) 
     shall prioritize communities seeking to shift away from 
     illicit economies, including such economies related to the 
     trafficking of narcotics, wildlife, minerals and other 
     natural resources, and other goods.
       (c) Consultation.--In developing the programs required 
     under subsection (a), the Secretary of State shall consult 
     with representatives of the Government of Colombia, the 
     private sector, human rights, labor, and humanitarian 
     organizations, and underrepresented populations including 
     women, Indigenous populations, and Afro-Colombians.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of State and the 
     Administrator of the United States Agency for International 
     Development $10,000,000 for each of fiscal years 2023 and 
     2024 to carry out the programs required under subsection (a).
       (e) Briefings.--Not later than 180 days after the date of 
     the enactment of this Act, and every 180 days thereafter, the 
     Secretary of State, the Administrator of the United States 
     Agency for International Development, and the Chief Executive 
     Officer of the United States International Development 
     Finance Corporation shall brief the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives regarding the progress 
     achieved in advancing the programs required under subsection 
     (a).

     SEC. 1293. EMPOWERING AFRO-COLOMBIAN AND INDIGENOUS 
                   COMMUNITIES IN COLOMBIA.

       (a) In General.--The Secretary of State, in coordination 
     with the Administrator of the United States Agency for 
     International Development and the Chief Executive Officer of 
     the United States International Development Finance 
     Corporation, and in consultation with the Chief Executive 
     Officer of the Inter-American Foundation, shall develop and 
     implement initiatives to--
       (1) support the implementation of the ethnic chapter of 
     Colombia's 2016 peace accord, which safeguards the rights of 
     the Indigenous and Black populations of Colombia;
       (2) provide technical assistance and capacity-building 
     support to Afro-Colombian community councils in Colombia;
       (3) increase the participation of individuals from Afro-
     Colombian and Indigenous communities in existing bilateral 
     initiatives and in educational and cultural exchange programs 
     of the Department of State and the United States Agency for 
     International Development; and
       (4) increase access to finance and credit for small- and 
     medium-sized businesses owned by Afro-Colombian and 
     Indigenous entrepreneurs, particularly those in communities 
     historically prone to violence and insecurity.
       (b) Prioritization.--During the 5-year period beginning on 
     the date of the enactment of this Act--
       (1) the Administrator of the United States Agency for 
     International Development shall dedicate not less than 10 
     percent of the amounts appropriated to the United States 
     Agency for International Development and allocated for 
     Colombia to programs that empower and support Afro-Colombian 
     and Indigenous communities in Colombia; and
       (2) not less than 50 percent of the funding dedicated under 
     paragraph (1) shall be directly provided to Afro-Colombian 
     and Indigenous-led organizations to implement the programs 
     described in that paragraph.

     SEC. 1294. PROTECTING HUMAN RIGHTS DEFENDERS.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated $20,000,000 for each of fiscal years 2022 
     through 2026 to provide critical assistance to human rights 
     defenders and anti-corruption activists in Colombia through 
     the Department of State Human Rights Defenders Fund.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, and annually thereafter through the 
     end of 2024, the Secretary of State, in cooperation with the 
     Administrator of the United States Agency for International 
     Development, shall submit a report to Congress that 
     includes--
       (1) details regarding Department of State and United States 
     Agency for International Development programs to--
       (A) support the work of human rights defenders, anti-
     corruption activists, and other civil society actors in 
     Colombia; and
       (B) provide assistance when such individuals are under 
     threat, including specific processes by which such 
     individuals can request assistance from United States 
     embassies;
       (2) detailed information contained in the Country Reports 
     on Human Rights Practices regarding the intimidation of, and 
     attacks against, such individuals and the response of the 
     foreign government;
       (3) a strategy for any increased engagement and measures of 
     success toward defending human rights defenders and anti-
     corruption activists; and
       (4) an accounting of funds used to execute the Human Rights 
     Defender Fund.

             Subtitle C--Strengthening Security Cooperation

     SEC. 1295. ESTABLISHMENT OF UNITED STATES-COLOMBIA SECURITY 
                   CONSULTATIVE COMMITTEE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State and the 
     Secretary of Defense shall establish a consultative committee 
     to include the Government of Colombia to develop a strategy 
     for jointly strengthening Colombia's national security and 
     defense institutions, and capacity to carry out operations 
     across the territory of Colombia, including in rural and 
     urban areas, related to--
       (1) counterterrorism and counterinsurgency;
       (2) counternarcotics and countering other forms of illicit 
     trafficking;
       (3) cyberdefense and cybercrimes;
       (4) border and maritime security and air defense; and
       (5) stabilization.
       (b) Additional Elements.--The consultative committee shall 
     evaluate existing technologies, equipment, and weapons 
     systems, as well as necessary upgrades to such technologies, 
     equipment, and systems of Colombia's national security and 
     defense institutions in order to ensure the continued defense 
     of the national sovereignty and national territory of 
     Colombia.
       (c) Bilateral Security and Defense Cooperation.--Not later 
     than 180 days after the

[[Page S5352]]

     establishment of the consultative committee required under 
     subsection (a), the Secretary of State, in coordination with 
     the Secretary of Defense, is authorized to enter into 
     consultations with the Government of Colombia to strengthen 
     existing, or establish new, bilateral security and defense 
     cooperation or lines of effort to address capacity-building 
     and resource needs identified by the consultative committee.
       (d) Briefings.--
       (1) Consultative committee.--Not later than 30 days after 
     the establishment of the United States-Colombia Security 
     Consultative Committee required under subsection (a), and not 
     later than 15 days after any meeting of the Consultative 
     Committee thereafter, the Secretary of State and the 
     Secretary of Defense shall jointly brief any of the 
     appropriate congressional committees on progress made under 
     the committee, pursuant to a request by any one of the 
     appropriate congressional committees.
       (2) Bilateral security and defense cooperation.--Not later 
     than 30 days after the completion of any consultations with 
     the Government of Colombia pursuant to subsection (c), the 
     Secretary of State and the Secretary of Defense shall brief 
     the appropriate congressional committees on the 
     implementation of the agreed upon areas of cooperation or 
     lines of effort.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Armed Services of the Senate;
       (3) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (4) the Committee on Armed Services of the House of 
     Representatives.

     SEC. 1296. COOPERATION ON CYBER DEFENSE AND COMBATING CYBER 
                   CRIMES.

       (a) Diplomatic Engagement.--The Secretary of State, in 
     coordination with the Attorney General of the United States, 
     shall engage with the Government of Colombia to support and 
     facilitate Colombia's adoption of improved standards to 
     address cyber crimes, especially such crimes that are state-
     directed, including--
       (1) supporting the development of Colombia's strategies to 
     deter, investigate, and prosecute cybercrime, to protect 
     critical infrastructure, and to promote the use of new 
     technologies, as part of a broader and more coordinated 
     effort to protect the information technology systems and 
     networks of citizens, businesses, and governments;
       (2) supporting the development of protocols that allow 
     cyber preparedness and ensure protection and resilience to 
     critical infrastructure;
       (3) supporting the Government of Colombia in the 
     implementation of relevant international conventions, such as 
     the Budapest Convention on Cybercrime, of which Colombia is a 
     party;
       (4) continuing to develop partnerships among foreign 
     partners, including in Latin America and the Caribbean, 
     responsible for preventing, investigating, and prosecuting 
     such crimes, and the private sector, in order to streamline 
     and improve the procurement of timely information in the 
     context of mutual assistance proceedings;
       (5) working, in cooperation with like-minded democracies in 
     international organizations, to advance standards for digital 
     governance and promote a secure, reliable, free, and open 
     internet;
       (6) supporting the adoption of new technologies to enhance 
     the technical capabilities of cybersecurity agencies in 
     Colombia; and
       (7) supporting the efforts of the Government of Colombia 
     and Colombian civil society to build national resilience 
     against foreign disinformation efforts.
       (b) Digital Infrastructure Access and Security Strategy.--
     Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of State, in coordination with 
     relevant Federal agencies, shall develop and implement a 
     strategy for leveraging United States expertise to share best 
     practices and lessons learned and assist the Government of 
     Colombia. The strategy shall--
       (1) improve and secure its digital infrastructure, 
     including critical infrastructure;
       (2) protect technological assets, including data privacy, 
     digital evidence, and electronically store information;
       (3) advance cybersecurity to protect against cybercrime and 
     cyberespionage;
       (4) promote exchanges and technical training programs, 
     including know-how transfer in cybersecurity and 
     disinformation and misinformation;
       (5) promote the adoption or development of new technologies 
     to enhance protection against cybercrime and cyberespionage;
       (6) promote digital hygiene programs; and
       (7) build capacity to identify and expose foreign 
     disinformation and misinformation.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of State for the 
     development and implementation of the strategy required under 
     subsection (b) $3,000,000 for each of fiscal years 2023 
     through 2025.
       (d) Semiannual Briefing Requirement.--Not later than 180 
     days after the date of the enactment of this Act, and every 
     180 days thereafter until the date that is 5 years after such 
     date of enactment, the Secretary of State shall brief the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     regarding the implementation of the diplomatic engagement 
     described in subsection (a) and the implementation of the 
     strategy described in subsection (b).

     SEC. 1297. CLASSIFIED REPORT ON THE ACTIVITIES OF CERTAIN 
                   TERRORIST AND CRIMINAL GROUPS.

       (a) Finding.--On November 30, 2021, the United States 
     designated the Revolutionary Armed Forces of Colombia-
     People's Army (FARC-EP) and Segunda Marquetalia as foreign 
     terrorist organizations under section 219(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1189(a)).
       (b) Reports Required.--Not later than 180 days after the 
     date of the enactment of this Act, and annually thereafter 
     for 5 years, the Secretary of State, acting through the 
     Assistant Secretary of State for the Bureau of Intelligence 
     and Research of the Department of State, and in coordination 
     with the Secretary of Defense, the Director of National 
     Intelligence, and the Director of the Central Intelligence 
     Agency, shall submit to the appropriate congressional 
     committees a classified report detailing the activities of 
     the Revolutionary Armed Forces of Colombia-EP, Segunda 
     Marquetalia, the Ejercito de Liberacion Nacional, Clan del 
     Golfo, and other Colombian organized criminal groups .
       (c) Elements.--Each report required by subsection (b) shall 
     include--
       (1) the name or names of each group covered by the report;
       (2) a description of each group and the geographic presence 
     of the group;
       (3) a description of the leadership and structure of each 
     group;
       (4) the operating modalities and capabilities of each 
     group;
       (5) the rate of growth and recruitment strategies of each 
     group; and
       (6) any linkages between such groups and any other 
     countries, including the regime of Nicolas Maduro in 
     Venezuela.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Select Committee on Intelligence of the Senate;
       (3) the Committee on Armed Services of the Senate;
       (4) the Committee on Foreign Affairs of the House of 
     Representatives;
       (5) the Permanent Select Committee on Intelligence of the 
     House of Representatives; and
       (6) the Committee on Armed Services of the House of 
     Representatives.

     SEC. 1298. COUNTERNARCOTICS AND RURAL SECURITY STRATEGY.

       (a) In General.--The Secretary of State shall develop and 
     implement a strategy and related programs to support the 
     Government of Colombia's efforts to counter narcotics 
     trafficking and transnational organized crime, including 
     human trafficking, illicit trafficking in arms, wildlife, and 
     cultural property, environmental crimes, migrant smuggling, 
     corruption, money laundering, the illicit smuggling of bulk 
     cash, the licit use of financial systems for malign purposes, 
     and other new and emerging forms of crime, by supporting--
       (1) the eradication of illicit coca crops and the 
     destruction of laboratories used to produce illicit 
     narcotics;
       (2) the interdiction of illicit narcotics and other forms 
     contraband;
       (3) efforts to disrupt illicit financial networks, 
     including through technical assistance to financial 
     intelligence units, including the enhancement of anti-money 
     laundering and asset forfeiture programs;
       (4) civilian law enforcement agencies, including support 
     for--
       (A) the enhancement of management of complex, multi-actor 
     criminal cases;
       (B) the enhancement of intelligence collection capacity and 
     training on civilian intelligence collection (including 
     safeguards for privacy and basic civil liberties), 
     investigative techniques, forensic analysis, and evidence 
     preservation; and
       (C) port, airport, and border security officials, agencies, 
     and systems, including--
       (i) improvements to computer infrastructure and data 
     management systems, secure communications technologies, 
     nonintrusive inspection equipment, and radar and aerial 
     surveillance equipment; and
       (ii) assistance to canine units;
       (5) justice sector institutions to enhance efforts to 
     successfully prosecute drug trafficking organizations, 
     transnational criminal organizations, and individuals and 
     entities involved in money laundering and financial crimes 
     related to narcotics trafficking and other illicit economies;
       (6) the inclusion of human rights in law enforcement 
     training programs; and
       (7) advancing rural security initiatives, including the 
     protection of community leaders and members of organized 
     civil society who promote the rule of law and democratic 
     governance.
       (b) Prioritization.--During the 5-year period beginning on 
     the date of the enactment of this Act, the Secretary of State 
     shall dedicate--
       (1) not less than 10 percent of the amounts appropriated to 
     the International Narcotics Control and Law Enforcement 
     account for Colombia to combating money laundering and 
     financial crimes; and
       (2) not less than 10 percent of the amounts appropriated to 
     the International Narcotics Control and Law Enforcement 
     account for Colombia to research, innovation initiatives, and 
     new technologies that can be utilized to

[[Page S5353]]

     combat illicit trafficking and all forms of transnational 
     organized crime, as described in subsection (a).
       (c) Briefings.--Not later than 180 days after the date of 
     the enactment of this Act, and every 180 days thereafter, the 
     Secretary of State shall brief the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives regarding the progress 
     achieved in advancing the programs required under subsection 
     (a).

     SEC. 1299. CLASSIFIED REPORT ON THE MALICIOUS ACTIVITIES OF 
                   STATE ACTORS IN THE ANDEAN REGION.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, and annually thereafter for 5 
     years, the Secretary of State, acting through the Assistant 
     Secretary of State for the Bureau of Intelligence and 
     Research of the Department of State, and in coordination with 
     the Director of National Intelligence, the Director of the 
     Central Intelligence Agency, and the Director of the Defense 
     Intelligence Agency, shall submit a classified report to the 
     appropriate congressional committees detailing the malicious 
     activities of state actors in the Andean region, including--
       (1) disinformation, misinformation, and all other 
     information operations;
       (2) election interference;
       (3) cyberattacks and aggressions;
       (4) sales or donations of weapons or military equipment;
       (5) security cooperation;
       (6) the direct and indirect supply of technologies, 
     equipment, and weapons to irregular armed actors operating in 
     the Andean region;
       (7) the provision of technologies, equipment, and weapons 
     systems to the regime of Nicolas Maduro in Venezuela and the 
     implications for the security of countries in the Andean 
     region; and
       (8) other threats to United States national interests and 
     national security.
       (b) Establishment of Position.--The Secretary of State 
     shall establish a ``watcher'' position in the Andean region 
     as necessary to fulfill the requirements detailed under 
     subsection (a).
       (c) Annual Briefing Requirement.--Not later than 1 year 
     after the date of the enactment of this Act, and annually 
     thereafter, the official designated for the ``watcher'' 
     position established pursuant to subsection (b) shall brief 
     the appropriate congressional committees on--
       (1) the steps that United States embassies in the Andean 
     region have taken to advance the issues described in 
     subsection (a); and
       (2) the nature and extent of the extra-regional diplomatic, 
     economic, security, defense, and intelligence presence and 
     influence in the Andean region.

     SEC. 1299A. PROTECTING AND COUNTERING ILLICIT ACTIVITIES IN 
                   TROPICAL FORESTS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State and the 
     Administrator of the United States Agency for International 
     Development, in consultation with the Chief of the Forest 
     Service of the Department of Agriculture, shall develop and 
     implement a joint 3-year strategy, in coordination with the 
     Government of Colombia, which shall be known as the 
     ``Strategy for Protecting Colombia's Tropical Forests'' 
     (referred to in this section as the ``strategy''), to protect 
     the biodiversity of Colombia and address deforestation.
       (b) Elements.--The strategy shall describe how the United 
     States will--
       (1) empower and fund local communities, especially 
     Indigenous and Afro-Colombian communities, to manage natural 
     resources, address deforestation and forest degradation, and 
     combat illegal activities causing environmental harm in their 
     communities, including drug-trafficking activities and 
     illegal logging, mining, fishing, and wildlife trade;
       (2) protect social and environmental activists and 
     whistleblowers;
       (3) strengthen community-based prevention mechanisms and 
     support community-led efforts to address illegal activities 
     related to natural resources, including those activities 
     described in paragraph (1);
       (4) advance the development of markets to promote 
     alternatives to activities related to drug trafficking and 
     illegally obtained wood, fish, wildlife, or minerals, as 
     appropriate;
       (5) promote transparency in product sourcing and 
     responsible supply chains;
       (6) prevent, detect, investigate, and prosecute crimes 
     related to natural resources;
       (7) promote partnerships with nongovernmental 
     organizations, international organizations, and the private 
     sector;
       (8) work within the United States interagency process to 
     end the import of illegally or unsustainably sourced 
     wildlife, timber, agricultural commodities, or fish, or 
     illegally sourced gold or other minerals into the United 
     States from Colombia; and
       (9) consult with civil society to address the drivers of 
     deforestation and forest degradation, and promote the 
     conservation of intact forests.
       (c) Regional Diplomatic Coordination.--The United States 
     shall work with the Government of Colombia, and in 
     cooperation with international organizations, to support the 
     development of partnerships among Latin American and 
     Caribbean officials responsible for preventing, 
     investigating, and prosecuting environmental crimes, and in 
     cooperation with the private sector, to protect the region's 
     biodiversity and address deforestation and forest 
     degradation.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of State and the United 
     States Agency for International Development for the 
     development and implementation of the strategy--
       (1) $5,000,000 for fiscal year 2023;
       (2) $7,000,000 for fiscal year 2024; and
       (3) $8,000,000 for fiscal year 2025.
       (e) Briefings.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State and the 
     Administrator of the United States Agency for International 
     Development shall brief the Committee on Foreign Relations of 
     the Senate and the Committee on Foreign Affairs of the House 
     of Representatives on the strategy. Not later than one year 
     after the briefing on the strategy, and annually thereafter, 
     the Secretary of State shall brief the committees on the 
     implementation of the strategy.

     SEC. 1299B. PUBLIC-PRIVATE PARTNERSHIP TO BUILD RESPONSIBLE 
                   GOLD VALUE CHAINS.

       (a) Best Practices.--The Administrator of the United States 
     Agency for International Development, in coordination with 
     the Government of Colombia, shall consult with the Government 
     of Switzerland regarding best practices developed through 
     their public-private partnership, the Swiss Better Gold 
     Initiative, which aims to improve transparency and 
     traceability in the international gold trade.
       (b) In General.--The Administrator of the United States 
     Agency for International Development shall coordinate with 
     the Government of Colombia to establish a public-private 
     partnership to advance the best practices described in 
     subsection (a), including supporting programming in Colombia 
     that will--
       (1) support formalization and compliance with appropriate 
     environmental and labor standards in artisanal and small-
     scale gold mining (ASGM);
       (2) increase access to financing for ASGM miners committed 
     to taking significant steps to formalize their operations and 
     comply with labor and environmental standards;
       (3) enhance the traceability and support the establishment 
     of a certification process for ASGM gold;
       (4) support a public relations campaign to promote 
     responsibly sourced gold;
       (5) facilitate contact between Colombian vendors of 
     responsibly sourced gold and United States companies; and
       (6) promote policies and practices in Colombia that are 
     conducive to the formalization of ASGM and improvement of 
     environmental and labor standards in ASGM.
       (c) Meeting.--The Secretary of State, the Administrator of 
     the United States Agency for International Development, or 
     the President's Special Envoy for Climate Change should, 
     without delegation and in coordination with the Government of 
     Colombia, host a meeting with senior representatives of the 
     private sector and international governmental and 
     nongovernmental partners and make commitments to improve due 
     diligence and increase the responsible sourcing of gold.

               Subtitle D--Addressing Humanitarian Needs

     SEC. 1299E. COLOMBIA RELIEF AND DEVELOPMENT COHERENCE 
                   STRATEGY.

       (a) Strategy Required.--The Secretary of State, in 
     coordination with the Administrator of the United States 
     Agency for International Development, shall develop and 
     implement a strategy, to be known as the ``Colombia Relief 
     and Development Coherence Strategy'', to support Colombia's 
     responses to the separate but related challenges of assisting 
     internally displaced persons, refugees, vulnerable migrants, 
     and people affected by natural disasters. The strategy 
     shall--
       (1) be publicly available in English and Spanish;
       (2) describe concurrent efforts and clarify United States 
     agency responsibilities in Colombia for assisting--
       (A) asylum seekers;
       (B) refugees;
       (C) internally displaced persons; and
       (D) vulnerable migrants;
       (3) include a description of the assistance that shall be 
     provided for the populations described in paragraph (2), 
     including--
       (A) emergency assistance, protection, water, sanitation, 
     hygiene, food, shelter, emergency education, and psychosocial 
     assistance; and
       (B) integration programs in the education, health, 
     livelihoods, shelter, and social protection sectors;
       (4) include a description of the technical assistance and 
     capacity-building efforts to be provided for civil society 
     organizations and relevant institutions in Colombia, such as 
     the Victims Unit of the Government of Colombia and relevant 
     government ministries;
       (5) describe outreach, coordination, and programming with 
     the private sector to support the populations described in 
     paragraph (2); and
       (6) describe how the Department of State and the United 
     States Agency for International Development will mobilize 
     additional donor contributions towards humanitarian appeals.
       (b) Description of Interagency Coordination Efforts.--The 
     strategy developed under subsection (a) shall include a 
     description of how the Department of State will lead 
     interagency coordination efforts in implementing the 
     strategy, including a description of mechanisms to coordinate 
     programming, advocacy, monitoring and evaluation,

[[Page S5354]]

     communications, participation in international fora, and 
     funding announcements.

     SEC. 1299F. ASSESSMENT OF HEALTHCARE INFRASTRUCTURE NEEDS IN 
                   RURAL AREAS.

       (a) Assessment.--The Director of the Centers for Disease 
     Control and Prevention, in coordination with the Department 
     of State, shall conduct an assessment with the Government of 
     Colombia to identify initiatives to strengthen public health 
     infrastructure and increase access to health services in 
     conflict-affected communities in Colombia. The assessment 
     shall include specific recommendations on ways to increase 
     access to healthcare services for survivors of gender-based 
     violence and Afro-Colombian and Indigenous populations.
       (b) Submission.--The Director of the Centers for Disease 
     Control and Prevention shall submit the assessment conducted 
     under subsection (a) to the Committee on Foreign Relations 
     and the Committee on Health, Education, Labor, and Pensions 
     of the Senate and the Committee on Foreign Affairs and the 
     Committee on Energy and Commerce of the House of 
     Representatives.
                                 ______
                                 
  SA 5886. Mrs. FEINSTEIN (for herself, Mr. Kaine, Mr. Van Hollen, Mr. 
Warner, Mr. Padilla, Mr. King, Ms. Warren, Mr. Schatz, and Ms. 
Duckworth) submitted an amendment intended to be proposed to amendment 
SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended 
to be proposed to the bill H.R. 7900, to authorize appropriations for 
fiscal year 2023 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

     SEC. ____. LIMITATIONS ON EXCEPTION OF COMPETITIVE SERVICE 
                   POSITIONS.

       (a) In General.--Notwithstanding section 3302 of title 5, 
     United States Code, no position in the competitive service 
     (as defined in section 2102 of that title) may be excepted 
     from the competitive service unless that position is placed--
       (1) in any of schedules A through E, as described in 
     section 6.2 of title 5, Code of Federal Regulations, as in 
     effect on September 30, 2020; and
       (2) under the terms and conditions under part 6 of title 5, 
     Code of Federal Regulations, as in effect on September 30, 
     2020.
       (b) Subsequent Transfers.--Notwithstanding section 3302 of 
     title 5, United States Code, no position in the excepted 
     service (as defined in section 2103 of that title) may be 
     placed in any schedule other than a schedule described in 
     subsection (a)(1).
                                 ______
                                 
  SA 5887. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1077. EXONERATION AND LIMITATION OF LIABILITY FOR SMALL 
                   PASSENGERS VESSELS.

       (a) Restructuring.--Chapter 305 of title 46, United States 
     Code, is amended--
       (1) by inserting the following before section 30501:

                 ``Subchapter I--General Provisions'';

       (2) by inserting the following before section 30503:

 ``Subchapter II--Exoneration and Limitation of Liability Generally'';

     and
       (3) by redesignating sections 30503 through 30512 as 
     sections 30521 through 30530, respectively.
       (b) Definitions.--Section 30501 of title 46, United States 
     Code, is amended to read as follows:

     ``Sec. 30501. Definitions

       ``In this chapter--
       ``(1) the term `owner' includes a charterer that mans, 
     supplies, and navigates a vessel at the charterer's own 
     expense or by the charterer's own procurement; and
       ``(2) the term `covered small passenger vessel'--
       ``(A) means a small passenger vessel, as defined in section 
     2101 of this title, that--
       ``(i) is less than 100 gross tons as measured under section 
     14502 of this title, or an alternate tonnage measured under 
     section 14302 of this title as prescribed by the Secretary 
     under section 14104 of this title; and
       ``(ii) is carrying--

       ``(I) for overnight domestic voyages, not more 49 
     passengers; and
       ``(II) for all other voyages, not more than 150 passengers; 
     and

       ``(B) includes any wooden vessel constructed prior to March 
     11, 1996, that carries passengers on overnight domestic 
     voyages.''.
       (c) Applicability.--
       (1) In general.--Section 30502 of title 46, United States 
     Code, is amended to read as follows:

     ``Sec. 30502. Application

       ``(a) In General.--Except as otherwise provided and subject 
     to subsection (b)--
       ``(1) subchapter II (except section 30521) of this title 
     shall apply to seagoing vessels and vessels used on lakes or 
     rivers or in inland navigation, including canal boats, 
     barges, and lighters that are not covered small passenger 
     vessels; and
       ``(2) subchapter III of this title shall apply to seagoing 
     vessels, and vessels used on lakes or rivers or in inland 
     navigation, including canal boats, barges, and lighters, that 
     are covered small passenger vessels.
       ``(b) Declaration of Nature and Value of Goods.--Section 
     30521 of this title shall not apply to vessels described in 
     subsection (a) of this section.''.
       (d) Rules for Small Passenger Vessels.--Chapter 305 of 
     title 46, United States Code, is amended by adding at the end 
     the following:

 ``Subchapter III--Exoneration and Limitation of Liability for Covered 
                        Small Passenger Vessels

     ``Sec. 30541. Exoneration and limitation of liability 
       provisions

       ``(a) In General.--By not later than 180 days after the 
     date of enactment of the James M. Inhofe National Defense 
     Authorization Act for Fiscal Year 2023, the Commandant shall 
     promulgate rules relating to exoneration and limitation of 
     liability for all covered small passenger vessels that--
       ``(1) provide just compensation in any claim for which the 
     owner or operator of a covered small passenger vessel is 
     found liable; and
       ``(2) comply with the requirements of subsection (b) of 
     this section.
       ``(b) Requirements.--
       ``(1) Privity or knowledge.--In a claim for personal injury 
     or death to which this subchapter applies, the privity or 
     knowledge of the master or the owner's superintendent or 
     managing agent, at or before the beginning of each voyage, is 
     imputed to the owner.
       ``(2) Apportionment of losses.--The requirements of section 
     30525 of this title shall apply to a covered small passenger 
     vessel in the same manner as such section applies to a vessel 
     described in section 30502(a)(1).
       ``(3) Timing considerations.--The requirements of 
     subsections (b) through (d) of section 30526 of this title 
     shall apply to a covered small passenger vessel in the same 
     manner as the requirements apply to a vessel subject to such 
     section.
       ``(c) Applicability.--The rules promulgated under 
     subsection (a) shall take effect as if promulgated on the 
     effective date under section 1077(g)(1) of the James M. 
     Inhofe National Defense Authorization Act for Fiscal Year 
     2023.''.
       (e) Tables of Subchapters and Tables of Sections.--The 
     table of sections for chapter 305 of title 46, United States 
     Code, is amended--
       (1) by inserting before section 30501 the following:

                 ``subchapter i--general provisions'';

       (2) by inserting after section 30502 the following:

      ``subchapter ii--exoneration and limitation of liability'';

       (3) by redesignating the items relating to sections 30503 
     through 30512 as items relating to sections 30521 through 
     30530, respectively; and
       (4) by adding at the end the following:

 ``subchapter iii--exoneration and limitation of liability for covered 
                        small passenger vessels

``Sec. 30541. Exoneration and limitation of liability provisions.''.
       (f) Conforming Amendments.--Title 46, United States Code, 
     is further amended--
       (1) in section 14305(a)(5), by striking ``section 30506'' 
     and inserting ``section 30524'';
       (2) in section 30523(a), as redesignated by subsection (a) 
     of this section, by striking ``section 30506'' and inserting 
     ``section 30524'';
       (3) in section 30524(b), as redesignated by subsection (a) 
     of this section, by striking ``section 30505'' and inserting 
     ``section 30523''; and
       (4) in section 30525--
       (A) by striking ``section 30505'' and ``section 30523'';
       (B) by striking ``section 30506'' and inserting ``section 
     30524''; and
       (C) by striking ``section 30506(b)'' and inserting 
     ``section 30524(b)''.
       (g) Effective Date; Severability.--
       (1) Effective date.--This section, and the amendments made 
     by this section, shall take effect as if enacted into law on 
     September 2, 2019.
       (2) Severability.--If any provision of this section or an 
     amendment made by this section, or any application of such 
     provision to any person or circumstance, is held to be 
     unconstitutional, the remainder of this section, the 
     amendments made by this section, and the application of this 
     section and the amendments made by this section to any other 
     person or circumstance shall not be affected.
                                 ______
                                 
  SA 5888. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill

[[Page S5355]]

H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 875. REVIEW OF INCLUSION OF GREEN OLIVES AND RELATED 
                   OLIVE-BASED PRODUCTS ON LISTS OF NONAVAILABLE 
                   ARTICLES.

       (a) In General.--Not later than 120 days 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 including findings of a review 
     assessing whether green olives and related olive-based 
     products should be included on lists of nonavailable articles 
     under section 25.104 of title 48, Code of Federal 
     Regulations.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) An assessment whether green olives and related olive-
     based products should be included on lists of nonavailable 
     articles.
       (2) A description of the process by which nonavailability 
     determinations were made and the sources used to conduct 
     market research.
       (3) An assessment of the total Department of Defense demand 
     for green olives and olive-based products.
       (4) All relevant public comments received in connection 
     with the most recent determination related to green olives 
     and olive-based products.
                                 ______
                                 
  SA 5889. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. CLARIFYING ELIGIBLE GRANTEES FOR VAWA GRANTS.

       Section 2101(c)(1)(G) of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (34 U.S.C. 
     10461(c)(1)(G)) is amended by striking ``that'' and inserting 
     ``whether''.
                                 ______
                                 
  SA 5890. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

                    TITLE __--DRIFTNET MODERNIZATION

     SEC. __. SHORT TITLE.

       This title may be cited as the ``Driftnet Modernization and 
     Bycatch Reduction Act''.

     SEC. __. DEFINITION.

       Section 3(25) of the Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1802(25)) is amended by 
     inserting ``, or with a mesh size of 14 inches or greater,'' 
     after ``more''.

     SEC. __. FINDINGS AND POLICY.

       (a) Findings.--Section 206(b) of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1826(b)) 
     is amended--
       (1) in paragraph (6), by striking ``and'' at the end;
       (2) in paragraph (7), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(8) within the exclusive economic zone, large-scale 
     driftnet fishing that deploys nets with large mesh sizes 
     causes significant entanglement and mortality of living 
     marine resources, including myriad protected species, despite 
     limitations on the lengths of such nets.''.
       (b) Policy.--Section 206(c) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1826(c)) is 
     amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(4) prioritize the phase out of large-scale driftnet 
     fishing in the exclusive economic zone and promote the 
     development and adoption of alternative fishing methods and 
     gear types that minimize the incidental catch of living 
     marine resources.''.

     SEC. __. TRANSITION PROGRAM.

       Section 206 of the Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1826) is amended by adding at 
     the end the following--
       ``(i) Fishing Gear Transition Program.--
       ``(1) In general.--During the 5-year period beginning on 
     the date of enactment of the Driftnet Modernization and 
     Bycatch Reduction Act, the Secretary shall conduct a 
     transition program to facilitate the phase-out of large-scale 
     driftnet fishing and adoption of alternative fishing 
     practices that minimize the incidental catch of living marine 
     resources, and shall award grants to eligible permit holders 
     who participate in the program.
       ``(2) Permissible uses.--Any permit holder receiving a 
     grant under paragraph (1) may use such funds only for the 
     purpose of covering--
       ``(A) any fee originally associated with a permit 
     authorizing participation in a large-scale driftnet fishery, 
     if such permit is surrendered for permanent revocation, and 
     such permit holder relinquishes any claim associated with the 
     permit;
       ``(B) a forfeiture of fishing gear associated with a permit 
     described in subparagraph (A); or
       ``(C) the purchase of alternative gear with minimal 
     incidental catch of living marine resources, if the fishery 
     participant is authorized to continue fishing using such 
     alternative gears.
       ``(3) Certification.--The Secretary shall certify that, 
     with respect to each participant in the program under this 
     subsection, any permit authorizing participation in a large-
     scale driftnet fishery has been permanently revoked and that 
     no new permits will be issued to authorize such fishing.''.

     SEC. __. EXCEPTION.

       Section 307(1)(M) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1857(1)(M)) is 
     amended by inserting before the semicolon the following: ``, 
     unless such large-scale driftnet fishing--
       ``(i) deploys, within the exclusive economic zone, a net 
     with a total length of less than two and one-half kilometers 
     and a mesh size of 14 inches or greater; and
       ``(ii) is conducted within 5 years of the date of enactment 
     of the Driftnet Modernization and Bycatch Reduction Act''.

     SEC. __. FEES.

       (a) In General.--The North Pacific Fishery Management 
     Council may recommend, and the Secretary of Commerce may 
     approve, regulations necessary for the collection of fees 
     from charter vessel operators who guide recreational anglers 
     who harvest Pacific halibut in International Pacific Halibut 
     Commission regulatory areas 2C and 3A as those terms are 
     defined in part 300 of title 50, Code of Federal Regulations 
     (or any successor regulations).
       (b) Use of Fees.--Any fees collected under this section 
     shall be available for the purposes of--
       (1) financing administrative costs of the Recreational 
     Quota Entity program;
       (2) the purchase of halibut quota shares in International 
     Pacific Halibut Commission regulatory areas 2C and 3A by the 
     recreational quota entity authorized in part 679 of title 50, 
     Code of Federal Regulations (or any successor regulations);
       (3) halibut conservation and research; and
       (4) promotion of the halibut resource by the recreational 
     quota entity authorized in part 679 of title 50, Code of 
     Federal Regulations (or any successor regulations).
       (c) Limitation on Collection and Availability.--Fees shall 
     be collected and available pursuant to this section only to 
     the extent and in such amounts as provided in advance in 
     appropriations Acts, subject to subsection (d).
       (d) Fee Collected During Start-up Period.--Notwithstanding 
     subsection (c), fees may be collected through the date of 
     enactment of an Act making appropriations for the activities 
     authorized under this title through September 30, 2023, and 
     shall be available for obligation and remain available until 
     expended.
                                 ______
                                 
  SA 5891. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 38___. PROHIBITED USES OF ACQUIRED, DONATED, AND 
                   CONSERVATION LAND.

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

[[Page S5356]]

  

                                 ______
                                 
  SA 5892. Mrs. FEINSTEIN (for herself and Mr. Padilla) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10__. MANAGEMENT OF INTERNATIONAL TRANSBOUNDARY WATER 
                   POLLUTION.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Commission.--The term ``Commission'' means the United 
     States section of the International Boundary and Water 
     Commission.
       (3) Covered funds.--The term ``covered funds'' means--
       (A) amounts made available to the Administrator under the 
     heading ``State and Tribal Assistance Grants'' under the 
     heading ``ENVIRONMENTAL PROTECTION AGENCY'' under title IX of 
     the United States-Mexico-Canada Agreement Implementation Act 
     (Public Law 116-113; 134 Stat. 100); and
       (B) any other relevant funds, as determined by the 
     Administrator.
       (4) Treatment works.--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).
       (5) United states-mexico border region.--The term ``United 
     States-Mexico border region'' means any area in the United 
     States that is located within 100 kilometers of the United 
     States-Mexico border.
       (b) Transfer of Funds.--
       (1) In general.--The Administrator may, with the 
     concurrence of the Commission, transfer covered funds to the 
     Commission to support the construction of treatment works 
     that are owned and operated by the Commission.
       (2) Method of transfer.--The Administrator may transfer 
     funds under paragraph (1) by--
       (A) entering into an interagency agreement with the 
     Commission; or
       (B) awarding a grant to the Commission.
       (c) Use of Funds.--The Commission may use funds received 
     under this section--
       (1) to plan, study, design, and construct treatment works 
     that--
       (A) protect residents in the United States-Mexico border 
     region from pollution resulting from--
       (i) transboundary flows of wastewater, stormwater, or other 
     international transboundary water flows originating in 
     Mexico; and
       (ii) any inadequacies or breakdowns of treatment works in 
     Mexico; and
       (B) provide treatment of the flows and pollution described 
     in subparagraph (A) in compliance with local, State, and 
     Federal law;
       (2) to carry out activities related to the projects and 
     activities described in paragraph (1), including construction 
     management; and
       (3) for the administrative costs of carrying out this 
     section.
       (d) Operation and Maintenance.--Subject to the availability 
     of appropriations, the Commission shall operate and maintain 
     any new treatment works constructed using funds received 
     under this section.
       (e) Consultation and Coordination.--The Commission shall 
     consult and coordinate with the Administrator in carrying out 
     any project or activity using funds received under this 
     section.
       (f) Applicability of Other Requirements.--Sections 513 and 
     608 of the Federal Water Pollution Control Act (33 U.S.C. 
     1372, 1388) shall apply to the construction of any treatment 
     works in the United States using funds received by the 
     Commission under this section.
       (g) Savings Provision.--Nothing in this section modifies, 
     amends, repeals, or otherwise limits the authority of the 
     International Boundary and Water Commission under--
       (1) the treaty relating to the utilization of the waters of 
     the Colorado and Tijuana Rivers, and of the Rio Grande (Rio 
     Bravo) from Fort Quitman, Texas, to the Gulf of Mexico, and 
     supplementary protocol, signed at Washington February 3, 1944 
     (59 Stat. 1219), between the United States and Mexico; or
       (2) any other applicable treaty.
                                 ______
                                 
  SA 5893. Mrs. FEINSTEIN (for herself and Mr. Padilla) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 107_. SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA 
                   BOUNDARY ADJUSTMENT.

       (a) Boundary Adjustment.--Section 507(c) of the National 
     Parks and Recreation Act of 1978 (16 U.S.C. 460kk(c)) is 
     amended by striking paragraph (1) and inserting the 
     following:
       ``(1) Boundary.--
       ``(A) In general.--The recreation area shall consist of--
       ``(i) the land, water, and interests in land and water 
     generally depicted as the recreation area on the map entitled 
     `Santa Monica Mountains National Recreation Area and Santa 
     Monica Mountains Zone, California, Boundary Map', numbered 
     80,047-C, and dated August 2001; and
       ``(ii) the land, water, and interests in land and water 
     generally depicted as `Proposed Addition' on the map entitled 
     `Rim of the Valley Unit--Santa Monica Mountains National 
     Recreation Area', numbered 638/179670C, and dated July 12, 
     2022.
       ``(B) Availability of maps.--The maps described in 
     subparagraph (A) shall be on file and available for public 
     inspection in the appropriate offices of the National Park 
     Service.
       ``(C) Revisions.--After advising the Committee on Energy 
     and Natural Resources of the Senate and the Committee on 
     Natural Resources of the House of Representatives, in 
     writing, of the proposed revision, the Secretary may make 
     minor revisions to the boundaries of the recreation area by 
     publication of a revised drawing or other boundary 
     description in the Federal Register.''.
       (b) Administration.--Any land or interest in land acquired 
     by the Secretary of the Interior within the Rim of the Valley 
     Unit shall be administered as part of the Santa Monica 
     Mountains National Recreation Area (referred to in this 
     section as the ``National Recreation Area'') in accordance 
     with the laws (including regulations) applicable to the 
     National Recreation Area.
       (c) Utilities and Water Resource Facilities.--The addition 
     of the Rim of the Valley Unit to the National Recreation Area 
     shall not affect the operation, maintenance, or modification 
     of water resource facilities or public utilities within the 
     Rim of the Valley Unit, except that any utility or water 
     resource facility activities in the Rim of the Valley Unit 
     shall be conducted in a manner that reasonably avoids or 
     reduces the impact of the activities on resources of the Rim 
     of the Valley Unit.
                                 ______
                                 
  SA 5894. Mr. MERKLEY (for himself, Mr. Wyden, Mrs. Feinstein, and Mr. 
Padilla) submitted an amendment intended to be proposed to amendment SA 
5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to 
be proposed to the bill H.R. 7900, to authorize appropriations for 
fiscal year 2023 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1077. SMITH NATIONAL RECREATION AREA EXPANSION; 
                   EXPANSION OF CERTAIN COMPONENTS OF THE NATIONAL 
                   WILD AND SCENIC RIVERS SYSTEM.

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

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

       ``(I) The Kalmiopsis Wilderness shall be managed in 
     accordance with the Wilderness Act (16 U.S.C. 1131 et 
     seq.).'';
       (B) in subsection (c), by striking ``by the amendments made 
     by section 10(b) of this Act'' and inserting ``within the 
     recreation area''; and

[[Page S5357]]

       (C) by adding at the end the following:
       ``(d) Study; Report.--
       ``(1) In general.--Not later than 5 years after the date of 
     enactment of this subsection, the Secretary shall conduct a 
     study of the area depicted on the map entitled `Proposed 
     Additions to the Smith River National Recreation Area' and 
     dated November 14, 2019, that includes inventories and 
     assessments of streams, fens, wetlands, lakes, other water 
     features, and associated land, plants (including Port-Orford-
     cedar), animals, fungi, algae, and other values, and unstable 
     and potentially unstable aquatic habitat areas in the study 
     area.
       ``(2) Modification of management plans; report.--On 
     completion of the study under paragraph (1), the Secretary 
     shall--
       ``(A) modify any applicable management plan to fully 
     protect the inventoried values under the study, including to 
     implement additional standards and guidelines; and
       ``(B) submit to Congress a report describing the results of 
     the study.'';
       ``(e) Wildfire Management.--Nothing in this Act affects the 
     authority of the Secretary (in cooperation with other 
     Federal, State, and local agencies, as appropriate) to 
     conduct wildland fire operations within the recreation area, 
     consistent with the purposes of this Act.
       ``(f) Vegetation Management.--Nothing in this Act prohibits 
     the Secretary from conducting vegetation management projects 
     (including wildfire resiliency and forest health projects) 
     within the recreation area, to the extent consistent with the 
     purposes of the recreation area.
       ``(g) Application of Northwest Forest Plan and Roadless 
     Rule to Certain Portions of the Recreation Area.--Nothing in 
     this Act affects the application of the Northwest Forest Plan 
     or part 294 of title 36, Code of Federal Regulations 
     (commonly referred to as the `Roadless Rule') (as in effect 
     on the date of enactment of this subsection), to portions of 
     the recreation area in the State of Oregon that are subject 
     to the plan and those regulations as of the date of enactment 
     of this subsection.
       ``(h) Protection of Tribal Rights.--
       ``(1) In general.--Nothing in this Act diminishes any right 
     of an Indian Tribe.
       ``(2) Memorandum of understanding.--The Secretary shall 
     seek to enter into a memorandum of understanding with 
     applicable Indian Tribes with respect to--
       ``(A) providing the Indian Tribes with access to the 
     portions of the recreation area in the State of Oregon to 
     conduct historical and cultural activities, including the 
     procurement of noncommercial forest products and materials 
     for traditional and cultural purposes; and
       ``(B) the development of interpretive information to be 
     provided to the public on the history of the Indian Tribes 
     and the use of the recreation area by the Indian Tribes.''.
       (4) Acquisition.--Section 6(a) of the Smith River National 
     Recreation Area Act (16 U.S.C. 460bbb-4(a)) is amended--
       (A) in the fourth sentence, by striking ``All lands'' and 
     inserting the following:
       ``(4) Applicable law.--All land'';
       (B) in the third sentence--
       (i) by striking ``The Secretary'' and inserting the 
     following:
       ``(3) Method of acquisition.--The Secretary'';
       (ii) by striking ``or any of its political subdivisions'' 
     and inserting ``, the State of Oregon, or any political 
     subdivision of the State of California or the State of 
     Oregon''; and
       (iii) by striking ``donation or'' and inserting ``purchase, 
     donation, or'';
       (C) in the second sentence, by striking ``In exercising'' 
     and inserting the following:
       ``(2) Consideration of offers by secretary.--In 
     exercising'';
       (D) in the first sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(1) In general.--The Secretary''; and
       (E) by adding at the end the following:
       ``(5) Acquisition of cedar creek parcel.--On the adoption 
     of a resolution by the State Land Board of Oregon and subject 
     to available funding, the Secretary shall acquire all right, 
     title, and interest in and to the approximately 555 acres of 
     land known as the `Cedar Creek Parcel' located in sec. 16, T. 
     41 S., R. 11 W., Willamette Meridian.''.
       (5) Fish and game.--Section 7 of the Smith River National 
     Recreation Area Act (16 U.S.C. 460bbb-5) is amended--
       (A) in the first sentence, by inserting ``or the State of 
     Oregon'' after ``State of California''; and
       (B) in the second sentence, by inserting ``or the State of 
     Oregon, as applicable'' after ``State of California''.
       (6) Management planning.--Section 9 of the Smith River 
     National Recreation Area Act (16 U.S.C. 460bbb-7) is 
     amended--
       (A) in the first sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(a) Revision of Management Plan.--The Secretary''; and
       (B) by adding at the end the following:
       ``(b) Smith River National Recreation Area Management Plan 
     Revision.--As soon as practicable after the date of the first 
     revision of the forest plan after the date of enactment of 
     this subsection, the Secretary shall revise the management 
     plan for the recreation area--
       ``(1) to reflect the expansion of the recreation area into 
     the State of Oregon under the James M. Inhofe National 
     Defense Authorization Act for Fiscal Year 2023; and
       ``(2) to include an updated recreation action schedule to 
     identify specific use and development plans for the areas 
     described in the map entitled `Proposed Additions to the 
     Smith River National Recreation Area' and dated November 14, 
     2019.''.
       (7) Streamside protection zones.--Section 11(b) of the 
     Smith River National Recreation Area Act (16 U.S.C. 460bbb-
     8(b)) is amended by adding at the end the following:
       ``(24) Each of the river segments described in subparagraph 
     (B) of section 3(a)(92) of the Wild and Scenic Rivers Act (16 
     U.S.C. 1274(a)(92)).''.
       (8) State and local jurisdiction and assistance.--Section 
     12 of the Smith River National Recreation Area Act (16 U.S.C. 
     460bbb-9) is amended--
       (A) in subsection (a), by striking ``California or any 
     political subdivision thereof'' and inserting ``California, 
     the State of Oregon, or a political subdivision of the State 
     of California or the State of Oregon'';
       (B) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``California or its political subdivisions'' 
     and inserting ``California, the State of Oregon, or a 
     political subdivision of the State of California or the State 
     of Oregon''; and
       (C) in subsection (c), in the first sentence--
       (i) by striking ``California and its political 
     subdivisions'' and inserting ``California, the State of 
     Oregon, and any political subdivision of the State of 
     California or the State of Oregon''; and
       (ii) by striking ``State and its political subdivisions'' 
     and inserting ``State of California, the State of Oregon, and 
     any political subdivision of the State of California or the 
     State of Oregon''.
       (b) Wild and Scenic River Designations.--
       (1) North fork smith additions, oregon.--
       (A) Finding.--Congress finds that the source tributaries of 
     the North Fork Smith River in the State of Oregon possess 
     outstandingly remarkable wild anadromous fish and 
     prehistoric, cultural, botanical, recreational, and water 
     quality values.
       (B) Designation.--Section 3(a)(92) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1274(a)(92)) is amended--
       (i) in subparagraph (B), by striking ``scenic'' and 
     inserting ``wild'';
       (ii) by redesignating subparagraphs (A) through (C) as 
     clauses (i) through (iii), respectively, and indenting 
     appropriately;
       (iii) in the matter preceding clause (i) (as so 
     redesignated), by striking ``The 13-mile'' and inserting the 
     following:
       ``(A) In general.--The 13-mile''; and
       (iv) by adding at the end the following:
       ``(B) Additions.--The following segments of the source 
     tributaries of the North Fork Smith River, to be administered 
     by the Secretary of Agriculture in the following classes:
       ``(i) The 13.26-mile segment of Baldface Creek from its 
     headwaters, including all perennial tributaries, to the 
     confluence with the North Fork Smith in T. 39 S., R 10 W., T. 
     40 S., R. 10 W., and T. 41 S., R. 11 W., Willamette Meridian, 
     as a wild river.
       ``(ii) The 3.58-mile segment from the headwaters of Taylor 
     Creek to the confluence with Baldface Creek, as a wild river.
       ``(iii) The 4.38-mile segment from the headwaters of the 
     unnamed tributary to Biscuit Creek and the headwaters of 
     Biscuit Creek to the confluence with Baldface Creek, as a 
     wild river.
       ``(iv) The 2.27-mile segment from the headwaters of Spokane 
     Creek to the confluence with Baldface Creek, as a wild river.
       ``(v) The 1.25-mile segment from the headwaters of Rock 
     Creek to the confluence with Baldface Creek, flowing south 
     from sec. 19, T. 40 S., R. 10 W., Willamette Meridian, as a 
     wild river.
       ``(vi) The 1.31-mile segment from the headwaters of the 
     unnamed tributary number 2 to the confluence with Baldface 
     Creek, flowing north from sec. 27, T. 40 S., R. 10 W., 
     Willamette Meridian, as a wild river.
       ``(vii) The 3.6-mile segment from the 2 headwaters of the 
     unnamed tributary number 3 to the confluence with Baldface 
     Creek, flowing south from secs. 9 and 10, T. 40 S., R. 10 W., 
     Willamette Meridian, as a wild river.
       ``(viii) The 1.57-mile segment from the headwaters of the 
     unnamed tributary number 4 to the confluence with Baldface 
     Creek, flowing north from sec. 26, T. 40 S., R. 10 W., 
     Willamette Meridian, as a wild river.
       ``(ix) The 0.92-mile segment from the headwaters of the 
     unnamed tributary number 5 to the confluence with Baldface 
     Creek, flowing north from sec. 13, T. 40 S., R. 10 W., 
     Willamette Meridian, as a wild river.
       ``(x) The 4.90-mile segment from the headwaters of Cedar 
     Creek to the confluence with North Fork Smith River, as a 
     wild river.
       ``(xi) The 2.38-mile segment from the headwaters of 
     Packsaddle Gulch to the confluence with North Fork Smith 
     River, as a wild river.
       ``(xii) The 2.4-mile segment from the headwaters of 
     Hardtack Creek to the confluence with North Fork Smith River, 
     as a wild river.
       ``(xiii) The 2.21-mile segment from the headwaters of the 
     unnamed creek to the confluence with North Fork Smith River, 
     flowing east from sec. 29, T. 40 S., R. 11 W., Willamette 
     Meridian, as a wild river.
       ``(xiv) The 3.06-mile segment from the headwaters of Horse 
     Creek to the confluence with North Fork Smith River, as a 
     wild river.
       ``(xv) The 2.61-mile segment of Fall Creek from the Oregon 
     State border to the confluence with North Fork Smith River, 
     as a wild river.

[[Page S5358]]

       ``(xvi)(I) Except as provided in subclause (II), the 4.57-
     mile segment from the headwaters of North Fork Diamond Creek 
     to the confluence with Diamond Creek, as a wild river.
       ``(II) Notwithstanding subclause (I), the portion of the 
     segment described in that subclause that starts 100 feet 
     above Forest Service Road 4402 and ends 100 feet below Forest 
     Service Road 4402 shall be administered as a scenic river.
       ``(xvii) The 1.02-mile segment from the headwaters of 
     Diamond Creek to the Oregon State border in sec. 14, T. 40 
     S., R. 10 W., Willamette Meridian, as a wild river.
       ``(xviii) The 1.14-mile segment from the headwaters of 
     Acorn Creek to the confluence with Horse Creek, as a wild 
     river.
       ``(xix) The 8.58-mile segment from the headwaters of Chrome 
     Creek to the confluence with North Fork Smith River, as a 
     wild river.
       ``(xx) The 2.98-mile segment from the headwaters Chrome 
     Creek tributary number 1 to the confluence with Chrome Creek, 
     0.82 miles upstream from the mouth of Chrome Creek in the 
     Kalmiopsis Wilderness, flowing south from sec. 15, T. 40 S., 
     R. 11 W., Willamette Meridian, as a wild river.
       ``(xxi) The 2.19-mile segment from the headwaters of Chrome 
     Creek tributary number 2 to the confluence with Chrome Creek, 
     3.33 miles upstream from the mouth of Chrome Creek in the 
     Kalmiopsis Wilderness, flowing south from sec. 12, T. 40 S., 
     R. 11 W., Willamette Meridian, as a wild river.
       ``(xxii) The 1.27-mile segment from the headwaters of 
     Chrome Creek tributary number 3 to the confluence with Chrome 
     Creek, 4.28 miles upstream from the mouth of Chrome Creek in 
     the Kalmiopsis Wilderness, flowing north from sec. 18, T. 40 
     S., R. 10 W., Willamette Meridian, as a wild river.
       ``(xxiii) The 2.27-mile segment from the headwaters of 
     Chrome Creek tributary number 4 to the confluence with Chrome 
     Creek, 6.13 miles upstream from the mouth of Chrome Creek, 
     flowing south from Chetco Peak in the Kalmiopsis Wilderness 
     in sec. 36, T. 39 S., R. 11 W., Willamette Meridian, as a 
     wild river.
       ``(xxiv) The 0.6-mile segment from the headwaters of Wimer 
     Creek to the border between the States of Oregon and 
     California, flowing south from sec. 17, T. 41 S., R. 10 W., 
     Willamette Meridian, as a wild river.''.
       (2) Expansion of smith river, oregon.--Section 3(a) of the 
     Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by 
     striking paragraph (111) and inserting the following:
       ``(111) Smith river, california and oregon.--The segment 
     from the confluence of the Middle Fork Smith River and the 
     North Fork Smith River to the Six Rivers National Forest 
     boundary, including the following segments of the mainstem 
     and certain tributaries, to be administered by the Secretary 
     of Agriculture in the following classes:
       ``(A) Mainstem.--The segment from the confluence of the 
     Middle Fork Smith River and the South Fork Smith River to the 
     Six Rivers National Forest boundary, as a recreational river.
       ``(B) Rowdy creek.--
       ``(i) Upper.--The segment from and including the headwaters 
     to the California-Oregon State line, as a wild river.
       ``(ii) Lower.--The segment from the California-Oregon State 
     line to the Six Rivers National Forest boundary, as a 
     recreational river.''.
                                 ______
                                 
  SA 5895. Mr. HEINRICH submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 322. POLICY TO INCREASE DISPOSITION OF SPENT ADVANCED 
                   BATTERIES THROUGH RECYCLING.

       (a) Policy Required.--Not later than one year after the 
     date of the enactment of this Act, the Assistant Secretary of 
     Defense for Energy, Installations, and Environment, in 
     coordination with the Director of the Defense Logistics 
     Agency, shall establish a policy to increase the disposition 
     of spent advanced batteries of the Department of Defense 
     through recycling (including by updating the Department of 
     Defense Manual 4160.21, titled ``Defense Material 
     Disposition: Disposal Guidance and Procedures'', or such 
     successor document, accordingly), for the purpose of 
     supporting the reclamation and return of precious metals, 
     rare earth metals, and elements of strategic importance (such 
     as cobalt and lithium) into the supply chain or strategic 
     reserves of the United States.
       (b) Considerations.--In developing the policy under 
     subsection (a), the Assistant Secretary shall consider, at a 
     minimum, the following recycling methods:
       (1) Pyroprocessing.
       (2) Hydroprocessing.
       (3) Direct cathode recycling, relithiation, and upcycling.
                                 ______
                                 
  SA 5896. Mr. HEINRICH (for himself, Mr. Ossoff, and Ms. Cortez Masto) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for fiscal 
year 2023 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

     SEC. __. HUMAN TRAFFICKING TRAINING.

       (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 
     inserting after section 884 (6 U.S.C. 464) the following:

     ``SEC. 884A. HUMAN TRAFFICKING TRAINING.

       ``(a) 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).
       ``(b) Establishment.--The Director of the Federal Law 
     Enforcement Training Centers is authorized, in accordance 
     with this section, to establish a human trafficking awareness 
     training program within the Federal Law Enforcement Training 
     Centers.
       ``(c) Training Purposes.--The human trafficking awareness 
     training program referred to in subsection (b), 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.
       ``(d) Integration With Existing Programs.--To the extent 
     practicable, human trafficking awareness training under this 
     section, including principles and learning objectives, should 
     be integrated into other training programs operated by the 
     Federal Law Enforcement Training Centers.
       ``(e) Coordination.--The Director of the Federal Law 
     Enforcement Training Centers, or a designee of such Director, 
     shall coordinate with the Director of the Blue Campaign of 
     the Department, or the designee of such Director, in the 
     development and delivery of human trafficking awareness 
     training programs under this section.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated $2,300,000 for each of fiscal years 2023 
     through 2028 to carry out this section.''.
       (b) Technical Amendment.--Section 434(a) of the Homeland 
     Security Act of 2002 (6 U.S.C. 242(a)) 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 (Public Law 107-
     296; 116 Stat. 2135) is amended by inserting after the item 
     relating to section 884 the following:

``Sec. 884A. Human trafficking training.''.
                                 ______
                                 
  SA 5897. Mr. HEINRICH submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1077. CONSENT OF CONGRESS TO AMENDMENT TO THE 
                   CONSTITUTION OF THE STATE OF NEW MEXICO.

       Congress consents to the amendment to the Constitution of 
     the State of New Mexico proposed by House Joint Resolution 1 
     of the 55th Legislature of the State of New Mexico, First 
     Session, 2021, entitled ``A Joint Resolution Proposing an 
     Amendment to Article 12, Section 7 of the Constitution of New 
     Mexico to Provide for Additional Annual Distributions of the 
     Permanent School Fund for Enhanced Instruction for Students 
     at Risk of Failure, Extending the School Year, Teacher 
     Compensation and Early Childhood Education; Requiring 
     Congressional Approval for Distributions for Early Childhood 
     Education''.
                                 ______
                                 
  SA 5898. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R.

[[Page S5359]]

7900, to authorize appropriations for fiscal year 2023 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1214. INTERNATIONAL MILITARY EDUCATION AND TRAINING 
                   COOPERATION WITH UKRAINE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) International Military Education and Training (IMET) is 
     a critical component of United States security assistance 
     that facilitates training of international forces and 
     strengthens cooperation and ties between the United States 
     and foreign countries;
       (2) it is in the national interest of the United States to 
     further strengthen the armed forces of Ukraine, particularly 
     to enhance their defensive capability and improve 
     interoperability for joint operations; and
       (3) the Government of Ukraine should fully utilize the 
     United States IMET program, encourage eligible officers and 
     civilian leaders to participate in the training, and promote 
     successful graduates to positions of prominence in the armed 
     forces of Ukraine.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Department of State $3,500,000 for 
     each of fiscal years 2023, 2024, and 2025 for International 
     Military Education and Training assistance for Ukraine. The 
     assistance shall be made available for the following 
     purposes:
       (1) Training of future leaders.
       (2) Establishing a rapport between the United States Armed 
     Forces and the armed forces of Ukraine to build partnerships 
     for the future.
       (3) Enhancement of interoperability and capabilities for 
     joint operations.
       (4) Focusing on professional military education, civilian 
     control of the military, and human rights.
       (5) Fostering a better understanding of the United States.
       (c) Notice to Congress.--Not later than 15 days before 
     providing assistance or support pursuant to subsection (a), 
     the Secretary of State shall submit to the appropriate 
     congressional committees, the Committee on Appropriations of 
     the Senate, and the Committee on Appropriations of the House 
     of Representatives a notification containing the following 
     elements:
       (1) A detailed description of the assistance or support to 
     be provided, including--
       (A) the objectives of such assistance or support;
       (B) the budget for such assistance or support; and
       (C) the expected or estimated timeline for delivery of such 
     assistance or support.
       (2) A description of such other matters as the Secretary 
     considers appropriate.
       (d) Strategy Required.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the appropriate congressional committees a strategy 
     for the implementation of the International Military 
     Education and Training program in Ukraine authorized under 
     subsection (b).
       (2) Elements.--The strategy required under paragraph (1) 
     shall include the following elements:
       (A) A clear plan, developed in close consultation with the 
     Ukrainian Ministry of Defense and the armed forces of 
     Ukraine, for how the IMET program will be used by the United 
     States Government and the Government of Ukraine to propel 
     program graduates to positions of prominence in support of 
     the reform efforts of the armed forces of Ukraine in line 
     with North Atlantic Treaty Organization standards.
       (B) An assessment of the education and training 
     requirements of the armed forces of Ukraine and clear 
     recommendations for how IMET graduates should be assigned by 
     the Ukrainian Ministry of Defense upon completion of 
     education or training.
       (C) An accounting of the current combat requirements of the 
     armed forces of Ukraine and an assessment of the viability of 
     alternative mobile training teams, distributed learning, and 
     other flexible solutions to reach such students.
       (D) An identification of opportunities to influence the 
     next generation of leaders through attendance at United 
     States staff and war colleges, junior leader development 
     programs, and technical schools.
       (3) Form.--The strategy required under paragraph (1) shall 
     be submitted in unclassified form, but may contain a 
     classified annex.
                                 ______
                                 
  SA 5899. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1214. PRIORITIZING DELIVERY OF EXCESS DEFENSE ARTICLES 
                   TO UKRAINE.

       (a) In General.--During fiscal years 2023 through 2024, the 
     delivery of excess defense articles to Ukraine should be 
     given the same priority as that given other countries and 
     regions under section 516(c)(2) of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2321j(c)(2)).
       (b) Notification.--Notwithstanding section 516(f) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2321j(f)), during 
     fiscal years 2023 through 2024, the delivery of excess 
     defense articles to Ukraine shall be subject to a 15-day 
     notification requirement, unless, in the event of a 
     notification under section 516(f)(1), the President certifies 
     to the appropriate congressional committees that an emergency 
     exists that necessitates the immediate transfer of the 
     article. If the President states in his notice that an 
     emergency exists which requires the proposed transfer in the 
     national security interest of the United States, thus waiving 
     the congressional review requirements of this subsection, the 
     President shall set forth in the notification a detailed 
     justification for his determination, including a description 
     of the emergency circumstances which necessitate the 
     immediate issuance of the letter of offer and a discussion of 
     the national security interests involved.
                                 ______
                                 
  SA 5900. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1239. REPORT ON POLICIES AND PROCEDURES GOVERNING 
                   SUPPORT FOR UKRAINE.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees a report on the legal 
     and policy guidance governing intelligence-sharing and 
     security assistance between the United States and Ukraine 
     since March 1, 2021.
       (b) Contents.--The report required by subsection (a) shall 
     include--
       (1) a description of applicable diplomatic, regulatory, or 
     legal guidance on the provision of security assistance by the 
     United States to Ukraine through programs of the Department 
     of State and the Department of Defense, including 
     restrictions outside of the International Trafficking in Arms 
     Regulations (22 C.F.R. 120 et seq.) and prohibitions on 
     specific capabilities and technologies;
       (2) a description of the policies, procedures, and legal 
     guidance on the provision of intelligence support by the 
     United States to the military of Ukraine, including support 
     for targeting, battlefield intelligence, surveillance, and 
     reconnaissance, and other support designed to help improve 
     the operational effectiveness and lethality of the Ukrainian 
     military; and
       (3) a list of the dates on which the applicable guidance 
     went into effect and any guidance that was superseded.
                                 ______
                                 
  SA 5901. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1239. PROHIBITION ON INVESTMENT IN OCCUPIED UKRAINIAN 
                   TERRITORY.

       The sale, trade, transfer, and investment of goods or 
     services by a United States person in regions of Ukraine 
     occupied by a third country are prohibited until the 
     Secretary of State certifies that each such region is under 
     the jurisdiction of the Government of Ukraine.
                                 ______
                                 
  SA 5902. Mr. CARPER (for himself and Mr. Braun) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:


[[Page S5360]]


  

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

     SEC. 1077. PLUM ACT.

       (a) Short Title.-- This section may be cited as the 
     ``Periodically Listing Updates to Management Act of 2022'' or 
     the ``PLUM Act of 2022''.
       (b) Establishment of Public Website on Government Policy 
     and Supporting Positions.--
       (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;
       ``(B) the Architect of the Capitol, the Government 
     Accountability Office, the Government Publishing Office, and 
     the Library of Congress; and
       ``(C) the Executive Office of the President and any 
     component within that Office (including any successor 
     component), including--
       ``(i) the Council of Economic Advisers;
       ``(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 known 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 subsection (c)(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
       ``(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.

[[Page S5361]]

       ``(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.''.
       (c) 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 (b).
       (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 section and the amendments made by 
     this section, 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 section and the amendments made by this section; and
       (C) any suggestions or modifications to enhance compliance 
     with this section and the amendments made by this section, 
     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 section or the amendments made 
     by this section.
       (B) Other funding.--The Director shall carry out this 
     section and the amendments made by this section using amounts 
     otherwise available to the Director.
                                 ______
                                 
  SA 5903. Mr. CARPER (for himself, Mrs. Capito, Mr. Cardin, and Mr. 
Cramer) submitted an amendment intended to be proposed to amendment SA 
5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to 
be proposed to the bill H.R. 7900, to authorize appropriations for 
fiscal year 2023 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end, add the following:

          DIVISION E--WATER RESOURCES DEVELOPMENT ACT OF 2022

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Water Resources 
     Development Act of 2022''.

     SEC. 5002. DEFINITION OF SECRETARY.

       In this division, the term ``Secretary'' means the 
     Secretary of the Army.

                      TITLE LI--GENERAL PROVISIONS

     SEC. 5101. SCOPE OF FEASIBILITY STUDIES.

       (a) Flood and Coastal Storm Risk Management.--In carrying 
     out a feasibility study for a project for flood or coastal 
     storm risk management, the Secretary, at the request of the 
     non-Federal interest for the study, shall formulate 
     alternatives to maximize net benefits from the reduction of 
     the comprehensive flood risk that is identified through a 
     holistic evaluation of the isolated and compound effects of--
       (1) a riverine discharge of any magnitude or frequency;
       (2) inundation, wave attack, and erosion coinciding with a 
     hurricane or coastal storm;
       (3) a tide of any magnitude or frequency;
       (4) a rainfall event of any magnitude or frequency;
       (5) seasonal variation in water levels;
       (6) groundwater emergence;
       (7) sea level rise;
       (8) subsidence; or
       (9) any other driver of flood risk affecting the study 
     area.
       (b) Water Supply, Water Supply Conservation, and Drought 
     Risk Reduction.--In carrying out a feasibility study for any 
     purpose, the Secretary, at the request of the non-Federal 
     interest for the study, shall formulate alternatives--
       (1) to maximize combined net benefits for the primary 
     purpose of the study and for water supply, water supply 
     conservation, and drought risk reduction; or
       (2) to include 1 or more measures for the purpose of water 
     supply, water supply conservation, or drought risk reduction.
       (c) Cost Sharing.--All costs to carry out a feasibility 
     study in accordance with this section shall be shared in 
     accordance with the cost share requirements otherwise 
     applicable to the study.

     SEC. 5102. SHORELINE AND RIVERBANK PROTECTION AND RESTORATION 
                   MISSION.

       (a) Declaration of Policy.--Congress declares that--
       (1) consistent with the civil works mission of the Corps of 
     Engineers, it is the policy of the United States to protect 
     and restore the shorelines, riverbanks, and streambanks of 
     the United States from the damaging impacts of extreme 
     weather events and other factors contributing to the 
     vulnerability of coastal and riverine communities and 
     ecosystems;
       (2) the Chief of Engineers shall give priority 
     consideration to the protection and restoration of 
     shorelines, riverbanks, and streambanks from erosion and 
     other damaging impacts of extreme weather events in carrying 
     out the civil works mission of the Corps of Engineers;
       (3) to the maximum extent practicable, projects and 
     measures for the protection and restoration of shorelines, 
     riverbanks, and streambanks shall be formulated to increase 
     the resilience of such shores and banks from the damaging 
     impacts of extreme weather events and other factors 
     contributing to the vulnerability of coastal and riverine 
     communities and ecosystems using measures described in 
     section 1184(a) of the Water Resources Development Act of 
     2016 (33 U.S.C. 2289a(a)); and
       (4) to the maximum extent practicable, periodic nourishment 
     shall be provided, in accordance with subsection (c) of the 
     first section of the Act of August 13, 1946 (60 Stat. 1056, 
     chapter 960; 33 U.S.C. 426e(c)), and subject to section 156 
     of the Water Resources Development Act of 1976 (42 U.S.C. 
     1962d-5f), for projects and measures carried out for the 
     purpose of restoring and increasing the resilience of 
     ecosystems to the same extent as periodic nourishment is 
     provided for projects and measures carried out for the 
     purpose of coastal storm risk management.
       (b) Shoreline and Riverine Protection and Restoration.--
       (1) In general.--Section 212 of the Water Resources 
     Development Act of 1999 (33 U.S.C. 2332) is amended--
       (A) in the section heading, by striking ``flood mitigation 
     and riverine restoration program'' and inserting ``shoreline 
     and riverine protection and restoration'';
       (B) by striking subsection (a) and inserting the following:
       ``(a) In General.--The Secretary may carry out projects--
       ``(1) to reduce flood and coastal storm hazards, including 
     shoreline erosion and riverbank and streambank failures; or
       ``(2) to restore the natural functions and values of rivers 
     and shorelines throughout the United States.'';
       (C) in subsection (b)--
       (i) by striking paragraph (1) and inserting the following:
       ``(1) Authority.--
       ``(A) Studies.--The Secretary may carry out studies to 
     identify appropriate measures for--
       ``(i) the reduction of flood and coastal storm hazards, 
     including shoreline erosion and riverbank and streambank 
     failures; or
       ``(ii) the restoration of the natural functions and values 
     of rivers and shorelines.
       ``(B) Projects.--Subject to subsection (f)(2), the 
     Secretary may design and implement projects described in 
     subsection (a).'';
       (ii) in paragraph (3), by striking ``flood damages'' and 
     inserting ``flood and coastal storm damages, including the 
     use of measures described in section 1184(a) of the Water 
     Resources Development Act of 2016 (33 U.S.C. 2289a(a))''; and
       (iii) in paragraph (4)--

       (I) by inserting ``and coastal storm'' after ``flood'';
       (II) by inserting ``, shoreline,'' after ``riverine''; and
       (III) by inserting ``and coastal barriers'' after 
     ``floodplains'';

       (D) in subsection (c)--
       (i) by striking paragraph (1) and inserting the following:
       ``(1) Studies.--
       ``(A) In general.--Subject to subparagraph (B), the non-
     Federal share of the cost of a study under this section shall 
     be--
       ``(i) 50 percent; and
       ``(ii) 10 percent, in the case of a study benefitting an 
     economically disadvantaged community (as defined pursuant to 
     section 160 of the Water Resources Development Act of 2020 
     (33 U.S.C. 2201 note; Public Law 116-260)).

[[Page S5362]]

       ``(B) Federal interest determination.--The first $100,000 
     of the costs of a study under this section shall be at full 
     Federal expense.'';
       (ii) in paragraph (2)--

       (I) in the paragraph heading, by striking ``flood 
     control''; and
       (II) by striking subparagraph (A) and inserting the 
     following:

       ``(A) In general.--Design and construction of a 
     nonstructural measure or project, a measure or project 
     described in section 1184(a) of the Water Resources 
     Development Act of 2016 (33 U.S.C. 2289a(a)), or for a 
     measure or project for environmental restoration, shall be 
     subject to cost sharing in accordance with section 103 of the 
     Water Resources Development Act of 1986 (33 U.S.C. 2213), 
     except that the non-Federal share of the cost to design and 
     construct a project benefitting an economically disadvantaged 
     community (as defined pursuant to section 160 of the Water 
     Resources Development Act of 2020 (33 U.S.C. 2201 note; 
     Public Law 116-260)) shall be 10 percent.''; and
       (iii) in paragraph (3)--

       (I) in the paragraph heading, by striking ``control'' and 
     inserting ``and coastal storm risk management'';
       (II) by striking ``control'' and inserting ``and coastal 
     storm risk management''; and
       (III) by striking ``section 103(a) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2213(a))'' and inserting 
     ``section 103 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2213), except that the non-Federal share of the 
     cost to design and construct a project benefitting an 
     economically disadvantaged community (as defined pursuant to 
     section 160 of the Water Resources Development Act of 2020 
     (33 U.S.C. 2201 note; Public Law 116-260)) shall be 10 
     percent'';

       (E) in subsection (d)--
       (i) by striking paragraph (2);
       (ii) by striking the subsection designation and heading and 
     all that follows through ``Notwithstanding'' in paragraph (1) 
     in the matter preceding subparagraph (A) and inserting the 
     following:
       ``(d) Project Justification.--Notwithstanding'';
       (iii) by redesignating subparagraphs (A) through (C) as 
     paragraphs (1) through (3), respectively, and indenting 
     appropriately; and
       (iv) in paragraph (1) (as so redesignated)--

       (I) by inserting ``or coastal storm'' after ``flood''; and
       (II) by inserting ``, including erosion or riverbank or 
     streambank failures'' after ``damages'';

       (F) in subsection (e)--
       (i) by redesignating paragraphs (1) through (33) as 
     subparagraphs (A) through (GG), respectively, and indenting 
     appropriately;
       (ii) in the matter preceding subparagraph (A) (as so 
     redesignated), by striking ``In carrying out'' and inserting 
     the following:
       ``(1) In general.--In carrying out''; and
       (iii) by adding at the end the following:
       ``(2) Priority projects.--In carrying out this section 
     after the date of enactment of the Water Resources 
     Development Act of 2022, the Secretary shall prioritize 
     projects for the following locations:
       ``(A) Delaware beaches and watersheds, Delaware.
       ``(B) Louisiana Coastal Area, Louisiana.
       ``(C) Great Lakes Shores and Watersheds.
       ``(D) Oregon Coastal Area, Oregon.
       ``(E) Upper Missouri River Basin.
       ``(F) Ohio River Tributaries and their watersheds, West 
     Virginia.
       ``(G) Chesapeake Bay watershed and Maryland beaches, 
     Maryland.'';
       (G) by striking subsections (f), (g), and (i);
       (H) by redesignating subsection (h) as subsection (f); and
       (I) in subsection (f) (as so redesignated), by striking 
     paragraph (2) and inserting the following:
       ``(2) Projects requiring specific authorization.--The 
     Secretary shall not carry out a project until Congress enacts 
     a law authorizing the Secretary to carry out the project, if 
     the Federal share of the cost to design and construct the 
     project exceeds--
       ``(A) $26,000,000, in the case of a project benefitting an 
     economically disadvantaged community (as defined pursuant to 
     section 160 of the Water Resources Development Act of 2020 
     (33 U.S.C. 2201 note; Public Law 116-260));
       ``(B) $23,000,000, in the case of a project other than a 
     project benefitting an economically disadvantaged community 
     (as so defined) that--
       ``(i) is for purposes of environmental restoration; or
       ``(ii) derives not less than 50 percent of the erosion, 
     flood, or coastal storm risk reduction benefits from 
     nonstructural measures or measures described in section 
     1184(a) of the Water Resources Development Act of 2016 (33 
     U.S.C. 2289a(a)); or
       ``(C) $18,500,000, for a project other than a project 
     described in subparagraph (A) or (B).''.
       (2) Clerical amendment.--The table of contents in section 
     1(b) of the Water Resources Development Act of 1999 (113 
     Stat. 269) is amended by striking the item relating to 
     section 212 and inserting the following:

``Sec. 212. Shoreline and riverine protection and restoration.''.
       (c) Emergency Streambank and Shoreline Protection.--Section 
     14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is 
     amended by striking ``$5,000,000'' and inserting 
     ``$10,000,000''.

     SEC. 5103. INLAND WATERWAY PROJECTS.

       (a) In General.--Section 102(a) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2212(a)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``One-half of the costs'' and inserting ``75 percent of the 
     costs''; and
       (2) in the undesignated matter following paragraph (3), in 
     the second sentence, by striking ``One-half of such costs'' 
     and inserting ``25 percent of such costs''.
       (b) Application.--The amendments made by subsection (a) 
     shall apply to new and ongoing projects beginning on October 
     1, 2022.
       (c) Conforming Amendment.--Section 109 of the Water 
     Resources Development Act of 2020 (33 U.S.C. 2212 note; 
     Public Law 116-260) is amended by striking ``fiscal years 
     2021 through 2031'' and inserting ``fiscal years 2021 through 
     2022''.

     SEC. 5104. PROTECTION AND RESTORATION OF OTHER FEDERAL LAND 
                   ALONG RIVERS AND COASTS.

       (a) In General.--The Secretary is authorized to use funds 
     made available to the Secretary for water resources 
     development purposes to construct, at full Federal expense, a 
     measure benefitting Federal land under the administrative 
     jurisdiction of another Federal agency, if the measure--
       (1) is included in a report of the Chief of Engineers or 
     other decision document for a water resources development 
     project that is specifically authorized by Congress;
       (2) is included in a detailed project report (as defined in 
     section 105(d) of the Water Resources Development Act of 1986 
     (33 U.S.C. 2215(d)); or
       (3) utilizes dredged material from a water resources 
     development project beneficially.
       (b) Applicability.--This section shall apply to a measure 
     for which construction is initiated after the date of 
     enactment of this Act.
       (c) Exclusion.--In this section, the term ``Federal land'' 
     does not include a military installation.
       (d) Savings Provisions.--Nothing in this section 
     precludes--
       (1) a Federal agency with administrative jurisdiction over 
     Federal land from contributing funds for any portion of the 
     cost of a measure described in subsection (a) that benefits 
     that land; or
       (2) the Secretary, at the request of the non-Federal 
     interest for a study for a project for flood or coastal storm 
     risk management, from using funds made available to the 
     Secretary for water resources development investigations to 
     formulate measures to reduce risk to a military installation, 
     if the non-Federal interest shares in the cost to formulate 
     those measures to the same extent that the non-Federal 
     interest is required to share in the cost of the study.
       (e) Repeal.--
       (1) In general.--Section 1025 of the Water Resources Reform 
     and Development Act of 2014 (33 U.S.C. 2226) is repealed.
       (2) Conforming amendment.--The table of contents in section 
     1(b) of the Water Resources Reform and Development Act of 
     2014 (128 Stat. 1193) is amended by striking the item 
     relating to section 1025.

     SEC. 5105. POLICY AND TECHNICAL STANDARDS.

       Consistent with the 5-year administrative publication life 
     cycle of the Department of the Army, the Secretary shall 
     revise, rescind, or certify as current, as applicable, each 
     publication for the civil works programs of the Corps of 
     Engineers.

     SEC. 5106. PLANNING ASSISTANCE TO STATES.

       (a) In General.--Section 22 of the Water Resources 
     Development Act of 1974 (42 U.S.C. 1962d-16) is amended--
       (1) in subsection (a)--
       (A) in paragraph (3), by striking ``section 236 of title 
     10'' and inserting ``section 4141 of title 10''; and
       (B) by adding at the end the following:
       ``(4) Prioritization.--To the maximum extent practicable, 
     the Secretary shall prioritize the provision of assistance 
     under this subsection to address both inland and coastal life 
     safety risks.'';
       (2) by redesignating subsections (b) through (f) as 
     subsections (c) through (g), respectively;
       (3) by inserting after subsection (a) the following:
       ``(b) Outreach.--
       ``(1) In general.--The Secretary is authorized to carry out 
     activities, at full Federal expense--
       ``(A) to inform and educate States and other non-Federal 
     interests about the missions, programs, policies, and 
     procedures of the Corps of Engineers; and
       ``(B) to engage with States and other non-Federal interests 
     to identify specific opportunities to partner with the Corps 
     of Engineers to address water resources development needs.
       ``(2) Staff.--The Secretary shall designate staff in each 
     district office of the Corps of Engineers to provide 
     assistance under this subsection.''; and
       (4) in subsection (d) (as so redesignated), by adding at 
     the end the following:
       ``(3) Outreach.--There is authorized to be appropriated 
     $30,000,000 for each fiscal year to carry out subsection (b).
       ``(4) Prioritization.--To the maximum extent practicable, 
     the Secretary shall prioritize the provision of assistance 
     under this section to economically disadvantaged communities 
     (as defined pursuant to section 160 of the Water Resources 
     Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-
     260)).''.
       (b) Conforming Amendment.--Section 3014(b)(3)(B) of the 
     Water Resources Reform and Development Act of 2014 (42 U.S.C. 
     4131(b)(3)(B)) is amended by striking section

[[Page S5363]]

     ``22(b) of the Water Resources Development Act of 1974 (42 
     U.S.C. 1962d-16(b))'' and inserting ``section 22(c) of the 
     Water Resources Development Act of 1974 (42 U.S.C. 1962d-
     16(c))''.

     SEC. 5107. FLOODPLAIN MANAGEMENT SERVICES.

       Section 206 of the Flood Control Act of 1960 (33 U.S.C. 
     709a) is amended--
       (1) in subsection (a)--
       (A) in the second sentence, by striking ``Surveys and 
     guides'' and inserting the following:
       ``(2) Surveys and guides.--Surveys and guides'';
       (B) in the first sentence--
       (i) by inserting ``identification of areas subject to 
     floods due to accumulated snags and other debris,'' after 
     ``inundation by floods of various magnitudes and 
     frequencies,''; and
       (ii) by striking ``In recognition'' and inserting the 
     following:
       ``(1) In general.--In recognition''; and
       (C) by adding at the end the following:
       ``(3) Identification of assistance.--
       ``(A) In general.--To the maximum extent practicable, in 
     providing assistance under this subsection, the Secretary 
     shall identify and communicate to States and non-Federal 
     interests specific opportunities to partner with the Corps of 
     Engineers to address flood hazards.
       ``(B) Coordination.--The Secretary shall coordinate 
     activities under this paragraph with activities described in 
     subsection (b) of section 22 of the Water Resources 
     Development Act of 1974 (42 U.S.C. 1962d-16).'';
       (2) by redesignating subsection (d) as subsection (e); and
       (3) by inserting after subsection (c) the following:
       ``(d) Institutions of Higher Education.--Notwithstanding 
     section 4141 of title 10, United States Code, in carrying out 
     this section, the Secretary may work with an institution of 
     higher education, as determined appropriate by the 
     Secretary.''.

     SEC. 5108. WORKFORCE PLANNING.

       (a) Definition of Historically Black College or 
     University.--In this section, 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).
       (b) Authorization.--The Secretary is authorized to carry 
     out activities, at full Federal expense--
       (1) to foster, enhance, and support science, technology, 
     engineering, and math education and awareness; and
       (2) to recruit individuals for careers at the Corps of 
     Engineers.
       (c) Partnering Entities.--In carrying out activities under 
     this section, the Secretary may enter into partnerships 
     with--
       (1) public and nonprofit elementary and secondary schools;
       (2) community colleges;
       (3) technical schools;
       (4) colleges and universities, including historically Black 
     colleges and universities; and
       (5) other institutions of learning.
       (d) Prioritization.--The Secretary shall, to the maximum 
     extent practicable, prioritize the recruitment of individuals 
     under this section that are located in economically 
     disadvantaged communities (as defined pursuant to section 160 
     of the Water Resources Development Act of 2020 (33 U.S.C. 
     2201 note; Public Law 116-260)).
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000 for 
     each of fiscal years 2023 through 2027.

     SEC. 5109. CREDIT IN LIEU OF REIMBURSEMENT.

       (a) In General.--Section 1022 of the Water Resources Reform 
     and Development Act of 2014 (33 U.S.C. 2225) is amended--
       (1) in subsection (a)--
       (A) by striking ``or'' before ``an authorized coastal 
     navigation project'';
       (B) by inserting ``or any other water resources development 
     project for which the Secretary is authorized to reimburse 
     the non-Federal interest for the Federal share of 
     construction or operation and maintenance,'' before ``the 
     Secretary''; and
       (C) by striking ``of the project'' and inserting ``to 
     construct, periodically nourish, or operate and maintain the 
     project'';
       (2) in each of subsections (b) and (c), by striking ``flood 
     damage reduction and coastal navigation'' each place it 
     appears and inserting ``water resources development''; and
       (3) by adding at the end the following:
       ``(d) Applicability.--With respect to a project constructed 
     under section 204 of the Water Resources Development Act of 
     1986 (33 U.S.C. 2232), the Secretary shall exercise the 
     authority under this section to apply credits and 
     reimbursements related to the project in a manner consistent 
     with the requirements of subsection (d) of that section.''.
       (b) Treatment of Credit Between Projects.--Section 7007(d) 
     of the Water Resources Development Act of 2007 (121 Stat. 
     1277; 128 Stat. 1226) is amended by inserting ``, or may be 
     applied to reduce the amounts required to be paid by the non-
     Federal interest under the terms of the deferred payment 
     agreements entered into between the Secretary and the non-
     Federal interest for the projects authorized by section 
     7012(a)(1)'' before the period at the end.

     SEC. 5110. COASTAL COST CALCULATIONS.

       Section 152(a) of the Water Resources Development Act of 
     2020 (33 U.S.C. 2213a(a)) is amended by inserting ``or 
     coastal storm risk management'' after ``flood risk 
     management''.

     SEC. 5111. ADVANCE PAYMENT IN LIEU OF REIMBURSEMENT FOR 
                   CERTAIN FEDERAL COSTS.

       The Secretary is authorized to provide in advance to the 
     non-Federal interest the Federal share of funds required for 
     the acquisition of land, easements, and rights-of-way and the 
     performance of relocations for a project or separable 
     element--
       (1) authorized to be constructed at full Federal expense;
       (2) described in section 103(b)(2) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2213(b)(2)); or
       (3) described in, or modified by an amendment made by, 
     section 5307(a) or 5309(a), if at any time the cost to 
     acquire the land, easements, and rights-of-way required for 
     the project is projected to exceed the non-Federal share of 
     the cost of the project.

     SEC. 5112. USE OF EMERGENCY FUNDS.

       Section 5(a) of the Act of August 18, 1941 (commonly known 
     as the ``Flood Control Act of 1941'') (55 Stat. 650, chapter 
     377; 33 U.S.C. 701n(a)), is amended--
       (1) in paragraph (1), in the first sentence, by inserting 
     ``, increase resilience, increase effectiveness in preventing 
     damages from inundation, wave attack, or erosion,'' after 
     ``address major deficiencies''; and
       (2) by adding at the end the following:
       ``(6) Work carried out by a non-federal sponsor.--
       ``(A) General rule.--The Secretary may authorize a non-
     Federal sponsor to plan, design, or construct repair or 
     restoration work described in paragraph (1).
       ``(B) Requirements.--
       ``(i) In general.--To be eligible for a payment under 
     subparagraph (C) for the Federal share of a planning, design, 
     or construction activity for repair or restoration work 
     described in paragraph (1), the non-Federal sponsor shall 
     enter into a written agreement with the Secretary before 
     carrying out the activity.
       ``(ii) Compliance with other laws.--The non-Federal sponsor 
     shall carry out all activities under this paragraph in 
     compliance with all laws and regulations that would apply if 
     the activities were carried out by the Secretary.
       ``(C) Payment.--
       ``(i) In general.--The Secretary is authorized to provide 
     payment, in the form of an advance or a reimbursement, to the 
     non-Federal sponsor for the Federal share of the cost of a 
     planning design, or construction activity for the repair or 
     restoration work described in paragraph (1).
       ``(ii) Additional amounts.--If the Federal share of the 
     cost of the activity under this paragraph exceeds the amount 
     obligated by the Secretary under an agreement under 
     subparagraph (B), the advance or reimbursement of such 
     additional amounts shall be at the discretion of the 
     Secretary.
       ``(D) Annual limit on reimbursements not applicable.--
     Section 102 of the Energy and Water Development 
     Appropriations Act, 2006 (33 U.S.C. 2221), shall not apply to 
     an agreement under subparagraph (B).''.

     SEC. 5113. RESEARCH AND DEVELOPMENT.

       (a) In General.--Section 7 of the Water Resources 
     Development Act of 1988 (33 U.S.C. 2313) is amended--
       (1) in the section heading, by striking ``collaborative'';
       (2) in subsection (b), by redesignating paragraphs (1) and 
     (2) as subparagraphs (A) and (B), respectively, and indenting 
     appropriately;
       (3) by striking subsection (e);
       (4) by redesignating subsections (b), (c), (d), and (f) as 
     paragraphs (2), (3), (4), and (5), respectively, and 
     indenting appropriately;
       (5) in subsection (a), by striking ``of the Army Corps of 
     Engineers, the Secretary is authorized to utilize Army'' and 
     inserting the following: ``of the Corps of Engineers, the 
     Secretary is authorized to engage in basic research, applied 
     research, advanced research, and development projects, 
     including such projects that are--
       ``(1) authorized by Congress; or
       ``(2) included in an Act making appropriations for the 
     Corps of Engineers.
       ``(b) Collaborative Research and Development.--
       ``(1) In general.--In carrying out subsection (a), the 
     Secretary is authorized to utilize'';
       (6) in subsection (b) (as so redesignated)--
       (A) in paragraph (2)(B) (as so redesignated), by striking 
     ``this section'' and inserting ``this subsection'';
       (B) in paragraph (3) (as so redesignated), in the first 
     sentence, by striking ``this section'' each place it appears 
     and inserting ``this subsection'';
       (C) in paragraph (4) (as so redesignated), by striking 
     ``subsection (c)'' and inserting ``paragraph (3)''; and
       (D) in paragraph (5) (as so redesignated), by striking 
     ``this section'' and inserting ``this subsection;''; and
       (7) by adding at the end the following:
       ``(c) Other Transactions.--
       ``(1) Authority.--The Secretary may enter into transactions 
     (other than contracts, cooperative agreements, and grants) in 
     order to carry out this section.
       ``(2) Education and training.--The Secretary shall--
       ``(A) ensure that management, technical, and contracting 
     personnel of the Corps of Engineers involved in the award or 
     administration of transactions under this section or other 
     innovative forms of contracting are afforded opportunities 
     for adequate education and training; and
       ``(B) establish minimum levels and requirements for 
     continuous and experiential learning for such personnel, 
     including levels and

[[Page S5364]]

     requirements for acquisition certification programs.
       ``(3) Notification.--The Secretary shall provide to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives notice of a transaction under this 
     subsection not less than 30 days before entering into the 
     transaction.
       ``(4) Report.--Not later than 3 years and not later than 7 
     years after the date of enactment of the Water Resources 
     Development Act of 2022, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report on the use of the authority 
     under paragraph (1).
       ``(d) Report.--
       ``(1) In general.--For fiscal year 2025, and annually 
     thereafter, in conjunction with the annual budget submission 
     of the President to Congress under section 1105(a) of title 
     31, United States Code, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report on projects carried out 
     under subsection (a).
       ``(2) Contents.--A report under paragraph (1) shall 
     include--
       ``(A) a description of each ongoing and new project, 
     including--
       ``(i) the estimated total cost;
       ``(ii) the amount of Federal expenditures;
       ``(iii) the amount of expenditures by a non-Federal entity 
     as described in subsection (b)(1), if applicable;
       ``(iv) the estimated timeline for completion;
       ``(v) the requesting district of the Corps of Engineers, if 
     applicable; and
       ``(vi) how the project is consistent with subsection (a); 
     and
       ``(B) any additional information that the Secretary 
     determines to be appropriate.
       ``(e) Cost Sharing.--
       ``(1) In general.--Except as provided in subsection (b)(3) 
     and paragraph (2), a project carried out under this section 
     shall be at full Federal expense.
       ``(2) Treatment.--Nothing in this subsection waives 
     applicable cost-share requirements for a water resources 
     development project or feasibility study (as defined in 
     section 105(d) of the Water Resources Development Act of 1986 
     (33 U.S.C. 2215(d))).
       ``(f) Savings Clause.--Nothing in this section limits the 
     ability of the Secretary to carry out a project requested by 
     a district of the Corps of Engineers in support of a water 
     resources development project or feasibility study (as 
     defined in section 105(d) of the Water Resources Development 
     Act of 1986 (33 U.S.C. 2215(d))).
       ``(g) Research and Development Account.--
       ``(1) In general.--There is established a Research and 
     Development account of the Corps of Engineers for the 
     purposes of carrying out this section.
       ``(2) Authorization of appropriations.--There is authorized 
     to be appropriated to the Research and Development account 
     established by paragraph (1) $85,000,000 for each of fiscal 
     years 2023 through 2027.''.
       (b) Forecasting Models for the Great Lakes.--
       (1) Authorization.--There is authorized to be appropriated 
     to the Secretary $10,000,000 to complete and maintain a model 
     suite to forecast water levels, account for water level 
     variability, and account for the impacts of extreme weather 
     events and other natural disasters in the Great Lakes.
       (2) Savings provision.--Nothing in this subsection 
     precludes the Secretary from using funds made available under 
     the Great Lakes Restoration Initiative established by section 
     118(c)(7) of the Federal Water Pollution Control Act (33 
     U.S.C. 1268(c)(7)) for activities described in paragraph (1) 
     for the Great Lakes, if funds are not appropriated for such 
     activities.
       (c) Monitoring and Assessment Program for Saline Lakes in 
     the Great Basin.--
       (1) In general.--The Secretary is authorized to carry out a 
     program (referred to in this subsection as the ``program'') 
     to monitor and assess the hydrology of saline lake ecosystems 
     in the Great Basin, including the Great Salt Lake, to inform 
     and support Federal and non-Federal management and 
     conservation activities to benefit those ecosystems.
       (2) Coordination.--The Secretary shall coordinate 
     implementation of the program with relevant--
       (A) Federal and State agencies;
       (B) Indian Tribes;
       (C) local governments; and
       (D) nonprofit organizations.
       (3) Contracts, grants, and cooperative agreements.--The 
     Secretary is authorized to enter into contracts, grant 
     agreements, and cooperative agreements with institutions of 
     higher education and with entities described in paragraph (2) 
     to implement the program.
       (4) Update.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     an update on the progress of the Secretary in carrying out 
     the program.
       (5) Additional information.--In carrying out the program, 
     the Secretary may use available studies, information, 
     literature, or data on the Great Basin region published by 
     relevant Federal, State, or local entities.
       (6) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $10,000,000.
       (d) Clerical Amendment.--The table of contents contained in 
     section 1(b) of the Water Resources Development Act of 1988 
     (102 Stat. 4012) is amended by striking the item relating to 
     section 7 and inserting the following:

``Sec. 7. Research and development.''.

     SEC. 5114. TRIBAL AND ECONOMICALLY DISADVANTAGED COMMUNITIES 
                   ADVISORY COMMITTEE.

       (a) Definitions.--In this section:
       (1) Committee.--The term ``Committee'' means the Tribal and 
     Economically Disadvantaged Communities Advisory Committee 
     established under subsection (b).
       (2) Economically disadvantaged community.--The term 
     ``economically disadvantaged community'' has the meaning 
     given the term pursuant to section 160 of the Water Resources 
     Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-
     260).
       (3) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (b) Establishment.--Not later than 90 days after the date 
     of enactment of this Act, the Secretary shall establish a 
     committee, to be known as the ``Tribal and Economically 
     Disadvantaged Communities Advisory Committee'', to develop 
     and make recommendations to the Secretary and the Chief of 
     Engineers on activities and actions that should be undertaken 
     by the Corps of Engineers to ensure more effective delivery 
     of water resources development projects, programs, and other 
     assistance to economically disadvantaged communities and 
     Indian Tribes.
       (c) Membership.--The Committee shall be composed of 
     members, appointed by the Secretary, who have the requisite 
     experiential or technical knowledge needed to address issues 
     related to the water resources needs and challenges of 
     economically disadvantaged communities and Indian Tribes, 
     including--
       (1) 5 individuals representing organizations with expertise 
     in environmental policy, rural water resources, economically 
     disadvantaged communities, Tribal rights, or civil rights; 
     and
       (2) 5 individuals, each representing a non-Federal interest 
     for a Corps of Engineers project.
       (d) Duties.--
       (1) Recommendations.--The Committee shall provide advice 
     and make recommendations to the Secretary and the Chief of 
     Engineers to assist the Corps of Engineers in--
       (A) efficiently and effectively delivering solutions to 
     water resources development projects needs and challenges for 
     economically disadvantaged communities and Indian Tribes;
       (B) integrating consideration of economically disadvantaged 
     communities and Indian Tribes, where applicable, in the 
     development of water resources development projects and 
     programs of the Corps of Engineers; and
       (C) improving the capability and capacity of the workforce 
     of the Corps of Engineers to assist economically 
     disadvantaged communities and Indian Tribes.
       (2) Meetings.--The Committee shall meet as appropriate to 
     develop and make recommendations under paragraph (1).
       (3) Report.--Recommendations provided under paragraph (1) 
     shall be--
       (A) included in a report submitted to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives; and
       (B) be made publicly available, including on a publicly 
     available website.
       (e) Independent Judgment.--Any recommendation made by the 
     Committee to the Secretary and the Chief of Engineers under 
     subsection (d)(1) shall reflect the independent judgment of 
     the Committee.
       (f) Administration.--
       (1) Compensation.--Except as provided in paragraph (2), the 
     members of the Committee shall serve without compensation.
       (2) Travel expenses.--The members of the Committee shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Committee.
       (3) Treatment.--The members of the Committee shall not be 
     considered to be Federal employees, and the meetings and 
     reports of the Committee shall not be considered a major 
     Federal action under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.).
       (4) Applicability of faca.--The Federal Advisory Committee 
     Act (5 U.S.C. App.) shall apply to the Committee.

     SEC. 5115. NON-FEDERAL INTEREST ADVISORY COMMITTEE.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall establish a 
     committee, to be known as the ``Non-Federal Interest Advisory 
     Committee'' (referred to in this section as the 
     ``Committee''), to develop and make recommendations to the 
     Secretary and the Chief of Engineers on activities and 
     actions that should be undertaken by the Corps of Engineers 
     to ensure more effective and efficient delivery of water 
     resources development projects, programs, and other 
     assistance.
       (b) Membership.--

[[Page S5365]]

       (1) In general.--The Committee shall be composed of the 
     members described in paragraph (2), who shall--
       (A) be appointed by the Secretary; and
       (B) have the requisite experiential or technical knowledge 
     needed to address issues related to water resources needs and 
     challenges.
       (2) Representatives.--The members of the Committee shall 
     include the following:
       (A) A representative of each of the following:
       (i) A non-Federal interest for a project for navigation for 
     an inland harbor.
       (ii) A non-Federal interest for a project for navigation 
     for a harbor.
       (iii) A non-Federal interest for a project for flood risk 
     management.
       (iv) A non-Federal interest for a project for coastal storm 
     risk management.
       (v) A non-Federal interest for a project for aquatic 
     ecosystem restoration.
       (B) A representative of each of the following:
       (i) A non-Federal stakeholder with respect to inland 
     waterborne transportation.
       (ii) A non-Federal stakeholder with respect to water 
     supply.
       (iii) A non-Federal stakeholder with respect to recreation.
       (iv) A non-Federal stakeholder with respect to hydropower.
       (v) A non-Federal stakeholder with respect to emergency 
     preparedness, including coastal protection.
       (C) A representative of each of the following:
       (i) An organization with expertise in conservation.
       (ii) An organization with expertise in environmental 
     policy.
       (iii) An organization with expertise in rural water 
     resources.
       (c) Duties.--
       (1) Recommendations.--The Committee shall provide advice 
     and make recommendations to the Secretary and the Chief of 
     Engineers to assist the Corps of Engineers in--
       (A) efficiently and effectively delivering water resources 
     development projects;
       (B) improving the capability and capacity of the workforce 
     of the Corps of Engineers to deliver projects and other 
     assistance;
       (C) improving the capacity and effectiveness of Corps of 
     Engineers consultation and liaison roles in communicating 
     water resources needs and solutions, including regionally-
     specific recommendations; and
       (D) strengthening partnerships with non-Federal interests 
     to advance water resources solutions.
       (2) Meetings.--The Committee shall meet as appropriate to 
     develop and make recommendations under paragraph (1).
       (3) Report.--Recommendations provided under paragraph (1) 
     shall be--
       (A) included in a report submitted to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives; and
       (B) made publicly available, including on a publicly 
     available website.
       (d) Independent Judgment.--Any recommendation made by the 
     Committee to the Secretary and the Chief of Engineers under 
     subsection (c)(1) shall reflect the independent judgment of 
     the Committee.
       (e) Administration.--
       (1) In general.--The Committee shall be subject to the 
     Federal Advisory Committee Act (5 U.S.C. App.).
       (2) Compensation.--Except as provided in paragraph (3), the 
     members of the Committee shall serve without compensation.
       (3) Travel expenses.--The members of the Committee shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Committee.
       (4) Treatment.--The members of the Committee shall not be 
     considered to be Federal employees and the meetings and 
     reports of the Committee shall not be considered a major 
     Federal action under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.).

     SEC. 5116. UNDERSERVED COMMUNITY HARBOR PROJECTS.

       (a) Definitions.--In this section:
       (1) Project.--The term ``project'' means a single cycle of 
     dredging of an underserved community harbor and the 
     associated placement of dredged material at a beneficial use 
     placement site or disposal site.
       (2) Underserved community harbor.--The term ``underserved 
     community harbor'' means an emerging harbor (as defined in 
     section 210(f) of the Water Resources Development Act of 1986 
     (33 U.S.C. 2238(f))) for which--
       (A) no Federal funds have been obligated for maintenance 
     dredging in the current fiscal year or in any of the 4 
     preceding fiscal years; and
       (B) State and local investments in infrastructure have been 
     made during the preceding 4 fiscal years.
       (b) In General.--The Secretary may carry out projects to 
     dredge underserved community harbors for purposes of 
     sustaining water-dependent commercial and recreational 
     activities at such harbors.
       (c) Justification.--The Secretary may carry out a project 
     under this section if the Secretary determines that the cost 
     of the project is reasonable in relation to the sum of--
       (1) the local or regional economic benefits; and
       (2)(A) the environmental benefits, including the benefits 
     to the aquatic environment to be derived from the creation of 
     wetland and control of shoreline erosion; or
       (B) other social effects, including protection against loss 
     of life and contributions to local or regional cultural 
     heritage.
       (d) Cost Share.--The non-Federal share of the cost of a 
     project carried out under this section shall be determined in 
     accordance with--
       (1) subsection (a), (b), (c), or (d), as applicable, of 
     section 103 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2213), for any portion of the cost of the project 
     allocated to flood or coastal storm risk management, 
     ecosystem restoration, or recreation; and
       (2) section 101(b)(1) of the Water Resources Development 
     Act of 1986 (33 U.S.C. 2211(b)(1)), for the portion of the 
     cost of the project other than a portion described in 
     paragraph (1).
       (e) Clarification.--The Secretary shall not require the 
     non-Federal interest for a project carried out under this 
     section to perform additional operation and maintenance 
     activities at the beneficial use placement site or the 
     disposal site for such project.
       (f) Federal Participation Limit.--The Federal share of the 
     cost of a project under this section shall not exceed 
     $10,000,000.
       (g) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $50,000,000 for each of fiscal years 
     2023 through 2026.
       (2) Special rule.--Not less than 35 percent of the amounts 
     made available to carry out this section for each fiscal year 
     shall be used for projects that include the beneficial use of 
     dredged material.
       (h) Savings Provision.--Carrying out a project under this 
     section shall not affect the eligibility of an underserved 
     community harbor for Federal operation and maintenance 
     funding otherwise authorized for the underserved community 
     harbor.

     SEC. 5117. CORPS OF ENGINEERS WESTERN WATER COOPERATIVE 
                   COMMITTEE.

       (a) Findings.--Congress finds that--
       (1) a bipartisan coalition of 19 Western Senators wrote to 
     the Office of Management and Budget on September 17, 2019, in 
     opposition to the proposed rulemaking entitled ``Use of U.S. 
     Army Corps of Engineers Reservoir Projects for Domestic, 
     Municipal & Industrial Water Supply'' (81 Fed. Reg. 91556 
     (December 16, 2016)), describing the rule as counter to 
     existing law and court precedent;
       (2) on January 21, 2020, the proposed rulemaking described 
     in paragraph (1) was withdrawn; and
       (3) the Corps of Engineers should consult with Western 
     States to ensure, to the maximum extent practicable, that 
     operation of flood control projects in prior appropriation 
     States is consistent with the principles of the first section 
     of the Act of December 22, 1944 (commonly known as the 
     ``Flood Control Act of 1944'') (58 Stat. 887, chapter 665; 33 
     U.S.C. 701-1) and section 301 of the Water Supply Act of 1958 
     (43 U.S.C. 390b).
       (b) Establishment.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall establish a 
     Western Water Cooperative Committee (referred to in this 
     section as the ``Cooperative Committee'').
       (2) Purpose.--The purpose of the Cooperative Committee is 
     to ensure that Corps of Engineers flood control projects in 
     Western States are operated consistent with congressional 
     directives by identifying opportunities to avoid or minimize 
     conflicts between operation of Corps of Engineers projects 
     and State water rights and water laws.
       (3) Membership.--
       (A) In general.--The Cooperative Committee shall be 
     composed of--
       (i) the Assistant Secretary of the Army for Civil Works (or 
     a designee);
       (ii) the Chief of Engineers (or a designee);
       (iii) 1 representative from each of the States of Alaska, 
     Arizona, California, Colorado, Idaho, Kansas, Montana, 
     Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, 
     South Dakota, Texas, Utah, Washington, and Wyoming, who may 
     serve on the Western States Water Council, to be appointed by 
     the Governor of each State;
       (iv) 1 representative with legal experience from each of 
     the States of Alaska, Arizona, California, Colorado, Idaho, 
     Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, 
     Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and 
     Wyoming, to be appointed by the Attorney General of each 
     State; and
       (v) 1 employee from each of the impacted regional offices 
     of the Bureau of Indian Affairs.
       (4) Meetings.--
       (A) In general.--The Cooperative Committee shall meet not 
     less than once each year in a State represented on the 
     Cooperative Committee.
       (B) Available to public.--Each meeting of the Cooperative 
     Committee shall be open and accessible to the public.
       (C) Notification.--The Cooperative Committee shall publish 
     in the Federal Register adequate advance notice of a meeting 
     of the Cooperative Committee.
       (5) Duties.--The Cooperative Committee shall develop and 
     make recommendations to avoid or minimize conflicts between 
     the operation of Corps of Engineers projects and State water 
     rights and water laws, which may include recommendations for 
     legislation or the promulgation of policy or regulations.

[[Page S5366]]

       (6) Status updates.--
       (A) In general.--On an annual basis, the Secretary shall 
     provide to the Committee on Environment and Public Works of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a written 
     report that includes--
       (i) a summary of the contents of meetings of the 
     Cooperative Committee; and
       (ii) a description of any recommendations made by the 
     Cooperative Committee under paragraph (5), including actions 
     taken by the Secretary in response to such recommendations.
       (B) Comment.--
       (i) In general.--Not later than 45 days following the 
     conclusion of a meeting of the Cooperative Committee, the 
     Secretary shall provide to members of the Cooperative 
     Committee an opportunity to comment on the contents of the 
     meeting and any recommendations.
       (ii) Inclusion.--Comments provided under clause (i) shall 
     be included in the report provided under subparagraph (A).
       (7) Compensation.--
       (A) In general.--Except as provided in subparagraph (B), 
     the members of the Cooperative Committee shall serve without 
     compensation.
       (B) Travel expenses.--The members of the Cooperative 
     Committee shall be allowed travel expenses, including per 
     diem in lieu of subsistence, at rates authorized for 
     employees of agencies under subchapter I of chapter 57 of 
     title 5, United States Code, while away from their homes or 
     regular places of business in the performance of services for 
     the Cooperative Committee.
       (8) Maintenance of records.--The Cooperative Committee 
     shall maintain records pertaining to operating costs and 
     records of the Cooperative Committee for a period of not less 
     than 3 years.

     SEC. 5118. UPDATES TO CERTAIN WATER CONTROL MANUALS.

       On request of the Governor of State in which the Governor 
     declared a statewide drought disaster in 2021, the Secretary 
     is authorized to update water control manuals for waters in 
     the State, with priority given to those waters that 
     accommodate a water supply project.

     SEC. 5119. SENSE OF CONGRESS ON OPERATIONS AND MAINTENANCE OF 
                   RECREATION SITES.

       It is the sense of Congress that the Secretary, as part of 
     the annual work plan, should distribute amounts provided for 
     the operations and maintenance of recreation sites of the 
     Corps of Engineers so that each site receives an amount that 
     is not less than 80 percent of the recreation fees generated 
     by such site in a given year.

     SEC. 5120. RELOCATION ASSISTANCE.

       In the case of a water resources development project using 
     nonstructural measures for the elevation or modification of a 
     dwelling that is the primary residence of an owner-occupant 
     and that requires the owner-occupant to relocate temporarily 
     from the dwelling during the period of construction, the 
     Secretary may include in the value of the land, easements, 
     and rights-of-way required for the project or measure the 
     documented reasonable living expenses, excluding food and 
     personal transportation, incurred by the owner-occupant 
     during the period of relocation.

     SEC. 5121. REPROGRAMMING LIMITS.

       (a) Operations and Maintenance.--In reprogramming funds 
     made available to the Secretary for operations and 
     maintenance--
       (1) the Secretary may not reprogram more than 25 percent of 
     the base amount up to a limit of--
       (A) $8,500,000 for a project, study, or activity with a 
     base level over $1,000,000; and
       (B) $250,000 for a project, study, or activity with a base 
     level of $1,000,000 or less; and
       (2) $250,000 may be reprogrammed for any continuing study 
     or activity of the Secretary that did not receive an 
     appropriation.
       (b) Investigations.--In reprogramming funds made available 
     to the Secretary for investigations--
       (1) the Secretary may not reprogram more than $150,000 for 
     a project, study, or activity with a base level over 
     $100,000; and
       (2) $150,000 may be reprogrammed for any continuing study 
     or activity of the Secretary that did not receive an 
     appropriation for existing obligations and concomitant 
     administrative expenses.

     SEC. 5122. LEASE DURATIONS.

       The Secretary shall issue guidance on, in the case of a 
     leasing decision pursuant to section 2667 of title 10, United 
     States Code, or section 4 of the Act of December 22, 1944 
     (commonly known as the ``Flood Control Act of 1944'') (58 
     Stat. 889, chapter 665; 16 U.S.C. 460d), instances in which a 
     lease duration in excess of 25 years is appropriate.

     SEC. 5123. SENSE OF CONGRESS RELATING TO POST-DISASTER 
                   REPAIRS.

       It is the sense of Congress that in permitting and funding 
     post-disaster repairs, the Secretary should, to the maximum 
     extent practicable, repair assets--
       (1) to project design levels; or
       (2) if the original project design is outdated, to above 
     project design levels.

     SEC. 5124. PAYMENT OF PAY AND ALLOWANCES OF CERTAIN OFFICERS 
                   FROM APPROPRIATION FOR IMPROVEMENTS.

       Section 36 of the Act of August 10, 1956 (70A Stat. 634, 
     chapter 1041; 33 U.S.C. 583a), is amended--
       (1) by striking ``Regular officers of the Corps of 
     Engineers of the Army, and reserve officers of the Army who 
     are assigned to the Corps of Engineers,'' and inserting the 
     following:
       ``(a) In General.--The personnel described in subsection 
     (b)''; and
       (2) by adding at the end the following:
       ``(b) Personnel Described.--The personnel referred to in 
     subsection (a) are the following:
       ``(1) Regular officers of the Corps of Engineers of the 
     Army.
       ``(2) The following members of the Army who are assigned to 
     the Corps of Engineers:
       ``(A) Reserve component officers.
       ``(B) Warrant officers (whether regular or reserve 
     component).
       ``(C) Enlisted members (whether regular or reserve 
     component).''.

     SEC. 5125. REFORESTATION.

       The Secretary is encouraged to consider measures to restore 
     swamps and other wetland forests in studies for water 
     resources development projects for ecosystem restoration and 
     flood and coastal storm risk management.

     SEC. 5126. USE OF OTHER FEDERAL FUNDS.

       Section 2007 of the Water Resources Development Act of 2007 
     (33 U.S.C. 2222) is amended--
       (1) by striking ``water resources study or project'' and 
     inserting ``water resources development study or project, 
     including a study or project under a continuing authority 
     program (as defined in section 7001(c)(1)(D) of the Water 
     Resources Reform and Development Act of 2014 (33 U.S.C. 
     2282d(c)(1)(D))),''; and
       (2) by striking ``the Federal agency that provides the 
     funds determines that the funds are authorized to be used to 
     carry out the study or project'' and inserting ``the funds 
     appropriated to the Federal agency are for a purpose that is 
     similar or complementary to the purpose of the study or 
     project''.

     SEC. 5127. NATIONAL LOW-HEAD DAM INVENTORY.

       The National Dam Safety Program Act (33 U.S.C. 467 et seq.) 
     is amended by adding at the end the following:

     ``SEC. 15. NATIONAL LOW-HEAD DAM INVENTORY.

       ``(a) Definitions.--In this section:
       ``(1) Inventory.--The term `inventory' means the national 
     low-head dam inventory developed under subsection (b)(1).
       ``(2) Low-head dam.--The term `low-head dam' means a river-
     wide dam that generally spans a stream channel, blocking the 
     waterway and creating a backup of water behind the dam, with 
     a drop off over the wall of not less than 6 inches and not 
     more than 25 feet.
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of the Army.
       ``(b) National Low-head Dam Inventory.--
       ``(1) In general.--Not later than 18 months after the date 
     of enactment of this section, the Secretary, in consultation 
     with the heads of appropriate Federal and State agencies, 
     shall--
       ``(A) develop an inventory of low-head dams in the United 
     States that includes--
       ``(i) the location, ownership, description, current use, 
     condition, height, and length of each low-head dam;
       ``(ii) any information on public safety conditions at each 
     low-head dam;
       ``(iii) public safety information on the dangers of low-
     head dams;
       ``(iv) a directory of financial and technical assistance 
     resources available to reduce safety hazards and fish passage 
     barriers at low-head dams; and
       ``(v) any other relevant information concerning low-head 
     dams; and
       ``(B) submit the inventory to the Committee on Environment 
     and Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
       ``(2) Data.--In carrying out this subsection, the Secretary 
     shall--
       ``(A) coordinate with Federal and State agencies and other 
     relevant entities; and
       ``(B) use data provided to the Secretary by those agencies.
       ``(3) Updates.--The Secretary, in consultation with 
     appropriate Federal and State agencies, shall maintain and 
     periodically publish updates to the inventory.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $30,000,000.
       ``(d) Clarification.--Nothing in this section provides 
     authority to the Secretary to carry out an activity, with 
     respect to a low-head dam, that is not explicitly authorized 
     under this section.''.

     SEC. 5128. TRANSFER OF EXCESS CREDIT.

       Section 1020 of the Water Resources Reform and Development 
     Act of 2014 (33 U.S.C. 2223) is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(3) Studies and projects with multiple non-federal 
     interests.--A credit described in paragraph (1) for a study 
     or project with multiple non-Federal interests may be applied 
     to the required non-Federal cost share for a study or project 
     of any of those non-Federal interests, subject to the 
     condition that each non-Federal interest for the study or 
     project for which the credit described in paragraph (1) is 
     provided concurs in writing.'';
       (2) in subsection (b), by adding at the end the following:
       ``(3) Conditional approval of excess credit.--The Secretary 
     may approve credit in excess of the non-Federal share for a 
     study or project prior to the identification of each 
     authorized study or project to which

[[Page S5367]]

     the excess credit will be applied, subject to the condition 
     that the non-Federal interest agrees to submit for approval 
     by the Secretary an amendment to the comprehensive plan 
     prepared under paragraph (2) that identifies each authorized 
     study or project in advance of execution of the feasibility 
     cost sharing agreement or project partnership agreement for 
     that authorized study or project.'';
       (3) by striking subsection (d); and
       (4) by redesignating subsection (e) as subsection (d).

     SEC. 5129. NATIONAL LEVEE RESTORATION.

       (a) Definition of Rehabilitation.--Section 9002(13) of the 
     Water Resources Development Act of 2007 (33 U.S.C. 3301(13)) 
     is amended--
       (1) by inserting ``, or improvement'' after ``removal''; 
     and
       (2) by inserting ``, increase resiliency to extreme weather 
     events,'' after ``flood risk''.
       (b) Levee Rehabilitation Assistance Program.--Section 
     9005(h) of the Water Resources Development Act of 2007 (33 
     U.S.C. 3303a(h)) is amended--
       (1) in paragraph (7), by striking ``$10,000,000'' and 
     inserting ``$25,000,000''; and
       (2) by adding at the end the following:
       ``(11) Prioritization.--To the maximum extent practicable, 
     the Secretary shall prioritize the provision of assistance 
     under this subsection to economically disadvantaged 
     communities (as defined pursuant to section 160 of the Water 
     Resources Development Act of 2020 (33 U.S.C. 2201 note; 
     Public Law 116-260)).''.

     SEC. 5130. INLAND WATERWAYS REGIONAL DREDGE PILOT PROGRAM.

       Section 1111 of the America's Water Infrastructure Act of 
     2018 (33 U.S.C. 2326 note; Public Law 115-270) is amended by 
     adding at the end the following:
       ``(e) Inland Waterways Regional Dredge Pilot Program.--
       ``(1) In general.--The Secretary is authorized to establish 
     a pilot program (referred to in this subsection as the `pilot 
     program') to conduct a multiyear dredging demonstration 
     program to award contracts with a duration of up to 5 years 
     for projects on inland waterways.
       ``(2) Purposes.--The purposes of the pilot program shall 
     be--
       ``(A) to increase the reliability, availability, and 
     efficiency of federally-owned and federally-operated inland 
     waterways projects;
       ``(B) to decrease operational risks across the inland 
     waterways system; and
       ``(C) to provide cost-savings by combining work across 
     multiple projects across different accounts of the Corps of 
     Engineers.
       ``(3) Demonstration.--
       ``(A) In general.--The Secretary shall, to the maximum 
     extent practicable, award contracts for projects on inland 
     waterways that combine work across the Construction and 
     Operation and Maintenance accounts of the Corps of Engineers.
       ``(B) Projects.-- In awarding contracts under subparagraph 
     (A), the Secretary shall consider projects that--
       ``(i) improve navigation reliability on inland waterways 
     that are accessible year-round;
       ``(ii) increase freight capacity on inland waterways; and
       ``(iii) have the potential to enhance the availability of 
     containerized cargo on inland waterways.
       ``(4) Savings clause.--Nothing in this subsection affects 
     the responsibility of the Secretary with respect to the 
     construction and operations and maintenance of projects on 
     the inland waterways system.
       ``(5) Report to congress.--Not later than 1 year after the 
     date on which the first contract is awarded pursuant to the 
     pilot program, the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report that evaluates, with respect to the 
     pilot program and any contracts awarded under the pilot 
     program--
       ``(A) cost effectiveness;
       ``(B) reliability and performance;
       ``(C) cost savings attributable to mobilization and 
     demobilization of dredge equipment; and
       ``(D) response times to address navigational impediments.
       ``(6) Sunset.--The authority of the Secretary to enter into 
     contracts pursuant to the pilot program shall expire on the 
     date that is 10 years after the date of enactment of this 
     Act.''.

     SEC. 5131. FUNDING TO PROCESS PERMITS.

       Section 214(a)(2) of the Water Resources Development Act of 
     2000 (33 U.S.C. 2352(a)(2)) is amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(A) In general.--The Secretary''; and
       (2) by adding at the end the following:
       ``(B) Multi-user mitigation bank instrument processing.--
       ``(i) In general.--An activity carried out by the Secretary 
     to expedite evaluation of a permit described in subparagraph 
     (A) may include the evaluation of an instrument for a 
     mitigation bank if--

       ``(I) the non-Federal public entity, public-utility 
     company, natural gas company, or railroad carrier applying 
     for the permit described in that subparagraph is the sponsor 
     of the mitigation bank; and
       ``(II) expediting evaluation of the instrument is necessary 
     to expedite evaluation of the permit described in that 
     subparagraph.

       ``(ii) Use of credits.--The use of credits generated by the 
     mitigation bank established using expedited processing under 
     clause (i) shall be limited to current and future projects 
     and activities of the entity, company, or carrier described 
     in subclause (I) of that clause for a public purpose, except 
     that in the case of a non-Federal public entity, not more 
     than 25 percent of the credits may be sold to other public 
     and private entities.''.

     SEC. 5132. NON-FEDERAL PROJECT IMPLEMENTATION PILOT PROGRAM.

       Section 1043(b) of the Water Resources Reform and 
     Development Act of 2014 (33 U.S.C. 2201 note; Public Law 113-
     121) is amended--
       (1) in paragraph (3), by inserting ``or discrete segment'' 
     after ``separable element'' each place it appears; and
       (2) by adding at the end the following:
       ``(10) Definition of discrete segment.--In this subsection, 
     the term `discrete segment' means a physical portion of a 
     project or separable element that the non-Federal interest 
     can operate and maintain, independently and without creating 
     a hazard, in advance of final completion of the water 
     resources development project, or separable element 
     thereof.''.

     SEC. 5133. COST SHARING FOR TERRITORIES AND INDIAN TRIBES.

       Section 1156 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2310) is amended by adding at the end the 
     following:
       ``(c) Application to Studies.--
       ``(1) Inclusion.--For purposes of this section, the term 
     `study' includes watershed assessments.
       ``(2) Application.--The Secretary shall apply the waiver 
     amount described in subsection (a) to reduce only the non-
     Federal share of study costs.''.

     SEC. 5134. WATER SUPPLY CONSERVATION.

       Section 1116 of the WIIN Act (130 Stat. 1639) is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``during the 1-year period ending on the 
     date of enactment of this Act'' and inserting ``for at least 
     2 years during the 10-year period preceding a request from a 
     non-Federal interest for assistance under this section''; and
       (2) in subsection (b)(4), by inserting ``, including 
     measures utilizing a natural feature or nature-based feature 
     (as those terms are defined in section 1184(a)) to reduce 
     drought risk'' after ``water supply''.

     SEC. 5135. CRITERIA FOR FUNDING OPERATION AND MAINTENANCE OF 
                   SMALL, REMOTE, AND SUBSISTENCE HARBORS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall develop specific 
     criteria for the annual evaluation and ranking of maintenance 
     dredging requirements for small, remote, and subsistence 
     harbors, taking into account the criteria provided in the 
     joint explanatory statement of managers accompanying division 
     D of the Consolidated Appropriations Act, 2021 (Public Law 
     116-260; 134 Stat. 1352).
       (b) Inclusion in Guidance.--The Secretary shall include the 
     criteria developed under subsection (a) in the annual Civil 
     Works Direct Program Development Policy Guidance of the 
     Secretary.
       (c) Report to Congress.--For fiscal year 2024, and 
     biennially thereafter, in conjunction with the annual budget 
     submission of the President under section 1105(a) of title 
     31, United States Code, the Secretary shall submit to the 
     Committees on Environment and Public Works and Appropriations 
     of the Senate and the Committees on Transportation and 
     Infrastructure and Appropriations of the House of 
     Representatives a report that identifies the ranking of 
     projects in accordance with the criteria developed under 
     subsection (a).

     SEC. 5136. PROTECTION OF LIGHTHOUSES.

       Section 14 of the Flood Control Act of 1946 (33 U.S.C. 
     701r) is amended by inserting ``lighthouses, including those 
     lighthouses with historical value,'' after ``schools,''.

     SEC. 5137. EXPEDITING HYDROPOWER AT CORPS OF ENGINEERS 
                   FACILITIES.

       Section 1008 of the Water Resources Reform and Development 
     Act of 2014 (33 U.S.C. 2321b) is amended--
       (1) in subsection (b)(1), by inserting ``and to meet the 
     requirements of subsection (b)'' after ``projects'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (3) by inserting after subsection (a) the following:
       ``(b) Implementation of Policy.--The Secretary shall--
       ``(1) ensure that the policy described in subsection (a) is 
     implemented nationwide in an efficient, consistent, and 
     coordinated manner; and
       ``(2) assess opportunities--
       ``(A) to increase the development of hydroelectric power at 
     existing hydroelectric water resources development projects 
     of the Corps of Engineers; and
       ``(B) to develop new hydroelectric power at nonpowered 
     water resources development projects of the Corps of 
     Engineers.''.

     SEC. 5138. MATERIALS, SERVICES, AND FUNDS FOR REPAIR, 
                   RESTORATION, OR REHABILITATION OF CERTAIN 
                   PUBLIC RECREATION FACILITIES.

       (a) Definition of Eligible Public Recreation Facility.--In 
     this section, the term ``eligible public recreation 
     facility'' means a facility at a reservoir operated by the 
     Corps of Engineers that--

[[Page S5368]]

       (1) was constructed to enable public use of and access to 
     the reservoir; and
       (2) requires repair, restoration, or rehabilitation to 
     function.
       (b) Authorization.--During a period of low water at an 
     eligible public recreation facility, the Secretary is 
     authorized--
       (1) to accept and use materials, services, and funds from a 
     non-Federal interest to repair, restore, or rehabilitate the 
     facility; and
       (2) to reimburse the non-Federal interest for the Federal 
     share of the materials, services, or funds.
       (c) Requirement.--The Secretary may not reimburse a non-
     Federal interest for the use of materials or services 
     accepted under this section unless the materials or 
     services--
       (1) meet the specifications of the Secretary; and
       (2) comply with all applicable laws and regulations that 
     would apply if the materials and services were acquired by 
     the Secretary, including subchapter IV of chapter 31 and 
     chapter 37 of title 40, United States Code, section 8302 of 
     title 41, United States Code, and the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (d) Agreement.--Before the acceptance of materials, 
     services, or funds under this section, the Secretary and the 
     non-Federal interest shall enter into an agreement that--
       (1) specifies that the non-Federal interest shall hold and 
     save the United States free from any and all damages that 
     arise from use of materials or services of the non-Federal 
     interest, except for damages due to the fault or negligence 
     of the United States or its contractors;
       (2) requires that the non-Federal interest shall certify 
     that the materials or services comply with all applicable 
     laws and regulations under subsection (c); and
       (3) includes any other term or condition required by the 
     Secretary.

     SEC. 5139. DREDGED MATERIAL MANAGEMENT PLANS.

       (a) In General.--The Secretary shall prioritize 
     implementation of section 125(c) of the Water Resources 
     Development Act of 2020 (33 U.S.C. 2326h) at federally 
     authorized harbors in the State of Ohio.
       (b) Requirements.--Each dredged material management plan 
     prepared by the Secretary under section 125(c) of the Water 
     Resources Development Act of 2020 (33 U.S.C. 2326h) for a 
     federally authorized harbor in the State of Ohio shall--
       (1) include, in the baseline conditions, a prohibition on 
     use of funding for open-lake disposal of dredged material 
     consistent with section 105 of the Energy and Water 
     Development and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103; 136 Stat. 217) ; and
       (2) maximize beneficial use of dredged material under the 
     base plan and under section 204(d) of the Water Resources 
     Development Act of 1992 (33 U.S.C. 2326(d)).
       (c) Savings Provision.--This section does not--
       (1) impose a prohibition on use of funding for open-lake 
     disposal of dredged material; or
       (2) require the development or implementation of a dredged 
     material management plan in accordance with subsection (b) if 
     use of funding for open-lake disposal is not otherwise 
     prohibited by law.

     SEC. 5140. LEASE DEVIATIONS.

       The Secretary shall fully implement the requirements of 
     section 153 of the Water Resources Development Act of 2020 
     (134 Stat. 2658).

     SEC. 5141. COLUMBIA RIVER BASIN.

       (a) Study of Flood Risk Management Activities.--
       (1) In general.--Using funds made available to carry out 
     this section, the Secretary is authorized, at Federal 
     expense, to carry out a study to determine the feasibility of 
     a project for flood risk management and related purposes in 
     the Columbia River basin and to report to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate with recommendations thereon, including 
     recommendations for a project to potentially reduce the 
     reliance on Canada for flood risk management in the basin.
       (2) Coordination.--The Secretary shall carry out the 
     activities described in this subsection in coordination with 
     other Federal and State agencies and Indian Tribes.
       (b) Funds for Columbia River Treaty Obligations.--
       (1) In general.--The Secretary is authorized to expend 
     funds appropriated for the purpose of satisfying United 
     States obligations under the Columbia River Treaty to 
     compensate Canada for operating Canadian storage on behalf of 
     the United States under such Treaty.
       (2) Notification.--If the U.S. entity calls upon Canada to 
     operate Canadian reservoir storage for flood risk management 
     on behalf of the United States, which operation may incur an 
     obligation to compensate Canada under the Columbia River 
     Treaty--
       (A) the Secretary shall submit to the Committees on 
     Transportation and Infrastructure and Appropriations of the 
     House of Representatives and the Committees on Environment 
     and Public Works and Appropriations of the Senate, by not 
     later than 30 days after the initiation of the call, a 
     written notice of the action and a justification, including a 
     description of the circumstances necessitating the call;
       (B) upon a determination by the United States of the amount 
     of compensation that shall be paid to Canada, the Secretary 
     shall submit to the Committees on Transportation and 
     Infrastructure and Appropriations of the House of 
     Representatives and the Committees on Environment and Public 
     Works and Appropriations of the Senate a written notice 
     specifying such amount and an explanation of how such amount 
     was derived, which notification shall not delay or impede the 
     flood risk management mission of the U.S. entity; and
       (C) the Secretary shall make no payment to Canada for the 
     call under the Columbia River Treaty until such time as funds 
     appropriated for the purpose of compensating Canada under 
     such Treaty are available.
       (c) Definitions.--In this section:
       (1) Columbia river basin.--The term ``Columbia River 
     basin'' means the entire United States portion of the 
     Columbia River watershed.
       (2) Columbia river treaty.--The term ``Columbia River 
     Treaty'' means the Treaty relating to cooperative development 
     of the water resources of the Columbia River Basin, signed at 
     Washington January 17, 1961, and entered into force September 
     16, 1964.
       (3) U.S. entity.--The term ``U.S. entity'' means the entity 
     designated by the United States under Article XIV of the 
     Columbia River Treaty.

     SEC. 5142. CONTINUATION OF CONSTRUCTION.

       (a) In General.--The Secretary shall not include the amount 
     of Federal obligations incurred and non-Federal contributions 
     provided for an authorized water resources development 
     project during the period beginning on the date of enactment 
     of this Act and ending on September 30, 2025, for purposes of 
     determining if the cost of the project exceeds the maximum 
     cost of the project under section 902 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2280).
       (b) Continuation of Construction.--
       (1) In general.--The Secretary shall not, solely on the 
     basis of section 902 of the Water Resources Development Act 
     of 1986 (33 U.S.C. 2280)--
       (A) defer the initiation or continuation of construction of 
     a water resources development project during the period 
     described in subsection (a); or
       (B) terminate a contract for design or construction of a 
     water resources development project entered into during the 
     period described in subsection (a) after expiration of that 
     period.
       (2) Resumption of construction.--The Secretary shall resume 
     construction of any water resources development project for 
     which construction was deferred on the basis of section 902 
     of the Water Resources Development Act of 1986 (33 U.S.C. 
     2280) during the period beginning on October 1, 2021, and 
     ending on the date of enactment of this Act.
       (c) Statutory Construction.--Nothing in this section waives 
     the obligation of the Secretary to submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a post-authorization change report 
     recommending an increase in the authorized cost of a project 
     if the project otherwise would exceed the maximum cost of the 
     project under section 902 of the Water Resources Development 
     Act of 1986 (33 U.S.C. 2280).

                     TITLE LII--STUDIES AND REPORTS

     SEC. 5201. AUTHORIZATION OF FEASIBILITY STUDIES.

       (a) In General.--The Secretary is authorized to investigate 
     the feasibility of the following projects:
       (1) Project for ecosystem restoration, Mill Creek Levee and 
     Walla Walla River, Oregon.
       (2) Project for flood risk management and ecosystem 
     restoration, Tittabawassee River, Chippewa River, Pine River, 
     and Tobacco River, Michigan.
       (3) Project for flood risk management, Southeast Michigan.
       (4) Project for flood risk management, McMicken Dam, 
     Arizona.
       (5) Project for flood risk management, Ellicott City and 
     Howard County, Maryland.
       (6) Project for flood risk management, Ten Mile River, 
     North Attleboro, Massachusetts.
       (7) Project for flood risk management and water supply, 
     Fox-Wolf Basin, Wisconsin.
       (8) Project for flood risk management and ecosystem 
     restoration, Thatchbed Island, Essex, Connecticut.
       (9) Project for flood and coastal storm risk management, 
     Cape Fear River Basin, North Carolina.
       (10) Project for flood risk management, Lower Clear Creek 
     and Dickinson Bayou, Texas.
       (11) Project for flood risk management and ecosystem 
     restoration, the Resacas, Hidalgo and Cameron Counties, 
     Texas.
       (12) Project for flood risk management, including levee 
     improvement, Papillion Creek, Nebraska.
       (13) Project for flood risk management, Offutt Ditch Pump 
     Station, Nebraska.
       (14) Project for flood risk management, navigation, and 
     ecosystem restoration, Mohawk River Basin, New York.
       (15) Project for coastal storm risk management, Waikiki 
     Beach, Hawaii.
       (16) Project for ecosystem restoration and coastal storm 
     risk management, Cumberland and Sea Islands, Georgia.
       (17) Project for flood risk management, Wailupe Stream 
     watershed, Hawaii.
       (18) Project for flood and coastal storm risk management, 
     Hawaii County, Hawaii.
       (19) Project for coastal storm risk management, Maui 
     County, Hawaii.

[[Page S5369]]

       (20) Project for flood risk management, Sarpy County, 
     Nebraska.
       (21) Project for aquatic ecosystem restoration, including 
     habitat for endangered salmon, Columbia River Basin.
       (22) Project for ecosystem restoration, flood risk 
     management, and recreation, Newport, Kentucky.
       (23) Project for flood risk management and water supply, 
     Jenkins, Kentucky.
       (24) Project for flood risk management, including riverbank 
     stabilization, Columbus, Kentucky.
       (25) Project for flood and coastal storm risk management, 
     navigation, and ecosystem restoration, South Shore, Long 
     Island, New York.
       (26) Project for flood risk management, coastal storm risk 
     management, navigation, ecosystem restoration, and water 
     supply, Blind Brook, New York.
       (27) Project for navigation, Cumberland River, Kentucky.
       (28) Project for ecosystem restoration and water supply, 
     Great Salt Lake, Utah.
       (b) Project Modifications.--The Secretary is authorized to 
     investigate the feasibility of the following modifications to 
     the following projects:
       (1) Modifications to the project for navigation, South 
     Haven Harbor, Michigan, for turning basin improvements.
       (2) Modifications to the project for navigation, Rollinson 
     Channel and channel from Hatteras Inlet to Hatteras, North 
     Carolina, authorized by section 101 of the River and Harbor 
     Act of 1962 (76 Stat. 1174), to incorporate the ocean bar.
       (3) Modifications to the project for flood control, Saint 
     Francis River Basin, Missouri and Arkansas, authorized by 
     section 204 of the Flood Control Act of 1950 (64 Stat. 172, 
     chapter 188), to provide flood risk management for the 
     tributaries and drainage of Straight Slough, Craighead, 
     Poinsett, and Cross Counties, Arkansas.
       (4) Modifications to the project for flood risk management, 
     Cedar River, Cedar Rapids, Iowa, authorized by section 
     7002(2) of the Water Resources Reform and Development Act of 
     2014 (128 Stat. 1366), consistent with the City of Cedar 
     Rapids, Iowa, Cedar River Flood Control System Master Plan.
       (5) Modifications to the project for navigation, Savannah 
     Harbor, Georgia, without evaluation of additional deepening.
       (6) Modifications to the project for navigation, Honolulu 
     Harbor, Hawaii, for navigation improvements and coastal storm 
     risk management.
       (7) Modifications to the project for navigation, Port of 
     Ogdensburg, New York, including deepening.
       (8) Modifications to the Huntington Local Protection 
     Project, Huntington, West Virginia.

     SEC. 5202. SPECIAL RULES.

       (a) The studies authorized by paragraphs (12) and (13) of 
     section 5201(a) shall be considered a continuation of the 
     study that resulted in the Chief's Report for the project for 
     Papillion Creek and Tributaries Lakes, Nebraska, signed 
     January 24, 2022.
       (b) The study authorized by section 5201(a)(17) shall be 
     considered a resumption and a continuation of the general 
     reevaluation initiated on December 30, 2003.
       (c) In carrying out the study authorized by section 
     5201(a)(21), the Secretary shall only formulate measures and 
     alternatives to be consistent with the authorized purposes of 
     existing Federal projects while also maintaining the benefits 
     of such projects.
       (d) In carrying out the study authorized by section 
     5201(a)(25), the Secretary shall study the South Shore of 
     Long Island, New York, as a whole system, including inlets 
     that are Federal channels.
       (e) The studies authorized by section 5201(b) shall be 
     considered new phase investigations afforded the same 
     treatment as a general reevaluation.

     SEC. 5203. EXPEDITED COMPLETION OF STUDIES.

       (a) Feasibility Reports.--The Secretary shall expedite the 
     completion of a feasibility study for each of the following 
     projects, and if the Secretary determines that the project is 
     justified in a completed report, may proceed directly to 
     preconstruction planning, engineering, and design of the 
     project:
       (1) Modifications to the project for flood risk management, 
     North Adams, Massachusetts, authorized by section 5 of the 
     Act of June 22, 1936 (commonly known as the ``Flood Control 
     Act of 1936'') (49 Stat. 1572, chapter 688; 33 U.S.C. 701h), 
     and section 3 of the Act of August 18, 1941 (commonly known 
     as the ``Flood Control Act of 1941'') (55 Stat. 639, chapter 
     377), for flood risk management and ecosystem restoration.
       (2) Project for coastal storm risk management, Charleston 
     Peninsula, South Carolina.
       (3) Project for flood and coastal storm risk management and 
     ecosystem restoration, Boston North Shore, Revere, Saugus, 
     Lynn, Maiden, and Everett, Massachusetts.
       (4) Project for flood risk management, De Soto County, 
     Mississippi.
       (5) Project for coastal storm risk management, Chicago 
     shoreline, Illinois.
       (6) Project for flood risk management, Cave Buttes Dam, 
     Arizona.
       (7) Project for flood and coastal storm risk management, 
     Chelsea, Massachusetts, authorized by a study resolution of 
     the Committee on Public Works of the Senate dated September 
     12, 1969.
       (8) Project for ecosystem restoration, Herring River 
     Estuary, Barnstable County, Massachusetts, authorized by a 
     study resolution of the Committee on Transportation and 
     Infrastructure of the House of Representatives dated July 23, 
     1997.
       (9) Project for coastal storm risk management, ecosystem 
     restoration, and navigation, Nauset Barrier Beach and inlet 
     system, Chatham, Massachusetts, authorized by a study 
     resolution of the Committee on Public Works of the Senate 
     dated September 12, 1969.
       (10) Project for flood risk management, East Hartford Levee 
     System, Connecticut.
       (11) Project for flood risk management, Rahway, New Jersey, 
     authorized by section 336 of the Water Resources Development 
     Act of 2020 (134 Stat. 2712).
       (12) Project for coastal storm risk management, Sea Bright 
     to Manasquan, New Jersey.
       (13) Project for coastal storm risk management, Raritan Bay 
     and Sandy Hook Bay, New Jersey.
       (14) Project for coastal storm risk management, St. Tammany 
     Parish, Louisiana.
       (15) Project for ecosystem restoration, Fox River, 
     Illinois, authorized by section 519 of the Water Resources 
     Development Act of 2000 (114 Stat. 2653).
       (16) Project for ecosystem restoration, Chicago River, 
     Illinois.
       (17) Project for ecosystem restoration, Lake Okeechobee, 
     Florida.
       (18) Project for ecosystem restoration, Western Everglades, 
     Florida.
       (19) Modifications to the project for navigation, Hilo 
     Harbor, Hawaii.
       (20) Project for flood risk management, Kanawha River 
     Basin, West Virginia, Virginia, North Carolina.
       (21) Modifications to the project for navigation, Auke Bay, 
     Alaska.
       (b) Post-authorization Change Reports.--The Secretary shall 
     expedite completion of a post-authorization change report for 
     the following projects:
       (1) Project for ecosystem restoration, Tres Rios, Arizona, 
     authorized by section 101(b)(4) of the Water Resources 
     Development Act of 2000 (114 Stat. 2577).
       (2) Project for coastal storm risk management, Surf City 
     and North Topsail Beach, North Carolina, authorized by 
     section 7002(3) of the Water Resources Reform and Development 
     Act of 2014 (128 Stat. 1367).
       (3) Anchorage F modifications to the project for 
     navigation, Norfolk Harbor and Channels, Virginia, authorized 
     by section 201 of the Water Resources Development Act of 1986 
     (100 Stat. 4090) and modified by section 1403(a) of the Water 
     Resources Development Act of 2018 (132 Stat. 3840).
       (4) Project for navigation, Port Everglades, Florida, 
     authorized by section 1401(1) of the Water Resources 
     Development Act of 2016 (130 Stat. 1709).
       (c) Watershed and River Basin Assessments.--The Secretary 
     shall expedite the completion of the following assessments 
     under section 729 of the Water Resources Development Act of 
     1986 (33 U.S.C. 2267a):
       (1) Great Lakes Coastal Resiliency Study, Illinois, 
     Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, 
     and Wisconsin.
       (2) Ouachita-Black Rivers, Arkansas and Louisiana.
       (3) Project for watershed assessment, Hawaii County, 
     Hawaii.
       (d) Disposition Study.--The Secretary shall expedite the 
     completion of the disposition study for the Los Angeles 
     County Drainage Area under section 216 of the Flood Control 
     Act of 1970 (33 U.S.C. 549a).
       (e) Additional Direction.--The post-authorization change 
     report for the project described in subsection (b)(3) shall 
     be completed not later than December 31, 2023.

     SEC. 5204. STUDIES FOR PERIODIC NOURISHMENT.

       (a) In General.--Section 156 of the Water Resources 
     Development Act of 1976 (42 U.S.C. 1962d-5f)) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``15'' and inserting 
     ``50''; and
       (B) in paragraph (2), by striking ``15'';
       (2) in subsection (e)--
       (A) by striking ``10-year period'' and inserting ``16-year 
     period''; and
       (B) by striking ``6 years'' and inserting ``12 years''; and
       (3) by adding at the end the following:
       ``(f) Treatment of Studies.--A study carried out under 
     subsection (b) shall be considered a new phase investigation 
     afforded the same treatment as a general reevaluation.''.
       (b) Indian River Inlet Sand Bypass Plant.--For purposes of 
     the project for coastal storm risk management, Delaware Coast 
     Protection, Delaware (commonly known as the ``Indian River 
     Inlet Sand Bypass Plant''), authorized by section 869 of the 
     Water Resources Development Act of 1986 (100 Stat. 4182), a 
     study carried out under section 156(b) of the Water Resources 
     Development Act of 1976 (42 U.S.C. 1962d-5f(b)) shall 
     consider as an alternative for periodic nourishment continued 
     reimbursement of the Federal share of the cost to the non-
     Federal interest for the project to operate and maintain a 
     sand bypass plant.

     SEC. 5205. NEPA REPORTING.

       (a) Definitions.--In this section:
       (1) Categorical exclusion.--The term ``categorical 
     exclusion'' has the meaning given the term in section 1508.1 
     of title 40, Code of Federal Regulations (or a successor 
     regulation).
       (2) Environmental assessment.--The term ``environmental 
     assessment'' has the meaning given the term in section 1508.1 
     of title 40, Code of Federal Regulations (or a successor 
     regulation).
       (3) Environmental impact statement.--The term 
     ``environmental impact statement'' means a detailed written 
     statement

[[Page S5370]]

     required under section 102(2)(C) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
       (4) Finding of no significant impact.--The term ``finding 
     of no significant impact'' has the meaning given the term in 
     section 1508.1 of title 40, Code of Federal Regulations (or a 
     successor regulation).
       (5) NEPA process.--
       (A) In general.--The term ``NEPA process'' has the meaning 
     given the term in section 1508.1 of title 40, Code of Federal 
     Regulations (or a successor regulation).
       (B) Period.--For purposes of subparagraph (A), the NEPA 
     process--
       (i) begins on the date on which the Secretary initiates a 
     project study; and
       (ii) ends on the date on which the Secretary issues, with 
     respect to the project study--

       (I) a record of decision, including, if necessary, a 
     revised record of decision;
       (II) a finding of no significant impact; or
       (III) a categorical exclusion under title I of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).

       (6) Project study.--The term ``project study'' means a 
     feasibility study for a project carried out pursuant to 
     section 905 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2282) for which a categorical exclusion, an 
     environmental assessment, or an environmental impact 
     statement is required pursuant to the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (b) Reports.--
       (1) NEPA data.--
       (A) In general.--The Secretary shall carry out a process to 
     track, and annually submit to the Committee on Environment 
     and Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report containing, the information 
     described in subparagraph (B).
       (B) Information described.--The information referred to in 
     subparagraph (A) is, with respect to the Corps of Engineers--
       (i) the number of project studies for which a categorical 
     exclusion was used during the reporting period;
       (ii) the number of project studies for which the decision 
     to use a categorical exclusion, to prepare an environmental 
     assessment, or to prepare an environmental impact statement 
     is pending on the date on which the report is submitted;
       (iii) the number of project studies for which an 
     environmental assessment was issued during the reporting 
     period, broken down by whether a finding of no significant 
     impact, if applicable, was based on mitigation;
       (iv) the length of time the Corps of Engineers took to 
     complete each environmental assessment described in clause 
     (iii);
       (v) the number of project studies pending on the date on 
     which the report is submitted for which an environmental 
     assessment is being drafted;
       (vi) the number of project studies for which an 
     environmental impact statement was issued during the 
     reporting period;
       (vii) the length of time the Corps of Engineers took to 
     complete each environmental impact statement described in 
     clause (vi); and
       (viii) the number of project studies pending on the date on 
     which the report is submitted for which an environmental 
     impact statement is being drafted.
       (2) Public access to nepa reports.--The Secretary shall 
     make publicly available each annual report required under 
     paragraph (1).

     SEC. 5206. GAO AUDIT OF PROJECTS OVER BUDGET OR BEHIND 
                   SCHEDULE.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct a review of the factors and conditions 
     for each ongoing water resources development project carried 
     out by the Secretary for which--
       (1) the current estimated total project cost of the project 
     exceeds the original estimated total project cost of the 
     project by not less than $50,000,000; or
       (2) the current estimated completion date of the project 
     exceeds the original estimated completion date of the project 
     by not less than 5 years.
       (b) Report.--The Comptroller General of the United States 
     shall submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report on 
     the findings of the review under subsection (a).

     SEC. 5207. GAO STUDY ON PROJECT DISTRIBUTION.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct an analysis of the geographic 
     distribution of annual and supplemental funding for water 
     resources development projects carried out by the Secretary 
     over the previous 10 fiscal years and the factors that have 
     led to that distribution.
       (b) Report.--The Comptroller General of the United States 
     shall submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report on 
     the findings of the analysis under subsection (a).

     SEC. 5208. GAO AUDIT OF JOINT COSTS FOR OPERATIONS AND 
                   MAINTENANCE.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct a review of the practices of the Corps 
     of Engineers with respect to the determination of joint costs 
     associated with operations and maintenance of reservoirs 
     owned and operated by the Secretary.
       (b) Report.--The Comptroller General of the United States 
     shall submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report on 
     the findings of the review under subsection (a) and any 
     recommendations that result from the review.

     SEC. 5209. GAO REVIEW OF CORPS OF ENGINEERS MITIGATION 
                   PRACTICES.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall carry out a review of the water resources 
     development project mitigation practices of the Corps of 
     Engineers.
       (b) Content.--The review under subsection (a) shall include 
     an evaluation of--
       (1) the implementation by the Corps of Engineers of the 
     final rule issued on April 10, 2008, entitled ``Compensatory 
     Mitigation for Losses of Aquatic Resources'' (73 Fed. Reg. 
     19594), including, at a minimum--
       (A) the extent to which the final rule is consistently 
     implemented by the districts of the Corps of Engineers; and
       (B) the performance of each of the mitigation mechanisms 
     included in the final rule; and
       (2) opportunities to utilize alternative methods to satisfy 
     mitigation requirements of water resources development 
     projects, including, at a minimum, performance-based 
     contracts.
       (c) Report.--The Comptroller General of the United States 
     shall submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report on 
     the findings of the review under subsection (a) and any 
     recommendations that result from the review.
       (d) Definition of Performance-based Contract.--In this 
     section, the term ``performance-based contract'' means a 
     procurement mechanism by which the Corps of Engineers 
     contracts with a public or private non-Federal entity for a 
     specific mitigation outcome requirement, with payment to the 
     entity linked to delivery of verifiable and successful 
     mitigation performance.

     SEC. 5210. SABINE-NECHES WATERWAY NAVIGATION IMPROVEMENT 
                   PROJECT, TEXAS.

       The Secretary shall expedite the review and coordination of 
     the feasibility study for the project for navigation, Sabine-
     Neches Waterway, Texas, under section 203(b) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2231(b)).

     SEC. 5211. GREAT LAKES RECREATIONAL BOATING.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary shall prepare, at full Federal expense, 
     and submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     updating the findings of the report on the economic benefits 
     of recreational boating in the Great Lakes basin prepared 
     under section 455(c) of the Water Resources Development Act 
     of 1999 (42 U.S.C. 1962d-21(c)).

     SEC. 5212. CENTRAL AND SOUTHERN FLORIDA.

       (a) Evaluation and Report.--
       (1) Evaluation.--On request and at the expense of the St. 
     Johns River Water Management District, the Secretary shall 
     evaluate the effects of deauthorizing the southernmost 3.5-
     mile reach of the L-73 levee, Section 2, Osceola County, 
     Florida, on the functioning of the project for flood control 
     and other purposes, Upper St. Johns River Basin, Central and 
     Southern Florida, authorized by section 203 of the Flood 
     Control Act of 1948 (62 Stat. 1176).
       (2) Report.--In carrying out the evaluation under paragraph 
     (1), the Secretary shall--
       (A) prepare a report that includes the results of the 
     evaluation, including--
       (i) the advisability of deauthorizing the levee described 
     in that paragraph; and
       (ii) any recommendations for conditions that should be 
     placed on a deauthorization to protect the interests of the 
     United States and the public; and
       (B) submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives the report 
     under subparagraph (A) as part of the annual report submitted 
     to Congress pursuant to section 7001 of the Water Resources 
     Reform and Development Act of 2014 (33 U.S.C. 2282d).
       (b) Comprehensive Central and Southern Florida Study.--
       (1) In general.--The Secretary is authorized to carry out a 
     feasibility study for resiliency and comprehensive 
     improvements or modifications to existing water resources 
     development projects in central and southern Florida, for the 
     purposes of flood risk management, water supply, ecosystem 
     restoration (including preventing saltwater intrusion), 
     recreation, and related purposes.
       (2) Requirements.--In carrying out the feasibility study 
     under paragraph (1), the Secretary--
       (A) is authorized--
       (i) to review the report of the Chief of Engineers for 
     central and southern Florida

[[Page S5371]]

     (House Document 643, 80th Congress, 2d Session), and other 
     related reports of the Secretary; and
       (ii) to recommend cost-effective structural and 
     nonstructural projects for implementation that provide a 
     systemwide approach for the purposes described in that 
     paragraph; and
       (B) shall ensure the study and any projects recommended 
     under subparagraph (A)(ii) will not interfere with the 
     efforts undertaken to carry out the Comprehensive Everglades 
     Restoration Plan pursuant to section 601 of the Water 
     Resources Development Act of 2000 (114 Stat. 2680; 121 Stat. 
     1268; 132 Stat. 3786).

     SEC. 5213. INVESTMENTS FOR RECREATION AREAS.

       (a) Findings.--Congress finds the following:
       (1) The Corps of Engineers operates more recreation areas 
     than any other Federal or State agency, apart from the 
     Department of the Interior.
       (2) Nationally, visitors to nearly 600 dams and lakes, 
     managed by the Corps of Engineers, spend an estimated 
     $12,000,000,000 per year and support 500,000 jobs.
       (3) Lakes managed by the Corps of Engineers are economic 
     drivers that support rural communities.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Corps of Engineers should use all available authorities 
     to promote and enhance development and recreational 
     opportunities at lakes that are part of authorized civil 
     works projects under the administrative jurisdiction of the 
     Corps of Engineers.
       (c) Report.--Not later than 180 days after the enactment of 
     this Act, the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report on investments needed to support 
     recreational activities that are part of authorized water 
     resources development projects under the administrative 
     jurisdiction of the Corps of Engineers.
       (d) Requirements.--The report under subsection (c) shall 
     include--
       (1) a list of deferred maintenance projects, including 
     maintenance projects relating to recreational facilities, 
     sites, and associated access roads;
       (2) a plan to fund the projects described in paragraph (1) 
     over the 5-year period following the date of enactment of 
     this Act;
       (3) a description of efforts made by the Corps of Engineers 
     to coordinate investments in recreational facilities, sites, 
     and associated access roads with--
       (A) State and local governments; or
       (B) private entities; and
       (4) an assessment of whether the modification of Federal 
     contracting requirements could accelerate the availability of 
     funds for the projects described in paragraph (1).

     SEC. 5214. WESTERN INFRASTRUCTURE STUDY.

       (a) Definitions of Natural Feature and Nature-based 
     Feature.--In this section, the terms ``natural feature'' and 
     ``nature-based feature'' have the meanings given those terms 
     in section 1184(a) of the WIIN Act (33 U.S.C. 2289a(a)).
       (b) Comprehensive Study.--The Secretary shall conduct a 
     comprehensive study (referred to in this section as the 
     ``study'') to evaluate the effectiveness of carrying out 
     additional measures, including measures that utilize natural 
     features or nature-based features at or upstream of 
     reservoirs for the purposes of--
       (1) sustaining operations in response to changing 
     hydrological and climatic conditions;
       (2) mitigating the risk of drought or floods, including the 
     loss of storage capacity due to sediment accumulation;
       (3) increasing water supply; or
       (4) aquatic ecosystem restoration.
       (c) Study Focus.--In conducting the study, the Secretary 
     shall include all reservoirs owned and operated by the 
     Secretary and reservoirs for which the Secretary has flood 
     control responsibilities under section 7 of the Act of 
     December 22, 1944 (commonly known as the ``Flood Control Act 
     of 1944'') (58 Stat. 890, chapter 665; 33 U.S.C. 709), in the 
     South Pacific Division of the Corps of Engineers.
       (d) Consultation and Use of Existing Data.--
       (1) Consultation.--In conducting the study, the Secretary 
     shall consult with applicable--
       (A) Federal, State, and local agencies;
       (B) Indian Tribes;
       (C) non-Federal interests; and
       (D) other stakeholders, as determined appropriate by the 
     Secretary.
       (2) Use of existing data and prior studies.--To the maximum 
     extent practicable and where appropriate, the Secretary may--
       (A) use existing data provided to the Secretary by entities 
     described in paragraph (1); and
       (B) incorporate--
       (i) relevant information from prior studies and projects 
     carried out by the Secretary; and
       (ii) the latest technical data and scientific approaches 
     with respect to changing hydrological and climatic 
     conditions.
       (e) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report that describes--
       (1) the results of the study; and
       (2) any recommendations on site-specific areas where 
     additional study is recommended by the Secretary.
       (f) Savings Provision.--Nothing in this section provides 
     authority to the Secretary to change the authorized purposes 
     at any of the reservoirs described in subsection (c).

     SEC. 5215. UPPER MISSISSIPPI RIVER AND ILLINOIS WATERWAY 
                   SYSTEM.

       Section 8004(g) of the Water Resources Development Act of 
     2007 (33 U.S.C. 652 note; Public Law 110-114) is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following:
       ``(2) Report on water level management.--Not later than 1 
     year after the date of completion of the comprehensive plan 
     for Mississippi River water level management under section 22 
     of the Water Resources Development Act of 1974 (42 U.S.C. 
     1962d-16), the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives an implementation report on opportunities 
     identified in the comprehensive plan to expand the use of 
     water level management on the Upper Mississippi River and 
     Illinois Waterway System for the purpose of ecosystem 
     restoration.''.

     SEC. 5216. WEST VIRGINIA HYDROPOWER.

       (a) In General.--For water resources development projects 
     described in subsection (b), the Secretary is authorized--
       (1) to evaluate the feasibility of modifications to such 
     projects for the purposes of adding Federal hydropower or 
     energy storage development; and
       (2) to grant approval for the use of such projects for non-
     Federal hydropower or energy storage development in 
     accordance with section 14 of the Act of March 3, 1899 
     (commonly known as the ``Rivers and Harbors Act of 1899'') 
     (30 Stat. 1152, chapter 425; 33 U.S.C. 408).
       (b) Projects Described.--The projects referred to in 
     subsection (a) are the following:
       (1) Sutton Dam, Braxton County, West Virginia, authorized 
     by section 5 of the Act of June 22, 1936 (49 Stat. 1586, 
     chapter 688).
       (2) Hildebrand Lock and Dam, Monongahela County, West 
     Virginia, authorized by section 101 of the River and Harbor 
     Act of 1950 (64 Stat. 166, chapter 188).
       (3) Bluestone Lake, Summers County, West Virginia, 
     authorized by section 5 of the Act of June 22, 1936 (49 Stat. 
     1586, chapter 688).
       (4) R.D. Bailey Dam, Wyoming County, West Virginia, 
     authorized by section 203 of the Flood Control Act of 1962 
     (76 Stat. 1188).
       (5) Stonewall Jackson Dam, Lewis County, West Virginia, 
     authorized by section 203 of the Flood Control Act of 1966 
     (80 Stat. 1421).
       (6) East Lynn Dam, Wayne County, West Virginia, authorized 
     by section 5 of the Act of June 22, 1936 (49 Stat. 1586, 
     chapter 688).
       (7) Burnsville Lake, Braxton County, West Virginia, 
     authorized by section 5 of the Act of June 22, 1936 (49 Stat. 
     1586, chapter 688).
       (c) Demonstration Projects.--The authority for facility 
     modifications under subsection (a) includes demonstration 
     projects.

     SEC. 5217. RECREATION AND ECONOMIC DEVELOPMENT AT CORPS 
                   FACILITIES IN APPALACHIA.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall prepare and submit 
     to the Committee on Environment and Public Works of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a plan to implement the 
     recreational and economic development opportunities 
     identified by the Secretary in the report prepared under 
     section 206 of the Water Resources Development Act of 2020 
     (134 Stat. 2680) at Corps of Engineers facilities located 
     within a distressed or at-risk county (as described in 
     subsection (a)(1) of that section) in Appalachia.
       (b) Considerations.--In preparing the plan under subsection 
     (a), the Secretary shall consider options for Federal 
     funding, partnerships, and outgrants to Federal, State, and 
     local governments, nonprofit organizations, and commercial 
     businesses.

     SEC. 5218. AUTOMATED FEE MACHINES.

       For the purpose of mitigating adverse impacts to public 
     access to outdoor recreation, to the maximum extent 
     practicable, the Secretary shall consider alternatives to the 
     use of automated fee machines for the collection of fees for 
     the use of developed recreation sites and facilities in West 
     Virginia.

     SEC. 5219. LAKE CHAMPLAIN CANAL, VERMONT AND NEW YORK.

       Section 5146 of the Water Resources Development Act of 2007 
     (121 Stat. 1255) is amended by adding at the end the 
     following:
       ``(c) Clarifications.--
       ``(1) In general.--At the request of the non-Federal 
     interest for the study of the Lake Champlain Canal Aquatic 
     Invasive Species Barrier carried out under section 542 of the 
     Water Resources Development Act of 2000 (114 Stat. 2671; 121 
     Stat. 1150; 134 Stat. 2652), the Secretary shall scope the 
     phase II portion of that study to satisfy the feasibility 
     determination under subsection (a).
       ``(2) Dispersal barrier.--A dispersal barrier constructed, 
     maintained, or operated under this section may include--
       ``(A) physical hydrologic separation;
       ``(B) nonstructural measures;
       ``(C) deployment of technologies;
       ``(D) buffer zones; or
       ``(E) any combination of the approaches described in 
     subparagraphs (A) through (D).''.

[[Page S5372]]

  


     SEC. 5220. REPORT ON CONCESSIONAIRE PRACTICES.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report on concessionaire lease 
     practices by the Corps of Engineers.
       (b) Inclusions.--The report under subsection (a) shall 
     include, at a minimum--
       (1) an assessment of the reasonableness of the formula of 
     the Corps of Engineers for calculating concessionaire rental 
     rates, taking into account the operating margins for sales of 
     food and fuel; and
       (2) the process for assessing administrative fees to 
     concessionaires across districts of the Corps of Engineers.

  TITLE LIII--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS

     SEC. 5301. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.

       (a) Atlanta, Georgia.--Section 219(e)(5) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 
     3757; 113 Stat. 334) is amended by striking ``$25,000,000'' 
     and inserting ``$75,000,000''.
       (b) Eastern Shore and Southwest Virginia.--Section 
     219(f)(10)(A) of the Water Resources Development Act of 1992 
     (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1255) is amended--
       (1) by striking ``$20,000,000'' and inserting 
     ``$52,000,000''; and
       (2) by striking ``Accomac'' and inserting ``Accomack''.
       (c) Lakes Marion and Moultrie, South Carolina.--Section 
     219(f)(25) of the Water Resources Development Act of 1992 
     (106 Stat. 4835; 113 Stat. 336; 130 Stat. 1677; 134 Stat. 
     2719) is amended by striking ``$110,000,000'' and inserting 
     ``$151,500,000''.
       (d) Lake County, Illinois.--Section 219(f)(54) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     334; 114 Stat. 2763A-221) is amended--
       (1) in the paragraph heading, by striking ``Cook county'' 
     and inserting ``Cook county and lake county''; and
       (2) by striking ``$35,000,000'' and inserting 
     ``$100,000,000''.
       (e) Madison and St. Clair Counties, Illinois.--Section 
     219(f)(55) of the Water Resources Development Act of 1992 
     (106 Stat. 4835; 113 Stat. 334; 114 Stat. 2763A-221; 134 
     Stat. 2718) is amended by striking ``$45,000,000'' and 
     inserting ``$100,000,000''.
       (f) Calaveras County, California.--Section 219(f)(86) of 
     the Water Resources Development Act of 1992 (106 Stat. 4835; 
     113 Stat. 334; 121 Stat. 1259) is amended by striking 
     ``$3,000,000'' and inserting ``$13,280,000''.
       (g) Los Angeles County, California.--Section 219(f) of the 
     Water Resources Development Act of 1992 (106 Stat. 4835; 113 
     Stat. 334; 121 Stat. 1259) is amended by striking paragraph 
     (93) and inserting the following:
       ``(93) Los angeles county, california.--
       ``(A) In general.--$38,000,000 for wastewater and water 
     related infrastructure, Los Angeles County, California.
       ``(B) Eligibility.--The Water Replenishment District of 
     Southern California may be eligible for assistance under this 
     paragraph.''.
       (h) Michigan.--Section 219(f)(157) of the Water Resources 
     Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 
     Stat. 1262) is amended--
       (1) by striking ``$35,000,000 for'' and inserting the 
     following:
       ``(A) In general.--$85,000,000 for''; and
       (2) by adding at the end the following:
       ``(B) Additional projects.--Amounts made available under 
     subparagraph (A) may be used for design and construction 
     projects for water-related environmental infrastructure and 
     resource protection and development projects in Michigan, 
     including for projects for wastewater treatment and related 
     facilities, water supply and related facilities, 
     environmental restoration, and surface water resource 
     protection and development.''.
       (i) Myrtle Beach and Vicinity, South Carolina.--Section 
     219(f) of the Water Resources Development Act of 1992 (106 
     Stat. 4835; 113 Stat. 334; 121 Stat. 1267) is amended by 
     striking paragraph (250) and inserting the following:
       ``(250) Myrtle beach and vicinity, south carolina.--
     $31,000,000 for environmental infrastructure, including ocean 
     outfalls, Myrtle Beach and vicinity, South Carolina.''.
       (j) North Myrtle Beach and Vicinity, South Carolina.--
     Section 219(f) of the Water Resources Development Act of 1992 
     (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1267) is amended by 
     striking paragraph (251) and inserting the following:
       ``(251) North myrtle beach and vicinity, south carolina.--
     $74,000,000 for environmental infrastructure, including ocean 
     outfalls, North Myrtle Beach and vicinity, South Carolina.''.
       (k) Horry County, South Carolina.--Section 219(f) of the 
     Water Resources Development Act of 1992 (106 Stat. 4835; 113 
     Stat. 334; 121 Stat. 1268) is amended by adding at the end 
     the following:
       ``(274) Horry county, south carolina.--$19,000,000 for 
     environmental infrastructure, including ocean outfalls, Horry 
     County, South Carolina.''.
       (l) Lane County, Oregon.--Section 219(f) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     334; 121 Stat. 1268) (as amended by subsection (k)) is 
     amended by adding at the end the following:
       ``(275) Lane county, oregon.--$20,000,000 for environmental 
     infrastructure, Lane County, Oregon.''.
       (m) Placer County, California.--Section 219(f) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     334; 121 Stat. 1268) (as amended by subsection (l)) is 
     amended by adding at the end the following:
       ``(276) Placer county, california.--$21,000,000 for 
     environmental infrastructure, Placer County, California.''.
       (n) Alameda County, California.--Section 219(f) of the 
     Water Resources Development Act of 1992 (106 Stat. 4835; 113 
     Stat. 334; 121 Stat. 1268) (as amended by subsection (m)) is 
     amended by adding at the end the following:
       ``(277) Alameda county, california.--$20,000,000 for 
     environmental infrastructure, Alameda County, California.''.
       (o) Temecula City, California.--Section 219(f) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     334; 121 Stat. 1268) (as amended by subsection (n)) is 
     amended by adding at the end the following:
       ``(278) Temecula city, california.--$18,000,000 for 
     environmental infrastructure, Temecula City, California.''.
       (p) Yolo County, California.--Section 219(f) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     334; 121 Stat. 1268) (as amended by subsection (o)) is 
     amended by adding at the end the following:
       ``(279) Yolo county, california.--$6,000,000 for 
     environmental infrastructure, Yolo County, California.''.
       (q) Clinton, Mississippi.--Section 219(f) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     334; 121 Stat. 1268) (as amended by subsection (p)) is 
     amended by adding at the end the following:
       ``(280) Clinton, mississippi.--$13,600,000 for 
     environmental infrastructure, including stormwater 
     management, drainage systems, and water quality enhancement, 
     Clinton, Mississippi.''.
       (r) Oxford, Mississippi.--Section 219(f) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     334; 121 Stat. 1268) (as amended by subsection (q)) is 
     amended by adding at the end the following:
       ``(281) Oxford, mississippi.--$10,000,000 for environmental 
     infrastructure, including stormwater management, drainage 
     systems, and water quality enhancement, Oxford, 
     Mississippi.''.
       (s) Madison County, Mississippi.--Section 219(f) of the 
     Water Resources Development Act of 1992 (106 Stat. 4835; 113 
     Stat. 334; 121 Stat. 1268) (as amended by subsection (r)) is 
     amended by adding at the end the following:
       ``(282) Madison county, mississippi.--$10,000,000 for 
     environmental infrastructure, including stormwater 
     management, drainage systems, and water quality enhancement, 
     Madison County, Mississippi.''.
       (t) Rankin County, Mississippi.--Section 219(f) of the 
     Water Resources Development Act of 1992 (106 Stat. 4835; 113 
     Stat. 334; 121 Stat. 1268) (as amended by subsection (s)) is 
     amended by adding at the end the following:
       ``(283) Rankin county, mississippi.--$10,000,000 for 
     environmental infrastructure, including stormwater 
     management, drainage systems, and water quality enhancement, 
     Rankin County, Mississippi.''.
       (u) Meridian, Mississippi.--Section 219(f) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     334; 121 Stat. 1268) (as amended by subsection (t)) is 
     amended by adding at the end the following:
       ``(284) Meridian, mississippi.--$10,000,000 for wastewater 
     infrastructure, including stormwater management, drainage 
     systems, and water quality enhancement, Meridian, 
     Mississippi.''.
       (v) Delaware.--Section 219(f) of the Water Resources 
     Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 
     Stat. 1268) (as amended by subsection (u)) is amended by 
     adding at the end the following:
       ``(285) Delaware.--$50,000,000 for sewer, stormwater system 
     improvements, storage treatment, environmental restoration, 
     and related water infrastructure, Delaware.''.
       (w) Queens, New York.--Section 219(f) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     334; 121 Stat. 1268) (as amended by subsection (v)) is 
     amended by adding at the end the following:
       ``(286) Queens, new york.--$20,000,000 for the design and 
     construction of stormwater management and improvements to 
     combined sewer overflows to reduce the risk of flood impacts, 
     Queens, New York.''.
       (x) Georgia.--Section 219(f) of the Water Resources 
     Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 
     Stat. 1268) (as amended by subsection (w)) is amended by 
     adding at the end the following:
       ``(287) Georgia.--$75,000,000 for environmental 
     infrastructure, Baldwin County, Bartow County, Floyd County, 
     Haralson County, Jones County, Gilmer County, Towns County, 
     Warren County, Lamar County, Lowndes County, Troup County, 
     Madison County, Toombs County, Dade County, Bulloch County, 
     Gordon County, Walker County, Dooly County, Butts County, 
     Clarke County, Crisp County, Newton County, Bibb County, 
     Baker County, Barrow County, Oglethorpe County, Peach County, 
     Brooks County, Carroll County, Worth County, Jenkins County, 
     Wheeler County, Calhoun County, Randolph County, Wilcox 
     County, Stewart County, Telfair County, Clinch County, 
     Hancock County, Ben Hill County, Jeff Davis County, Chattooga 
     County, Lanier County, Brantley County, Charlton County, 
     Tattnall County, Emanuel County, Mitchell County, Turner 
     County, Bacon County, Terrell County, Macon County, Ware 
     County, Bleckley County, Colquitt County, Washington County, 
     Berrien County, Coffee County, Pulaski

[[Page S5373]]

     County, Cook County, Atkinson County, Candler County, 
     Taliaferro County, Evans County, Johnson County, Irwin 
     County, Dodge County, Jefferson County, Appling County, 
     Taylor County, Wayne County, Clayton County, Decatur County, 
     Schley County, Sumter County, Early County, Webster County, 
     Clay County, Upson County, Long County, Twiggs County, 
     Dougherty County, Quitman County, Meriwether County, Stephens 
     County, Wilkinson County, Murray County, Wilkes County, 
     Elbert County, McDuffie County, Heard County, Marion County, 
     Talbot County, Laurens County, Montgomery County, Echols 
     County, Pierce County, Richmond County, Chattahoochee County, 
     Screven County, Habersham County, Lincoln County, Burke 
     County, Liberty County, Tift County, Polk County, Glascock 
     County, Grady County, Jasper County, Banks County, Franklin 
     County, Whitfield County, Treutlen County, Crawford County, 
     Hart County, Georgia.''.
       (y) Maryland.--Section 219(f) of the Water Resources 
     Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 
     Stat. 1268) (as amended by subsection (x)) is amended by 
     adding at the end the following:
       ``(288) Maryland.--$100,000,000 for water, wastewater, and 
     other environmental infrastructure, Maryland.''.
       (z) Milwaukee Metropolitan Area, Wisconsin.--Section 219(f) 
     of the Water Resources Development Act of 1992 (106 Stat. 
     4835; 113 Stat. 334; 121 Stat. 1268) (as amended by 
     subsection (y)) is amended by adding at the end the 
     following:
       ``(289) Milwaukee metropolitan area, wisconsin.--$4,500,000 
     for water-related infrastructure, resource protection and 
     development, stormwater management, and reduction of combined 
     sewer overflows, Milwaukee metropolitan area, Wisconsin.''.
       (aa) Hawaii.--Section 219(f) of the Water Resources 
     Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 
     Stat. 1268) (as amended by subsection (z)) is amended by 
     adding at the end the following:
       ``(290) Hawaii.--$75,000,000 for water-related 
     infrastructure, resource protection and development, 
     wastewater treatment, water supply, urban storm water 
     conveyance, environmental restoration, and surface water 
     protection and development, Hawaii.''.
       (bb) Alabama.--Section 219(f) of the Water Resources 
     Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 
     Stat. 1268) (as amended by subsection (aa)) is amended by 
     adding at the end the following:
       ``(291) Alabama.--$50,000,000 for water, wastewater, and 
     other environmental infrastructure, Alabama.''.
       (cc) Mississippi.--Section 592(g) of the Water Resources 
     Development Act of 1999 (113 Stat. 380; 123 Stat. 2851) is 
     amended by striking ``$200,000,000'' and inserting 
     ``$300,000,000''.
       (dd) Central New Mexico.--Section 593(h) of the Water 
     Resources Development Act of 1999 (113 Stat. 381; 119 Stat. 
     2255) is amended by striking ``$50,000,000'' and inserting 
     ``$100,000,000''.
       (ee) North Dakota and Ohio.--Section 594 of the Water 
     Resources Development Act of 1999 (113 Stat. 381; 121 Stat. 
     1140; 121 Stat. 1944) is amended by adding at the end the 
     following:
       ``(i) Authorization of Additional Appropriations.--In 
     addition to amounts authorized under subsection (h), there is 
     authorized to be appropriated to carry out this section 
     $100,000,000, to be divided between the States referred to in 
     subsection (a).''.
       (ff) Western Rural Water.--Section 595(i) of the Water 
     Resources Development Act of 1999 (113 Stat. 383; 134 Stat. 
     2719) is amended--
       (1) in paragraph (1), by striking ``$435,000,000'' and 
     inserting ``$490,000,000''; and
       (2) in paragraph (2), by striking ``$150,000,000'' and 
     inserting ``$200,000,000''.
       (gg) Lake Champlain Watershed, Vermont and New York.--
     Section 542 of the Water Resources Development Act of 2000 
     (114 Stat. 2671; 121 Stat. 1150) is amended--
       (1) in subsection (b)(2)(C), by striking ``planning'' and 
     inserting ``clean water infrastructure planning, design, and 
     construction''; and
       (2) in subsection (g), by striking ``$32,000,000'' and 
     inserting ``$100,000,000''.
       (hh) Texas.--Section 5138 of the Water Resources 
     Development Act of 2007 (121 Stat. 1250) is amended--
       (1) in subsection (b), by striking ``, as identified by the 
     Texas Water Development Board'';
       (2) in subsection (e)(3), by inserting ``and construction'' 
     after ``design work'';
       (3) by redesignating subsection (g) as subsection (i); and
       (4) by inserting after subsection (f) the following:
       ``(g) Nonprofit Entities.--In accordance with section 
     221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
     5b(b)), for any project carried out under this section, a 
     non-Federal interest may include a nonprofit entity with the 
     consent of the affected local government.
       ``(h) Corps of Engineers Expenses.--Not more than 10 
     percent of the amounts made available to carry out this 
     section may be used by the Corps of Engineers district 
     offices to administer projects under this section at Federal 
     expense.''.

     SEC. 5302. SOUTHERN WEST VIRGINIA.

       (a) In General.--Section 340 of the Water Resources 
     Development Act of 1992 (106 Stat. 4856) is amended--
       (1) in the section heading, by striking ``environmental 
     restoration infrastructure and resource protection 
     development pilot program''; and
       (2) by striking subsection (f) and inserting the following:
       ``(f) Definition of Southern West Virginia.--In this 
     section, the term `southern West Virginia' means the counties 
     of Boone, Braxton, Cabell, Calhoun, Clay, Fayette, Gilmer, 
     Greenbrier, Jackson, Kanawha, Lincoln, Logan, Mason, 
     McDowell, Mercer, Mingo, Monroe, Nicholas, Pendleton, 
     Pocahontas, Putnam, Raleigh, Roane, Summers, Wayne, Webster, 
     Wirt, and Wyoming, West Virginia.''.
       (b) Clerical Amendment.--The table of contents contained in 
     section 1(b) of the Water Resources Development Act of 1992 
     (106 Stat. 4799) is amended by striking the item relating to 
     section 340 and inserting the following:

``Sec. 340. Southern West Virginia.''.

     SEC. 5303. NORTHERN WEST VIRGINIA.

       (a) In General.--Section 571 of the Water Resources 
     Development Act of 1999 (113 Stat. 371; 121 Stat. 1257; 134 
     Stat. 2719) is amended--
       (1) in the section heading, by striking ``central'' and 
     inserting ``northern'';
       (2) by striking subsection (a) and inserting the following:
       ``(a) Definition of Northern West Virginia.--In this 
     section, the term `northern West Virginia' means the counties 
     of Barbour, Berkeley, Brooke, Doddridge, Grant, Hampshire, 
     Hancock, Hardy, Harrison, Jefferson, Lewis, Marion, Marshall, 
     Mineral, Morgan, Monongalia, Ohio, Pleasants, Preston, 
     Randolph, Ritchie, Taylor, Tucker, Tyler, Upshur, Wetzel, and 
     Wood, West Virginia.'';
       (3) in subsection (b), by striking ``central'' and 
     inserting ``northern''; and
       (4) in subsection (c), by striking ``central'' and 
     inserting ``northern''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Water Resources Development Act of 1999 (113 
     Stat. 269) is amended by striking the item relating to 
     section 571 and inserting the following:

``Sec. 571. Northern West Virginia.''.

     SEC. 5304. LOCAL COOPERATION AGREEMENTS, NORTHERN WEST 
                   VIRGINIA.

       Section 219(f)(272) of the Water Resources Development Act 
     of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) is 
     amended--
       (1) by striking ``$20,000,000 for water and wastewater'' 
     and inserting the following:
       ``(A) In general.--$20,000,000 for water and wastewater''; 
     and
       (2) by adding at the end the following:
       ``(B) Local cooperation agreements.--Notwithstanding 
     subsection (a), at the request of a non-Federal interest for 
     a project or a separable element of a project that receives 
     assistance under this paragraph, the Secretary may adopt a 
     model agreement developed in accordance with section 571(e) 
     of the Water Resources Development Act of 1999 (113 Stat. 
     371).''.

     SEC. 5305. SPECIAL RULE FOR CERTAIN BEACH NOURISHMENT 
                   PROJECTS.

       (a) In General.--In the case of a water resources 
     development project described in subsection (b), the 
     Secretary shall--
       (1) fund, at full Federal expense, any incremental increase 
     in cost to the project that results from a legal requirement 
     to use a borrow source determined by the Secretary to be 
     other than the least-cost option; and
       (2) exclude the cost described in paragraph (1) from the 
     cost-benefit analysis for the project.
       (b) Authorized Water Resources Development Projects 
     Described.--An authorized water resources development project 
     referred to in subsection (a) is any of the following:
       (1) The Townsends Inlet to Cape May Inlet, New Jersey, 
     coastal storm risk management project, authorized by section 
     101(a)(26) of the Water Resources Development Act of 1999 
     (113 Stat. 278).
       (2) The Folly Beach, South Carolina, coastal storm risk 
     management project, authorized by section 501(a) of the Water 
     Resources Development Act of 1986 (100 Stat. 4136) and 
     modified by section 108 of the Energy and Water Development 
     Appropriations Act, 1992 (105 Stat. 520).
       (3) The Carolina Beach and Vicinity, North Carolina, 
     coastal storm risk management project, authorized by section 
     203 of the Flood Control Act of 1962 (76 Stat. 1182) and 
     modified by section 401(7) of the Water Resources Development 
     Act of 2020 (134 Stat. 2741).
       (4) The Wrightsville Beach, North Carolina, coastal storm 
     risk management project, authorized by section 203 of the 
     Flood Control Act of 1962 (76 Stat. 1182) and modified by 
     section 401(7) of the Water Resources Development Act of 2020 
     (134 Stat. 2741).
       (5) A project for coastal storm risk management for any 
     shore included in a project described in this subsection that 
     is specifically authorized by Congress on or after the date 
     of enactment of this Act.
       (6) Emergency repair and restoration of any project 
     described in this subsection under section 5 of the Act of 
     August 18, 1941 (commonly known as the ``Flood Control Act of 
     1941'') (55 Stat. 650, chapter 377; 33 U.S.C. 701n).
       (c) Savings Provision.--Nothing in this section limits the 
     eligibility for, or availability of, Federal expenditures or 
     financial assistance for any water resources development 
     project, including any beach nourishment or renourishment 
     project, under any other provision of Federal law.

[[Page S5374]]

  


     SEC. 5306. COASTAL COMMUNITY FLOOD CONTROL AND OTHER 
                   PURPOSES.

       Section 103(k)(4) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2213(k)(4)) is amended--
       (1) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and indenting appropriately;
       (2) in the matter preceding clause (i) (as so 
     redesignated), by striking ``Notwithstanding'' and inserting 
     the following:
       ``(A) In general.--Notwithstanding'';
       (3) in subparagraph (A) (as so redesignated)--
       (A) in clause (i) (as so redesignated)--
       (i) by striking ``$200 million'' and inserting 
     ``$200,000,000''; and
       (ii) by striking ``and'' at the end;
       (B) in clause (ii) (as so redesignated)--
       (i) by inserting ``an amount equal to \2/3\ of'' after 
     ``repays''; and
       (ii) by striking the period at the end and inserting ``; 
     and''; and
       (C) by adding at the end the following:
       ``(iii) the non-Federal interest repays the balance of 
     remaining principal by June 1, 2032.''; and
       (4) by adding at the end the following:
       ``(B) Repayment options.--Repayment of a non-Federal 
     contribution under subparagraph (A)(iii) may be satisfied 
     through the provision by the non-Federal interest of fish and 
     wildlife mitigation for one or more projects or separable 
     elements, if the Secretary determines that--
       ``(i) the non-Federal interest has incurred costs for the 
     provision of mitigation that--

       ``(I) equal or exceed the amount of the required repayment; 
     and
       ``(II) are in excess of any required non-Federal 
     contribution for the project or separable element for which 
     the mitigation is provided; and

       ``(ii) the mitigation is integral to the project for which 
     it is provided.''.

     SEC. 5307. MODIFICATIONS.

       (a) In General.--The following modifications to studies and 
     projects are authorized:
       (1) Mississippi river gulf outlet, louisiana.--The Federal 
     share of the cost of the project for ecosystem restoration, 
     Mississippi River Gulf Outlet, Louisiana, authorized by 
     section 7013(a)(4) of the Water Resources Development Act of 
     2007 (121 Stat. 1281), shall be 90 percent.
       (2) Great lakes and mississippi river interbasin project, 
     brandon road, will county, illinois.--Section 402(a)(1) of 
     the Water Resources Development Act of 2020 (134 Stat. 2742) 
     is amended by striking ``80 percent'' and inserting ``90 
     percent''.
       (3) Lower mississippi river comprehensive management 
     study.--Section 213 of the Water Resources Development Act of 
     2020 (134 Stat. 2687) is amended by adding at the end the 
     following:
       ``(j) Cost-share.--The Federal share of the cost of the 
     comprehensive study described in subsection (a), and any 
     feasibility study described in subsection (e), shall be 90 
     percent.''.
       (4) Port of nome, alaska.--
       (A) In general.--The Secretary shall carry out the project 
     for navigation, Port of Nome, Alaska, authorized by section 
     401(1) of the Water Resources Development Act of 2020 (134 
     Stat. 2733).
       (B) Cost-share.--The Federal share of the cost of the 
     project described in subparagraph (A) shall be 90 percent.
       (5) Chicago shoreline protection.--The project for storm 
     damage reduction and shore protection, Lake Michigan, 
     Illinois, from Wilmette, Illinois, to the Illinois-Indiana 
     State line, authorized by section 101(a)(12) of the Water 
     Resources Development Act of 1996 (110 Stat. 3664), is 
     modified to authorize the Secretary to provide 65 percent of 
     the cost of the locally preferred plan, as described in the 
     Report of the Chief of Engineers dated April 14, 1994, for 
     the construction of the following segments of the project:
       (A) Shoreline revetment at Morgan Shoal.
       (B) Shoreline revetment at Promontory Point.
       (6) Lower mud river, milton, west virginia.--
       (A) In general.--Notwithstanding section 3170 of the Water 
     Resources Development Act of 2007 (121 Stat. 1154), the 
     Federal share of the cost of the project for flood control, 
     Milton, West Virginia, authorized by section 580 of the Water 
     Resources Development Act of 1996 (110 Stat. 3790), and 
     modified by section 340 of the Water Resources Development 
     Act of 2000 (114 Stat. 2612) and section 3170 of the Water 
     Resources Development Act of 2007 (121 Stat. 1154), shall be 
     90 percent.
       (B) Land, easements, and rights-of-way.--For the project 
     described in subparagraph (A), the Secretary shall include in 
     the cost of the project, and credit toward the non-Federal 
     share of that cost, the value of land, easements, and rights-
     of-way provided by the non-Federal interest for the project, 
     including the value of land, easements, and rights-of-way 
     required for the project that are owned or held by the non-
     Federal interest or other non-Federal public body.
       (C) Additional eligibility.--Unless otherwise directed in 
     an Act making annual appropriations for the Corps of 
     Engineers for a fiscal year in which the Secretary has 
     determined an additional appropriation is required to 
     continue or complete construction of the project described in 
     subparagraph (A), the project shall be eligible for 
     additional funding appropriated by that Act in the 
     Construction account of the Corps of Engineers--
       (i) without a new investment decision; and
       (ii) on the same terms as a project that is not the project 
     described in subparagraph (A).
       (7) South shore staten island, new york.--The Federal share 
     of any portion of the cost to design and construct the 
     project for coastal storm risk management, South Shore Staten 
     Island, New York, authorized by section 5401(3), that exceeds 
     the estimated total project cost specified in the project 
     partnership agreement for the project, signed by the 
     Secretary on February 15, 2019, shall be 90 percent.
       (b) Agreements.--
       (1) Studies and projects with multiple non-federal 
     interests.--At the request of the applicable non-Federal 
     interests for the project described in section 402(a) of the 
     Water Resources Development Act of 2020 (134 Stat. 2742) and 
     for the studies described in subsection (j) of section 213 of 
     that Act (134 Stat. 2687), the Secretary shall not require 
     those non-Federal interests to be jointly and severally 
     liable for all non-Federal obligations in the project 
     partnership agreement for the project or in the feasibility 
     cost share agreements for the studies.
       (2) South san francisco bay shoreline, california.--
       (A) In general.--Except for funds required for a betterment 
     or for a locally preferred plan, the Secretary shall not 
     require the non-Federal interest for the project for flood 
     risk management, ecosystem restoration, and recreation, South 
     San Francisco Bay Shoreline, California, authorized by 
     section 1401(6) of the Water Resources Development Act of 
     2016 (130 Stat. 1714), to contribute funds under an agreement 
     entered into prior to the date of enactment of this Act in 
     excess of the total cash contribution required from the non-
     Federal interest for the project under section 103 of the 
     Water Resources Development Act of 1986 (33 U.S.C. 2213).
       (B) Requirement.--The Secretary shall not, at any time, 
     defer, suspend, or terminate construction of the project 
     described in subparagraph (A) solely on the basis of a 
     determination by the Secretary that an additional 
     appropriation is required to cover the Federal share of the 
     cost to complete construction of the project, if Federal 
     funds in an amount determined by the Secretary to be 
     sufficient to continue construction of the project remain 
     available in the allocation for the project under the Long-
     Term Disaster Recovery Investment Plan for amounts 
     appropriated under the heading ``construction'' under the 
     heading ``CORPS OF ENGINEERS--CIVIL--DEPARTMENT OF THE ARMY'' 
     in title IV of subdivision 1 of division B of the Bipartisan 
     Budget Act of 2018 (Public Law 115-123; 132 Stat. 76).

     SEC. 5308. PORT FOURCHON, LOUISIANA, DREDGED MATERIAL 
                   DISPOSAL PLAN.

       The Secretary shall determine that the dredged material 
     disposal plan recommended in the document entitled ``Port 
     Fourchon Belle Pass Channel Deepening Project Section 203 
     Feasibility Study (January 2019, revised January 2020)'' is 
     the least cost, environmentally acceptable dredged material 
     disposal plan for the project for navigation, Port Fourchon 
     Belle Passe Channel, Louisiana, authorized by section 
     403(a)(4) of the Water Resources Development Act of 2020 (134 
     Stat. 2743).

     SEC. 5309. DELAWARE SHORE PROTECTION AND RESTORATION.

       (a) Delaware Beneficial Use of Dredged Material for the 
     Delaware River, Delaware.--
       (1) In general.--The project for coastal storm risk 
     management, Delaware Beneficial Use of Dredged Material for 
     the Delaware River, Delaware, authorized by section 401(3) of 
     the Water Resources Development Act of 2020 (134 Stat. 2736) 
     (referred to in this subsection as the ``project''), is 
     modified--
       (A) to direct the Secretary to implement the project using 
     alternative borrow sources to the Delaware River, 
     Philadelphia to the Sea, project, Delaware, New Jersey, 
     Pennsylvania, authorized by the Act of June 25, 1910 (chapter 
     382, 36 Stat. 637; 46 Stat. 921; 52 Stat. 803; 59 Stat. 14; 
     68 Stat. 1249; 72 Stat. 297); and
       (B) until the Secretary implements the modification under 
     subparagraph (A), to authorize the Secretary, at the request 
     of a non-Federal interest, to carry out initial construction 
     or periodic nourishments at any site included in the project 
     under--
       (i) section 1122 of the Water Resources Development Act of 
     2016 (33 U.S.C. 2326 note; Public Law 114-322); or
       (ii) section 204(d) of the Water Resources Development Act 
     of 1992 (33 U.S.C. 2326(d)).
       (2) Treatment.--If the Secretary determines that a study is 
     required to carry out paragraph (1)(A), the study shall be 
     considered to be a continuation of the study that formulated 
     the project.
       (3) Cost-share.--The Federal share of the cost of the 
     project, including the cost of any modifications carried out 
     under subsection (a)(1), shall be 90 percent.
       (b) Indian River Inlet Sand Bypass Plant, Delaware.--
       (1) In general.--The Indian River Inlet Sand Bypass Plant, 
     Delaware, coastal storm risk management project (referred to 
     in this subsection as the ``project''), authorized by section 
     869 of the Water Resources Development Act of 1986 (100 Stat. 
     4182), is modified to authorize the Secretary, at the request 
     of a non-Federal interest, to provide periodic nourishment 
     through dedicated dredging or other means to maintain or 
     restore the functioning of the project when--
       (A) the sand bypass plant is inoperative; or

[[Page S5375]]

       (B) operation of the sand bypass plant is insufficient to 
     maintain the functioning of the project.
       (2) Requirements.--A cycle of periodic nourishment provided 
     pursuant to paragraph (1) shall be subject to the following 
     requirements:
       (A) Cost-share.--The non-Federal share of the cost of a 
     cycle shall be the same percentage as the non-Federal share 
     of the cost to operate the sand bypass plant.
       (B) Decision document.--If the Secretary determines that a 
     decision document is required to support a request for 
     funding for the Federal share of a cycle, the decision 
     document may be prepared using funds made available to the 
     Secretary for construction or for investigations.
       (C) Treatment.--
       (i) Decision document.--A decision document prepared under 
     subparagraph (B) shall not be subject to a new investment 
     determination.
       (ii) Cycles.--A cycle shall be considered continuing 
     construction.
       (c) Delaware Emergency Shore Restoration.--
       (1) In general.--The Secretary is authorized to repair or 
     restore any beach or any federally authorized hurricane or 
     shore protective structure or project located in the State of 
     Delaware pursuant to section 5(a) of the Act of August 18, 
     1941 (commonly known as the ``Flood Control Act of 1941'') 
     (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)), if--
       (A) the structure, project, or beach is damaged by wind, 
     wave, or water action associated with a storm of any 
     magnitude; and
       (B) the damage prevents the adequate functioning of the 
     structure, project, or beach.
       (2) Benefit-cost analysis.--The Secretary shall determine 
     that the benefits attributable to the objectives set forth in 
     section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962-
     2) and section 904(a) of the Water Resources Development Act 
     of 1986 (33 U.S.C. 2281(a)) exceed the cost for work carried 
     out under this subsection.
       (3) Savings provision.--The authority provided by this 
     subsection shall be in addition to any authority provided by 
     section 5(a) of the Act of August 18, 1941 (commonly known as 
     the ``Flood Control Act of 1941'') (55 Stat. 650, chapter 
     377; 33 U.S.C. 701n(a)) to repair or restore a beach or 
     federally authorized hurricane or shore protection structure 
     or project located in the State of Delaware damaged or 
     destroyed by wind, wave, or water action of other than an 
     ordinary nature.
       (d) Indian River Inlet and Bay, Delaware.--In carrying out 
     major maintenance of the project for navigation, Indian River 
     Inlet and Bay, Delaware, authorized by the Act of August 26, 
     1937 (50 Stat. 846, chapter 832), and section 2 of the Act of 
     March 2, 1945 (59 Stat. 14, chapter 19), the Secretary shall 
     repair, restore, or relocate any non-Federal facility or 
     other infrastructure, that has been damaged, in whole or in 
     part, by the deterioration or failure of the project.
       (e) Reprogramming for Coastal Storm Risk Management Project 
     at Indian River Inlet.--
       (1) In general.--Notwithstanding any other provision of 
     law, for each fiscal year, the Secretary may reprogram 
     amounts made available for a coastal storm risk management 
     project to use such amounts for the project for coastal storm 
     risk management, Indian River Inlet Sand Bypass Plant, 
     Delaware, authorized by section 869 of the Water Resources 
     Development Act of 1986 (100 Stat. 4182).
       (2) Limitations.--
       (A) In general.--The Secretary may carry out not more than 
     2 reprogramming actions under paragraph (1) for each fiscal 
     year.
       (B) Amount.--For each fiscal year, the Secretary may 
     reprogram--
       (i) not more than $100,000 per reprogramming action; and
       (ii) not more than $200,000 for each fiscal year.

     SEC. 5310. GREAT LAKES ADVANCE MEASURES ASSISTANCE.

       Section 5(a) of the Act of August 18, 1941 (commonly known 
     as the ``Flood Control Act of 1941'') (55 Stat. 650, chapter 
     377; 33 U.S.C. 701n(a)) (as amended by section 5112(2)), is 
     amended by adding at the end the following:
       ``(7) Special rule.--
       ``(A) In general.--The Secretary shall not deny a request 
     from the Governor of a State to provide advance measures 
     assistance under this subsection to reduce the risk of damage 
     from rising water levels in the Great Lakes solely on the 
     basis that the damage is caused by erosion.
       ``(B) Federal share.--Assistance provided by the Secretary 
     pursuant to a request under subparagraph (A) may be at full 
     Federal expense if the assistance is to construct advanced 
     measures to a temporary construction standard.''.

     SEC. 5311. REHABILITATION OF EXISTING LEVEES.

       Section 3017(e) of the Water Resources Reform and 
     Development Act of 2014 (33 U.S.C. 3303a note; Public Law 
     113-121) is amended--
       (1) by striking ``this subsection'' and inserting ``this 
     section''; and
       (2) by striking ``10 years'' and inserting ``20 years''.

     SEC. 5312. PILOT PROGRAM FOR CERTAIN COMMUNITIES.

       (a) Pilot Programs on the Formulation of Corps of Engineers 
     Projects in Rural Communities and Economically Disadvantaged 
     Communities.--Section 118 of the Water Resources Development 
     Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260) is 
     amended--
       (1) in subsection (b)(2)(C), by striking ``10''; and
       (2) in subsection (c)--
       (A) in paragraph (2), in the matter preceding subparagraph 
     (A), by striking ``make a recommendation to Congress on up to 
     10 projects'' and inserting ``recommend projects to 
     Congress''; and
       (B) by adding at the end the following:
       ``(5) Recommendations.--In recommending projects under 
     paragraph (2), the Secretary shall include such 
     recommendations in the next annual report submitted to 
     Congress under section 7001 of the Water Resources Reform and 
     Development Act of 2014 (33 U.S.C. 2282d) after the date of 
     enactment of the Water Resources Development Act of 2022.''.
       (b) Pilot Program for Caps in Small or Disadvantaged 
     Communities.--Section 165(a) of the Water Resources 
     Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-
     260) is amended--
       (1) in paragraph (2)(B), by striking ``a total of 10'';
       (2) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively; and
       (3) by inserting after paragraph (3) the following:
       ``(4) Maximum federal amount.--For a project carried out 
     under this subsection, the maximum Federal amount, if 
     applicable, shall be increased by the commensurate amount of 
     the non-Federal share that would otherwise be required for 
     the project under the applicable continuing authority 
     program.''.

     SEC. 5313. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED 
                   PUMP STATIONS.

       Section 133 of the Water Resources Development Act of 2020 
     (33 U.S.C. 2327a) is amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) Eligible pump station.--The term `eligible pump 
     station' means a pump station that--
       ``(A) is a feature of a federally authorized flood or 
     coastal storm risk management project; or
       ``(B) if inoperable, would impair drainage of water from 
     areas interior to a federally authorized flood or coastal 
     storm risk management project.'';
       (2) by striking subsection (b) and inserting the following:
       ``(b) Authorization.--The Secretary may carry out 
     rehabilitation of an eligible pump station, if the Secretary 
     determines that--
       ``(1) the pump station has a major deficiency; and
       ``(2) the rehabilitation is feasible.''; and
       (3) by striking subsection (f) and inserting the following:
       ``(f) Prioritization.--To the maximum extent practicable, 
     the Secretary shall prioritize the provision of assistance 
     under this section to economically disadvantaged 
     communities.''.

     SEC. 5314. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND 
                   PROTECTION PROGRAM.

       Section 510(a)(2) of the Water Resources Development Act of 
     1996 (110 Stat. 3759; 128 Stat. 1317) is amended--
       (1) in subparagraph (B), by inserting ``and streambanks'' 
     after ``shorelines'';
       (2) in subparagraph (E), by striking ``and'' at the end;
       (3) by redesignating subparagraph (F) as subparagraph (H); 
     and
       (4) by inserting after subparagraph (E) the following:
       ``(F) wastewater treatment and related facilities;
       ``(G) stormwater and drainage systems; and''.

     SEC. 5315. EVALUATION OF HYDROLOGIC CHANGES IN SOURIS RIVER 
                   BASIN.

       The Secretary is authorized to evaluate hydrologic changes 
     affecting the agreement entitled ``Agreement Between the 
     Government of Canada and the United States of America for 
     Water Supply and Flood Control in The Souris River Basin'', 
     signed in 1989.

     SEC. 5316. MEMORANDUM OF UNDERSTANDING RELATING TO BALDHILL 
                   DAM, NORTH DAKOTA.

       The Secretary may enter into a memorandum of understanding 
     with the non-Federal interest for the Red River Valley Water 
     Supply Project to accommodate flows for downstream users 
     through Baldhill Dam, North Dakota.

     SEC. 5317. UPPER MISSISSIPPI RIVER RESTORATION PROGRAM.

       Section 1103(e)(3) of the Water Resources Development Act 
     of 1986 (33 U.S.C. 652(e)(3)) is amended by striking 
     ``$40,000,000'' and inserting ``$75,000,000''.

     SEC. 5318. HARMFUL ALGAL BLOOM DEMONSTRATION PROGRAM.

       Section 128(c) of the Water Resources Development Act of 
     2020 (33 U.S.C. 610 note; Public Law 116-260) is amended by 
     inserting ``the Upper Mississippi River and its 
     tributaries,'' after ``New York,''.

     SEC. 5319. COLLETON COUNTY, SOUTH CAROLINA.

       Section 221(a)(4)(C)(i) of the Flood Control Act of 1970 
     (42 U.S.C. 1962d-5b(a)(4)(C)(i)) shall not apply to 
     construction carried out by the non-Federal interest before 
     the date of enactment of this Act for the project for 
     hurricane and storm damage risk reduction, Colleton County, 
     South Carolina, authorized by section 1401(3) of the Water 
     Resources Development Act of 2016 (130 Stat. 1711).

[[Page S5376]]

  


     SEC. 5320. ARKANSAS RIVER CORRIDOR, OKLAHOMA.

       Section 3132 of the Water Resources Development Act of 2007 
     (121 Stat. 1141) is amended by striking subsection (b) and 
     inserting the following:
       ``(b) Authorized Cost.--The Secretary is authorized to 
     carry out construction of a project under this section at a 
     total cost of $128,400,000, with the cost shared in 
     accordance with section 103 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2213).
       ``(c) Additional Feasibility Studies Authorized.--
       ``(1) In general.--The Secretary is authorized to carry out 
     feasibility studies for purposes of recommending to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives additional projects under this 
     section.
       ``(2) Treatment.--An additional feasibility study carried 
     out under this subsection shall be considered a continuation 
     of the feasibility study that formulated the project carried 
     out under subsection (b).''.

     SEC. 5321. ABANDONED AND INACTIVE NONCOAL MINE RESTORATION.

       Section 560 of the Water Resources Development Act of 1999 
     (33 U.S.C. 2336) is amended--
       (1) in subsection (c), by inserting ``or on land taken into 
     trust by the Secretary of the Interior on behalf of, and for 
     the benefit of, an Indian Tribe'' after ``land owned by the 
     United States''; and
       (2) in subsection (f), by striking ``$30,000,000'' and 
     inserting ``$50,000,000''.

     SEC. 5322. ASIAN CARP PREVENTION AND CONTROL PILOT PROGRAM.

       Section 509(a)(2) of the Water Resources Development Act of 
     2020 (33 U.S.C. 610 note; Public Law 116-260) is amended--
       (1) in subparagraph (A), by striking ``or Tennessee River 
     Watershed'' and inserting ``, Tennessee River Watershed, or 
     Tombigbee River Watershed''; and
       (2) in subparagraph (C)(i), by inserting ``, of which not 
     less than 1 shall be carried out on the Tennessee-Tombigbee 
     Waterway'' before the period at the end.

     SEC. 5323. FORMS OF ASSISTANCE.

       Section 592(b) of the Water Resources Development Act of 
     1999 (113 Stat. 379) is amended by striking ``and surface 
     water resource protection and development'' and inserting 
     ``surface water resource protection and development, 
     stormwater management, drainage systems, and water quality 
     enhancement''.

     SEC. 5324. DEBRIS REMOVAL, NEW YORK HARBOR, NEW YORK.

       (a) In General.--Beginning on the date of enactment of this 
     Act, the project for New York Harbor collection and removal 
     of drift, authorized by section 91 of the Water Resources 
     Development Act of 1974 (88 Stat. 39), and deauthorized 
     pursuant to section 6001 of the Water Resources Reform and 
     Development Act of 2014 (33 U.S.C. 579b) (as in effect on the 
     day before the date of enactment of the WIIN Act (130 Stat. 
     1628)), is authorized to be carried out by the Secretary.
       (b) Feasibility Study.-- The Secretary shall carry out, and 
     submit to the Committee on Environment and Public Works of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report on 
     the results of, a feasibility study for the project described 
     in subsection (a).

     SEC. 5325. INVASIVE SPECIES MANAGEMENT.

       Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 
     610) is amended--
       (1) in subsection (b)(2)(A)(ii)--
       (A) by striking ``$50,000,000'' and inserting 
     ``$75,000,000''; and
       (B) by striking ``2024'' and inserting ``2028''; and
       (2) in subsection (g)(2)--
       (A) in subparagraph (A)--
       (i) by striking ``water quantity or water quality'' and 
     inserting ``water quantity, water quality, or ecosystems''; 
     and
       (ii) by inserting ``the Lake Erie Basin, the Ohio River 
     Basin,'' after ``the Upper Snake River Basin,''; and
       (B) in subparagraph (B), by inserting ``, hydrilla 
     (Hydrilla verticillata),'' after ``angustifolia)''.

     SEC. 5326. WOLF RIVER HARBOR, TENNESSEE.

       Beginning on the date of enactment of this Act, the project 
     for navigation, Wolf River Harbor, Tennessee, authorized by 
     title II of the Act of June 16, 1933 (48 Stat. 200, chapter 
     90) (commonly known as the ``National Industrial Recovery 
     Act''), and modified by section 203 of the Flood Control Act 
     of 1958 (72 Stat. 308), is modified to reduce the authorized 
     dimensions of the project, such that the remaining authorized 
     dimensions are a 250-foot-wide, 9-foot-depth channel with a 
     center line beginning at a point 35.139634, -90.062343 and 
     extending approximately 8,500 feet to a point 35.160848, -
     90.050566.

     SEC. 5327. MISSOURI RIVER MITIGATION, MISSOURI, KANSAS, IOWA, 
                   AND NEBRASKA.

       The matter under the heading ``missouri river mitigation, 
     missouri, kansas, iowa, and nebraska'' in section 601(a) of 
     the Water Resources Development Act of 1986 (100 Stat. 4143; 
     121 Stat. 1155), as modified by section 334 of the Water 
     Resources Development Act of 1999 (113 Stat. 306), is amended 
     by adding at the end the following: ``When acquiring land to 
     meet the requirements of fish and wildlife mitigation, the 
     Secretary may consider incidental flood risk management 
     benefits.''.

     SEC. 5328. INVASIVE SPECIES MANAGEMENT PILOT PROGRAM.

       Section 104(f)(4) of the River and Harbor Act of 1958 (33 
     U.S.C. 610(f)(4)) is amended by striking ``2024'' and 
     inserting ``2026''.

     SEC. 5329. NUECES COUNTY, TEXAS, CONVEYANCES.

       (a) In General.--On receipt of a written request of the 
     Port of Corpus Christi, the Secretary shall--
       (1) review the land owned and easements held by the United 
     States for purposes of navigation in Nueces County, Texas; 
     and
       (2) convey to the Port of Corpus Christi or, in the case of 
     an easement, release to the owner of the fee title to the 
     land subject to such easement, without consideration, all 
     such land and easements described in paragraph (1) that the 
     Secretary determines are no longer required for project 
     purposes.
       (b) Conditions.--
       (1) Quitclaim deed.--Any conveyance of land under this 
     section shall be by quitclaim deed.
       (2) Terms and conditions.--The Secretary may subject any 
     conveyance or release of easement under this section to such 
     terms and conditions as the Secretary determines necessary 
     and advisable to protect the United States.
       (c) Administrative Costs.--In accordance with section 2695 
     of title 10, United States Code, the Port of Corpus Christi 
     shall be responsible for the costs incurred by the Secretary 
     to convey land or release easements under this section.
       (d) Waiver of Real Property Screening Requirements.--
     Section 2696 of title 10, United States Code, shall not apply 
     to the conveyance of land or release of easements under this 
     section.

     SEC. 5330. MISSISSIPPI DELTA HEADWATERS, MISSISSIPPI.

       As part of the authority of the Secretary to carry out the 
     project for flood damage reduction, bank stabilization, and 
     sediment and erosion control, Yazoo Basin, Mississippi Delta 
     Headwaters, Mississippi, authorized by the matter under the 
     heading ``enhancement of water resource benefits and for 
     emergency disaster work'' in title I of Public Law 98-8 (97 
     Stat. 22), the Secretary may carry out emergency maintenance 
     activities, as the Secretary determines to be necessary, for 
     features of the project completed before the date of 
     enactment of this Act.

     SEC. 5331. ECOSYSTEM RESTORATION, HUDSON-RARITAN ESTUARY, NEW 
                   YORK AND NEW JERSEY.

       (a) In General.--The Secretary may carry out additional 
     feasibility studies for ecosystem restoration, Hudson-Raritan 
     Estuary, New York and New Jersey, including an examination of 
     measures and alternatives at Baisley Pond Park and the 
     Richmond Terrace Wetlands.
       (b) Treatment.--A feasibility study carried out under 
     subsection (a) shall be considered a continuation of the 
     study that formulated the project for ecosystem restoration, 
     Hudson-Raritan Estuary, New York and New Jersey, authorized 
     by section 401(5) of the Water Resources Development Act of 
     2020 (134 Stat. 2740).

     SEC. 5332. TIMELY REIMBURSEMENT.

       (a) Definition of Covered Project.--In this section, the 
     term ``covered project'' means a project for navigation 
     authorized by section 1401(1) of the WIIN Act (130 Stat. 
     1708).
       (b) Reimbursement Required.--In the case of a covered 
     project for which the non-Federal interest has advanced funds 
     for construction of the project, the Secretary shall 
     reimburse the non-Federal interest for advanced funds that 
     exceed the non-Federal share of the cost of construction of 
     the project as soon as practicable after the completion of 
     each individual contract for the project.

     SEC. 5333. NEW SAVANNAH BLUFF LOCK AND DAM, GEORGIA AND SOUTH 
                   CAROLINA.

       Section 1319(c) of the WIIN Act (130 Stat. 1704) is amended 
     by striking paragraph (2) and inserting the following:
       ``(2) Cost-share.--
       ``(A) In general.--The costs of construction of a Project 
     feature constructed pursuant to paragraph (1) shall be 
     determined in accordance with section 101(a)(1)(B) of the 
     Water Resources Development Act of 1986 (33 U.S.C. 
     2211(a)(1)(B)).
       ``(B) Savings provision.--Any increase in costs for the 
     Project due to the construction of a Project feature 
     described in subparagraph (A) shall not be included in the 
     total project cost for purposes of section 902 of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2280).''.

     SEC. 5334. LAKE TAHOE BASIN RESTORATION, NEVADA AND 
                   CALIFORNIA.

       (a) Definition.--In this section, the term ``Lake Tahoe 
     Basin'' means the entire watershed drainage of Lake Tahoe 
     including that portion of the Truckee River 1,000 feet 
     downstream from the United States Bureau of Reclamation dam 
     in Tahoe City, California.
       (b) Establishment of Program.--The Secretary may establish 
     a program for providing environmental assistance to non-
     Federal interests in Lake Tahoe Basin.
       (c) Form of Assistance.--Assistance under this section may 
     be in the form of planning, design, and construction 
     assistance for water-related environmental infrastructure and 
     resource protection and development projects in Lake Tahoe 
     Basin--
       (1) urban stormwater conveyance, treatment and related 
     facilities;
       (2) watershed planning, science and research;

[[Page S5377]]

       (3) environmental restoration; and
       (4) surface water resource protection and development.
       (d) Public Ownership Requirement.--The Secretary may 
     provide assistance for a project under this section only if 
     the project is publicly owned.
       (e) Local Cooperation Agreement.--
       (1) In general.--Before providing assistance under this 
     section, the Secretary shall enter into a local cooperation 
     agreement with a non-Federal interest to provide for design 
     and construction of the project to be carried out with the 
     assistance.
       (2) Requirements.--Each local cooperation agreement entered 
     into under this subsection shall provide for the following:
       (A) Plan.--Development by the Secretary, in consultation 
     with appropriate Federal and State and Regional officials, of 
     appropriate environmental documentation, engineering plans 
     and specifications.
       (B) Legal and institutional structures.--Establishment of 
     such legal and institutional structures as are necessary to 
     ensure the effective long-term operation of the project by 
     the non-Federal interest.
       (3) Cost sharing.--
       (A) In general.--The Federal share of project costs under 
     each local cooperation agreement entered into under this 
     subsection shall be 75 percent. The Federal share may be in 
     the form of grants or reimbursements of project costs.
       (B) Credit for design work.--The non-Federal interest shall 
     receive credit for the reasonable costs of planning and 
     design work completed by the non-Federal interest before 
     entering into a local cooperation agreement with the 
     Secretary for a project.
       (C) Land, easements, rights-of-way, and relocations.--The 
     non-Federal interest shall receive credit for land, 
     easements, rights-of-way, and relocations provided by the 
     non-Federal interest toward the non-Federal share of project 
     costs (including all reasonable costs associated with 
     obtaining permits necessary for the construction, operation, 
     and maintenance of the project on publicly owned or 
     controlled land), but not to exceed 25 percent of total 
     project costs.
       (D) Operation and maintenance.--The non-Federal share of 
     operation and maintenance costs for projects constructed with 
     assistance provided under this section shall be 100 percent.
       (f) Applicability of Other Federal and State Laws.--Nothing 
     in this section waives, limits, or otherwise affects the 
     applicability of any provision of Federal or State law that 
     would otherwise apply to a project to be carried out with 
     assistance provided under this section.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section for the period 
     beginning with fiscal year 2005, $50,000,000, to remain 
     available until expended.
       (h) Repeal.--Section 108 of division C of the Consolidated 
     Appropriations Act, 2005 (118 Stat. 2942), is repealed.
       (i) Treatment.--The program authorized by this section 
     shall be considered a continuation of the program authorized 
     by section 108 of division C of the Consolidated 
     Appropriations Act, 2005 (118 Stat. 2942) (as in effect on 
     the day before the date of enactment of this Act).

     SEC. 5335. ADDITIONAL ASSISTANCE FOR EASTERN SANTA CLARA 
                   BASIN, CALIFORNIA.

       Section 111 of title I of division B of the Miscellaneous 
     Appropriations Act, 2001 (as enacted by section 1(a)(4) of 
     the Consolidated Appropriations Act, 2001 (114 Stat. 2763; 
     114 Stat. 2763A-224; 121 Stat. 1209)), is amended--
       (1) in subsection (a), by inserting ``and volatile organic 
     compounds'' after ``perchlorates''; and
       (2) in subsection (b)(3), by inserting ``and volatile 
     organic compounds'' after ``perchlorates''.

     SEC. 5336. TRIBAL PARTNERSHIP PROGRAM.

       Section 203 of the Water Resources Development Act of 2000 
     (33 U.S.C. 2269) is amended--
       (1) in subsection (a), by striking ``(25 U.S.C. 450b)'' and 
     inserting ``(25 U.S.C. 5304)'';
       (2) in subsection (b)--
       (A) in paragraph (2)(A)--
       (i) by inserting ``or coastal storm'' after ``flood''; and
       (ii) by inserting ``including erosion control,'' after 
     ``reduction,'';
       (B) in paragraph (3), by adding at the end the following:
       ``(C) Federal interest determination.--The first $100,000 
     of the costs of a study under this section shall be at full 
     Federal expense.'';
       (C) in paragraph (4)--
       (i) in subparagraph (A), by striking ``$18,500,000'' and 
     inserting ``$26,000,000''; and
       (ii) in subparagraph (B), by striking ``$18,500,000'' and 
     inserting ``$26,000,000''; and
       (D) by adding at the end the following:
       ``(5) Project justification.--Notwithstanding any other 
     provision of law or requirement for economic justification 
     established under section 209 of the Flood Control Act of 
     1970 (42 U.S.C. 1962-2) for a project (other than a project 
     for ecosystem restoration), the Secretary may implement a 
     project under this section if the Secretary determines that 
     the project will--
       ``(A) significantly reduce potential flood or coastal storm 
     damages, which may include or be limited to damages due to 
     shoreline erosion or riverbank or streambank failures;
       ``(B) improve the quality of the environment;
       ``(C) reduce risks to life safety associated with the 
     damages described in subparagraph (A); and
       ``(D) improve the long-term viability of the community.'';
       (3) in subsection (d)(5)(B)--
       (A) by striking ``non-Federal'' and inserting ``Federal''; 
     and
       (B) by striking ``50 percent'' and inserting ``100 
     percent''; and
       (4) in subsection (e), by striking ``2024'' and inserting 
     ``2033''.

     SEC. 5337. SURPLUS WATER CONTRACTS AND WATER STORAGE 
                   AGREEMENTS.

       Section 1046(c) of the Water Resources Reform and 
     Development Act of 2014 (128 Stat. 1254; 132 Stat. 3784; 134 
     Stat. 2715) is amended--
       (1) by striking paragraph (3); and
       (2) by redesignating paragraph (4) as paragraph (3).

     SEC. 5338. COPAN LAKE, OKLAHOMA.

       (a) In General.--The Secretary shall amend Contract DACW56-
     81-C-0114 between the United States and the Copan Public 
     Works Authority (referred to in this section as the 
     ``Authority''), entered into on June 22, 1981, for the 
     utilization by the Authority of storage space for water 
     supply in Copan Lake, Oklahoma (referred to in this section 
     as the ``project'')--
       (1) to release to the United States all rights of the 
     Authority to utilize 4,750 acre-feet of future use water 
     storage space; and
       (2) to relieve the Authority from all financial 
     obligations, to include the initial project investment costs 
     and the accumulated interest on unpaid project investment 
     costs, for the volume of water storage space described in 
     paragraph (1).
       (b) Requirement.--During the 2-year period beginning on the 
     effective date of execution of the contract amendment under 
     subsection (a), the Secretary shall--
       (1) provide the City of Bartlesville, Oklahoma, with the 
     right of first refusal to contract for the utilization of 
     storage space for water supply for any portion of the storage 
     space that was released by the Authority under subsection 
     (a); and
       (2) ensure that the City of Bartlesville, Oklahoma, shall 
     not pay more than 110 percent of the initial project 
     investment cost per acre-foot of storage for the acre-feet of 
     storage space sought under an agreement under paragraph (1).

     SEC. 5339. ENHANCED DEVELOPMENT PROGRAM.

       The Secretary shall fully implement opportunities for 
     enhanced development at Oklahoma Lakes under the authorities 
     provided in section 3134 of the Water Resources Development 
     Act of 2007 (121 Stat. 1142; 130 Stat. 1671) and section 164 
     of the Water Resources Development Act of 2020 (134 Stat. 
     2668).

     SEC. 5340. ECOSYSTEM RESTORATION COORDINATION.

       (a) In General.--In carrying out the project for ecosystem 
     restoration, South Fork of the South Branch of the Chicago 
     River, Bubbly Creek, Illinois, authorized by section 401(5) 
     of the Water Resources Development Act of 2020 (134 Stat. 
     2740), the Secretary shall coordinate to the maximum extent 
     practicable with the Administrator of the Environmental 
     Protection Agency, State environmental agencies, and regional 
     coordinating bodies responsible for the remediation of 
     toxics.
       (b) Savings Provision.--Nothing in this section extends 
     liability to the Secretary for any remediation of toxics 
     present at the project site referred to in subsection (a) 
     prior to the date of authorization of that project.

     SEC. 5341. ACEQUIAS IRRIGATION SYSTEMS.

       Section 1113 of the Water Resources Development Act of 1986 
     (100 Stat. 4232) is amended--
       (1) in subsection (b)--
       (A) by striking ``(b) Subject to section 903(a) of this 
     Act, the Secretary is authorized and directed to undertake'' 
     and inserting the following:
       ``(b) Authorization.--Subject to section 903(a), the 
     Secretary shall carry out''; and
       (B) by striking ``canals'' and all that follows through 
     ``25 percent.'' and inserting the following: ``channels 
     attendant to the operations of the community ditch and 
     Acequia systems in New Mexico that--
       ``(1) are declared to be a political subdivision of the 
     State; or
       ``(2) belong to a federally recognized Indian Tribe.'';
       (2) by redesignating subsection (c) as subsection (e);
       (3) by inserting after subsection (b) the following:
       ``(c) Inclusions.--The measures described in subsection (b) 
     shall, to the maximum extent practicable--
       ``(1) ensure greater resiliency of diversion structures, 
     including to flow variations, prolonged drought conditions, 
     invasive plant species, and threats from changing 
     hydrological and climatic conditions; or
       ``(2) support research, development, and training for 
     innovative management solutions, including those for 
     controlling invasive aquatic plants that affect Acequias.
       ``(d) Costs.--
       ``(1) Total cost.--The measures described in subsection (b) 
     shall be carried out at a total cost of $80,000,000.
       ``(2) Cost sharing.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the non-Federal share of the cost of carrying out the 
     measures described in subsection (b) shall be 25 percent.
       ``(B) Special rule.--In the case of a project benefitting 
     an economically disadvantaged community (as defined pursuant

[[Page S5378]]

     to section 160 of the Water Resources Development Act of 2020 
     (33 U.S.C. 2201 note; Public Law 116-260)), the Federal share 
     of the cost of carrying out the measures described in 
     subsection (b) shall be 90 percent.''; and
       (4) in subsection (e) (as so redesignated)--
       (A) in the first sentence--
       (i) by striking ``(e) The Secretary is further authorized 
     and directed to'' and inserting the following:
       ``(e) Public Entity Status.--
       ``(1) In general.--The Secretary shall''; and
       (ii) by inserting ``or belong to a federally recognized 
     Indian Tribe within the State of New Mexico'' after ``that 
     State''; and
       (B) in the second sentence, by striking ``This public 
     entity status will allow the officials of these Acequia 
     systems'' and inserting the following:
       ``(2) Effect.--The public entity status provided pursuant 
     to paragraph (1) shall allow the officials of the Acequia 
     systems described in that paragraph''.

     SEC. 5342. ROGERS COUNTY, OKLAHOMA.

       (a) Conveyance.--The Secretary is authorized to convey to 
     the City of Tulsa-Rogers County Port Authority (referred to 
     in this section as the ``Port Authority''), for fair market 
     value, all right, title, and interest of the United States in 
     and to the Federal land described in subsection (b).
       (b) Federal Land Described.--
       (1) In general.--The Federal land to be conveyed under this 
     section is the approximately 176 acres of Federal land 
     located on the following 3 parcels in Rogers County, 
     Oklahoma:
       (A) Parcel 1 includes U.S. tract 119 (partial), U.S. tract 
     123, U.S. tract 120, U.S. tract 125, and U.S. tract 118 
     (partial).
       (B) Parcel 2 includes U.S. tract 124 (partial) and U.S. 
     tract 128 (partial).
       (C) Parcel 3 includes U.S. tract 128 (partial).
       (2) Determination required.--
       (A) In general.--Subject to paragraph (1) and subparagraphs 
     (B), (C), and (D), the Secretary shall determine the exact 
     property description and acreage of the Federal land to be 
     conveyed under this section.
       (B) Requirement.--In making the determination under 
     subparagraph (A), the Secretary shall reserve from conveyance 
     such easements, rights-of-way, and other interests as the 
     Secretary determines to be necessary and appropriate to 
     ensure the continued operation of the McClellan-Kerr Arkansas 
     River navigation project, including New Graham Lock and Dam 
     18 as a part of that project, as authorized under the 
     comprehensive plan for the Arkansas River Basin by section 3 
     of the Act of June 28, 1938 (52 Stat. 1218, chapter 795), and 
     section 10 of the Flood Control Act of 1946 (60 Stat. 647, 
     chapter 596) and where applicable the provisions of the River 
     and Harbor Act of 1946 (60 Stat. 634, chapter 595) and 
     modified by section 108 of the Energy and Water Development 
     Appropriation Act, 1988 (Public Law 100-202; 101 Stat. 1329-
     112), and section 136 of the Energy and Water Development 
     Appropriations Act, 2004 (Public Law 108-137; 117 Stat. 
     1842).
       (C) Obstructions to navigable capacity.--A conveyance under 
     this section shall not affect the jurisdiction of the 
     Secretary under section 10 of the Act of March 3, 1899 
     (commonly known as the ``Rivers and Harbors Act of 1899'') 
     (30 Stat. 1151, chapter 425; 33 U.S.C. 403) with respect to 
     the Federal land conveyed.
       (D) Survey required.--The exact acreage and the legal 
     description of any Federal land conveyed under this section 
     shall be determined by a survey that is satisfactory to the 
     Secretary.
       (c) Applicability.--Section 2696 of title 10, United States 
     Code, shall not apply to the conveyance under this section.
       (d) Costs.--The Port Authority shall be responsible for all 
     reasonable and necessary costs, including real estate 
     transaction and environmental documentation costs, associated 
     with the conveyance.
       (e) Hold Harmless.--
       (1) In general.--The Port Authority shall hold the United 
     States harmless from any liability with respect to activities 
     carried out on or after the date of the conveyance under this 
     section on the Federal land conveyed.
       (2) Limitation.--The United States shall remain responsible 
     for any liability incurred with respect to activities carried 
     out before the date of the conveyance under this section on 
     the Federal land conveyed.
       (f) Additional Terms and Conditions.--The Secretary may 
     require that the conveyance under this section be subject to 
     such additional terms and conditions as the Secretary 
     considers necessary and appropriate to protect the interests 
     of the United States.

     SEC. 5343. WATER SUPPLY STORAGE REPAIR, REHABILITATION, AND 
                   REPLACEMENT COSTS.

       Section 301(b) of the Water Supply Act of 1958 (43 U.S.C. 
     390b(b)) is amended, in the fourth proviso, by striking the 
     second sentence and inserting the following: ``For Corps of 
     Engineers projects, all annual operation and maintenance 
     costs for municipal and industrial water supply storage under 
     this section shall be reimbursed from State or local 
     interests on an annual basis, and all repair, rehabilitation, 
     and replacement costs shall be reimbursed from State or local 
     interests (1) without interest, during construction of the 
     repair, rehabilitation, or replacement, (2) with interest, in 
     lump sum on the completion of the repair, rehabilitation, or 
     replacement, or (3) at the request of the State or local 
     interest, with interest, over a period of not more than 25 
     years beginning on the date of completion of the repair, 
     rehabilitation, or replacement, with repayment contracts 
     providing for recalculation of the interest rate at 5-year 
     intervals. At the request of the State or local interest, the 
     Secretary of the Army shall amend a repayment contract 
     entered into under this section on or before the date of 
     enactment of this sentence for the purpose of incorporating 
     the terms and conditions described in paragraph (3) of the 
     preceding sentence.''.

     SEC. 5344. NON-FEDERAL PAYMENT FLEXIBILITY.

       Section 103(l) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2213(l)) is amended--
       (1) by striking the subsection designation and heading and 
     all that follows through ``At the request of'' in the first 
     sentence and inserting the following:
       ``(l) Delay of Payment.--
       ``(1) Initial payment.--At the request of''; and
       (2) by adding at the end the following:
       ``(2) Interest.--
       ``(A) In general.--At the request of any non-Federal 
     interest, the Secretary may waive the accrual of interest on 
     any non-Federal cash contribution under this section or 
     section 101 for a project for a period of not more than 1 
     year if the Secretary determines that--
       ``(i) the waiver will contribute to the ability of the non-
     Federal interest to make future contributions; and
       ``(ii) the non-Federal interest is in good standing under 
     terms agreed to under subsection (k)(1).
       ``(B) Limitations.--The Secretary may grant not more than 1 
     waiver under subparagraph (A) for the same project.''.

     SEC. 5345. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, TEXAS.

       The project for ecosystem restoration, North Padre Island, 
     Corpus Christi Bay, Texas, constructed by the Secretary prior 
     to the date of enactment of this Act under section 556 of the 
     Water Resources Development Act of 1999 (113 Stat. 353), 
     shall not be eligible for repair and restoration assistance 
     under section 5(a) of the Act of August 18, 1941 (commonly 
     known as the ``Flood Control Act of 1941'') (55 Stat. 650, 
     chapter 377; 33 U.S.C. 701n(a)).

     SEC. 5346. WAIVER OF NON-FEDERAL SHARE OF DAMAGES RELATED TO 
                   CERTAIN CONTRACT CLAIMS.

       In a case in which the Armed Services Board of Contract 
     Appeals or a court of competent jurisdiction rendered a 
     decision on a date that was at least 20 years before the date 
     of enactment of this Act awarding damages to a contractor 
     relating to the adjudication of claims arising from the 
     construction of general navigation features of a project 
     carried out under section 107 of the River and Harbor Act of 
     1960 (33 U.S.C. 577), notwithstanding the terms of the 
     Project Partnership Agreement, the Secretary shall waive 
     payment of the share of the non-Federal interest of such 
     damages, including attorney's fees, if the Secretary--
       (1) terminated construction of the project prior to 
     completion of all features; and
       (2) has not collected payment from the non-Federal interest 
     before the date of enactment of this Act.

     SEC. 5347. ALGIERS CANAL LEVEES, LOUISIANA.

       In accordance with section 328 of the Water Resources 
     Development Act of 1999 (113 Stat. 304; 121 Stat. 1129), the 
     Secretary shall resume operation, maintenance, repair, 
     rehabilitation, and replacement of the Algiers Canal Levees, 
     Louisiana, at full Federal expense.

     SEC. 5348. ISRAEL RIVER ICE CONTROL PROJECT, LANCASTER, NEW 
                   HAMPSHIRE.

       Beginning on the date of enactment of this Act, the project 
     for flood control, Israel River, Lancaster, New Hampshire, 
     authorized by section 205 of the Flood Control Act of 1948 
     (33 U.S.C. 701s) is no longer authorized.

     SEC. 5349. CITY OF EL DORADO, KANSAS.

       The Secretary shall amend Contract DACW56-72-C-0220, 
     between the United States and the City of El Dorado, Kansas, 
     entered into on June 30, 1972, for the utilization by the 
     City of storage space for water supply in El Dorado Lake, 
     Kansas, to change the method of calculation of the interest 
     charges that began accruing on June 30, 1991, on the 
     investment costs for the 72,087 acre-feet of future use 
     storage space, from compounding interest annually to charging 
     simple interest annually on the principal amount, until--
       (1) the City desires to convert the future use storage 
     space to present use; and
       (2) the principal amount plus the accumulated interest 
     becomes payable pursuant to the terms of the Contract.

     SEC. 5350. UPPER MISSISSIPPI RIVER PROTECTION.

       Section 2010 of the Water Resources Reform and Development 
     Act of 2014 (128 Stat. 1270; 132 Stat. 3812) is amended by 
     adding at the end the following:
       ``(f) Limitation.--The Secretary shall not recommend 
     deauthorization of the Upper St. Anthony Falls Lock and Dam 
     unless the Secretary identifies a willing and capable non-
     Federal public entity to assume ownership of the lock and 
     dam.
       ``(g) Modification.--The Secretary is authorized to 
     investigate the feasibility of modifying the Upper St. 
     Anthony Falls Lock and Dam to add ecosystem restoration, 
     including the prevention and control of invasive species, as 
     an authorized purpose.''.

[[Page S5379]]

  


     SEC. 5351. REGIONAL CORPS OF ENGINEERS OFFICE, CORPUS 
                   CHRISTI, TEXAS.

       (a) In General.--At such time as new facilities are 
     available to the Corps of Engineers, and subject to this 
     section, the Secretary shall convey to the Port of Corpus 
     Christi Authority, by deed and without warranty, all right, 
     title, and interest of the United States in and to the 
     property described in subsection (c).
       (b) Consideration.--Consideration for the conveyance under 
     subsection (a) shall be determined by an appraisal, 
     satisfactory to the Secretary, of the market value of the 
     property conveyed.
       (c) Description of Property.--The property referred to in 
     subsection (a) is the land known as ``Tract 100'' and ``Tract 
     101'', including improvements on that land, in Corpus 
     Christi, Texas, and described as follows:
       (1) Tract 100.-- The 1.89 acres, more or less, as conveyed 
     by the Nueces County Navigation District No. 1 of Nueces 
     County, Texas, to the United States by instrument dated 
     October 16, 1928, and recorded at Volume 193, pages 1 and 2, 
     in the Deed Records of Nueces County, Texas.
       (2) Tract 101.--The 0.53 acres as conveyed by the City of 
     Corpus Christi, Nueces County, Texas, to the United States by 
     instrument dated September 24, 1971, and recorded at Volume 
     318, pages 523 and 524, in the Deed Records of Nueces County, 
     Texas.
       (3) Improvements.--
       (A) Main Building (RPUID AO-C-3516), constructed January 9, 
     1974.
       (B) Garage, vehicle with 5 bays (RPUID AO-C-3517), 
     constructed January 9, 1985.
       (C) Bulkhead, Upper (RPUID AO-C-2658), constructed January 
     1, 1941.
       (D) Bulkhead, Lower (RPUID AO-C-3520), constructed January 
     1, 1933.
       (E) Bulkhead Fence (RPUID AO-C-3521), constructed January 
     9, 1985.
       (F) Bulkhead Fence (RPUID AO-C-3522), constructed January 
     9, 1985.
       (d) Terms and Conditions.--
       (1) In general.--Before conveying the land described in 
     subsection (c) to the Port of Corpus Christi Authority, the 
     Secretary shall ensure that the conditions of buildings and 
     facilities meet applicable requirements under Federal law, as 
     determined by the Secretary.
       (2) Improvements.--Improvements to conditions of buildings 
     and facilities on the land described in subsection (c), if 
     any, shall be incorporated into the consideration required 
     under subsection (b).
       (3) Costs of conveyance.--In addition to the fair market 
     value for property rights conveyed, the Port of Corpus 
     Christi Authority shall be responsible for all reasonable and 
     necessary costs, including real estate transaction and 
     environmental documentation costs, associated with the 
     conveyance under subsection (a).

     SEC. 5352. PILOT PROGRAM FOR GOOD NEIGHBOR AUTHORITY ON CORPS 
                   OF ENGINEERS LAND.

       (a) Definitions.--In this section:
       (1) Authorized restoration services.--The term ``authorized 
     restoration services'' means similar and complementary 
     forest, rangeland, and watershed restoration services carried 
     out--
       (A) on Federal land; and
       (B) by the Secretary or Governor pursuant to a good 
     neighbor agreement.
       (2) Federal land.--
       (A) In general.--The term ``Federal land'' means land 
     within the State that is administered by the Corps of 
     Engineers.
       (B) Exclusions.--The term ``Federal land'' does not 
     include--
       (i) a component of the National Wilderness Preservation 
     System;
       (ii) Federal land on which the removal of vegetation is 
     prohibited or restricted by an Act of Congress or a 
     Presidential proclamation (including the applicable 
     implementation plan); or
       (iii) a wilderness study area.
       (3) Forest, rangeland, and watershed services.--
       (A) In general.--The term ``forest, rangeland, and 
     watershed restoration services'' means--
       (i) activities to treat insect-infected and disease-
     infected trees;
       (ii) activities to reduce hazardous fuels; and
       (iii) any other activities to restore or improve forest, 
     rangeland, and watershed health, including fish and wildlife 
     habitat.
       (B) Exclusions.--The term ``forest, rangeland, and 
     watershed restoration services'' does not include--
       (i) construction, reconstruction, repair, or restoration of 
     paved or permanent roads or parking areas, other than the 
     reconstruction, repair, or restoration of a road that is 
     necessary to carry out authorized restoration services 
     pursuant to a good neighbor agreement; and
       (ii) construction, alteration, repair or replacement of 
     public buildings or public works.
       (4) Good neighbor agreement.--The term ``good neighbor 
     agreement'' means a cooperative agreement or contract 
     (including a sole source contract) entered into between the 
     Secretary and Governor under subsection (b)(1)(A) to carry 
     out authorized restoration services under this section.
       (5) Governor.--The term ``Governor'' means the Governor or 
     any other appropriate executive official of the State.
       (6) Road.--The term ``road'' has the meaning given the term 
     in section 212.1 of title 36, Code of Federal Regulations (as 
     in effect on February 7, 2014).
       (7) State.--The term ``State'' means the State of Idaho.
       (b) Good Neighbor Agreements.--
       (1) Good neighbor agreements.--
       (A) In general.--The Secretary may carry out a pilot 
     program to enter into good neighbor agreements with the 
     Governor to carry out authorized restoration services in the 
     State in accordance with this section.
       (B) Public availability.--The Secretary shall make each 
     good neighbor agreement available to the public.
       (C) Administrative costs.--The Governor shall provide, and 
     the Secretary may accept and expend, funds to cover the costs 
     of the Secretary to enter into and administer a good neighbor 
     agreement.
       (D) Termination.--The pilot program under subparagraph (A) 
     shall terminate on October 1, 2028.
       (2) Timber sales.--
       (A) Approval of silviculture prescriptions and marking 
     guides.--The Secretary shall provide or approve all 
     silviculture prescriptions and marking guides to be applied 
     on Federal land in all timber sale projects conducted under 
     this section.
       (B) Treatment of revenue.--Except as provided in 
     subparagraph (C), funds received from the sale of timber by 
     the Governor under a good neighbor agreement shall be 
     retained and used by the Governor to carry out authorized 
     restoration services under the good neighbor agreement.
       (C) Excess revenue.--
       (i) In general.--Any funds remaining after carrying out 
     subparagraph (B) that are in excess of the amount provided by 
     the Governor to the Secretary under paragraph (1)(C) shall be 
     returned to the Secretary.
       (ii) Applicability of certain provisions.--Funds returned 
     to the Secretary under clause (i) shall be subject to the 
     first part of section 5 of the Act of June 13, 1902 (commonly 
     known as the ``Rivers and Harbors Appropriations Act of 
     1902'') (32 Stat. 373, chapter 1079; 33 U.S.C. 558).
       (3) Retention of nepa responsibilities.--Any decision 
     required to be made under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any 
     authorized restoration services to be provided under this 
     section on Federal land shall not be delegated to the 
     Governor.

     SEC. 5353. SOUTHEAST DES MOINES, SOUTHWEST PLEASANT HILL, 
                   IOWA.

       (a) Project Modifications.--The project for flood risk 
     management and other purposes, Red Rock Dam and Lake, Des 
     Moines River, Iowa (referred to in this section as the ``Red 
     Rock Dam Project''), authorized by section 10 of the Act of 
     December 22, 1944 (commonly known as the ``Flood Control Act 
     of 1944'') (58 Stat. 896, chapter 665), and the project for 
     flood risk management, Des Moines Local Flood Protection, Des 
     Moines River, Iowa (referred to in this section as ``Flood 
     Protection Project''), authorized by section 10 of that Act 
     (58 Stat. 896, chapter 665), shall be modified as follows, 
     subject to a new or amended agreement between the Secretary 
     and the non-Federal interest for the Flood Protection 
     Project, the City of Des Moines, Iowa (referred to in this 
     section as the ``City''), in accordance with section 221 of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b):
       (1) That portion of the Red Rock Dam Project consisting of 
     the segment of levee from Station 15+88.8W to Station 
     77+43.7W shall be transferred to the Flood Protection 
     Project.
       (2) The relocated levee improvement constructed by the 
     City, from Station 77+43.7W to approximately Station 20+00, 
     shall be included in the Flood Protection Project.
       (b) Federal Easement Conveyances.--
       (1) The Secretary is authorized to convey the following 
     easements, acquired by the Federal Government for the Red 
     Rock Dam Project, to the City to become part of the Flood 
     Protection Project in accordance with subsection (a):
       (A) Easements identified as Tracts 3215E-1, 3235E, and 
     3227E.
       (B) Easements identified as Partial Tracts 3216E-2, 3216E-
     3, 3217E-1, and 3217E-2.
       (2) On counter-execution of the new or amended agreement 
     pursuant to the Federal easement conveyances under paragraph 
     (1), the Secretary is authorized to convey the following 
     easements, by quitclaim deed, without consideration, acquired 
     by the Federal Government for the Red Rock Dam project, to 
     the City or to the Des Moines Metropolitan Wastewater 
     Reclamation Authority and no longer required for the Red Rock 
     Dam Project or for the Des Moines Local Flood Protection 
     Project:
       (A) Easements identified as Tracts 3200E, 3202E-1, 3202E-2, 
     3202E-4, 3203E-2, 3215E-3, 3216E-1, and 3216E-5.
       (B) Easements identified as Partial Tracts 3216E-2, 3216E-
     3, 3217E-1, and 3217E-2.
       (3) All real property interests conveyed under this 
     subsection shall be subject to the standard release of 
     easement disposal process. All administrative fees associated 
     with the transfer of the subject easements to the City or to 
     the Des Moines Metropolitan Wastewater Reclamation Authority 
     will be borne by the transferee.

     SEC. 5354. MIDDLE RIO GRANDE FLOOD PROTECTION, BERNALILLO TO 
                   BELEN, NEW MEXICO.

       In the case of the project for flood risk management, 
     Middle Rio Grande, Bernalillo to Belen, New Mexico, 
     authorized by section 401(2) of the Water Resources 
     Development Act of 2020 (134 Stat. 2735), the non-Federal 
     share of the cost of the project shall be the percentage 
     described in section 103(a)(2) of the Water Resources 
     Development Act of

[[Page S5380]]

     1986 (33 U.S.C. 2213(a)(2)) (as in effect on the day before 
     the date of enactment of the Water Resources Development Act 
     of 1996 (110 Stat. 3658)).

     SEC. 5355. COMPREHENSIVE EVERGLADES RESTORATION PLAN, 
                   FLORIDA.

       (a) In General.--Section 601(e)(5) of the Water Resources 
     Development Act of 2000 (114 Stat. 2685; 132 Stat. 3786) is 
     amended by striking subparagraph (E) and inserting the 
     following:
       ``(E) Periodic monitoring.--
       ``(i) In general.--To ensure that the contributions of the 
     non-Federal sponsor equal 50 percent proportionate share for 
     projects in the Plan, during each period of 5 fiscal years, 
     beginning on October 1, 2022, the Secretary shall, for each 
     project--

       ``(I) monitor the non-Federal provision of cash, in-kind 
     services, and land; and
       ``(II) manage, to the maximum extent practicable, the 
     requirement of the non-Federal sponsor to provide cash, in-
     kind services, and land.

       ``(ii) Other monitoring.--The Secretary shall conduct 
     monitoring under clause (i) separately for the 
     preconstruction engineering and design phase and the 
     construction phase for each project in the Plan.
       ``(iii) Clarification.--Not later than 90 days after the 
     end of each fiscal year, the Secretary shall provide to the 
     non-Federal sponsor a financial accounting of non-Federal 
     contributions under clause (i)(I) for such fiscal year.
       ``(iv) Limitation.--As applicable, and after including 
     consideration of all expenditures and obligations incurred by 
     the non-Federal sponsor for land and in-kind services for an 
     authorized project for which a project partnership agreement 
     has not been executed, the Secretary shall only require a 
     cash contribution from the non-Federal sponsor to satisfy the 
     cost share requirements of this subsection on the last day of 
     each period of 5 fiscal years under clause (i).''.
       (b) Update.--The Secretary and the South Florida Water 
     Management District shall revise the Master Agreement for the 
     Comprehensive Everglades Restoration Plan, executed in 2009 
     pursuant to section 601 of the Water Resources Development 
     Act of 2000 (114 Stat. 2680), to reflect the amendment made 
     by subsection (a).

     SEC. 5356. MAINTENANCE DREDGING PERMITS.

       (a) In General.--The Secretary shall, to the maximum extent 
     practicable and appropriate, prioritize the reissuance of any 
     regional general permit for maintenance dredging that expired 
     prior to May 1, 2021.
       (b) Savings Provision.--Nothing in this section affects, 
     preempts, or interferes with any obligation to comply with 
     the provisions of any Federal or State environmental law, 
     including--
       (1) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (2) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.); and
       (3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.).

     SEC. 5357. PUGET SOUND NEARSHORE ECOSYSTEM RESTORATION, 
                   WASHINGTON.

       In carrying out the project for ecosystem restoration, 
     Puget Sound, Washington, authorized by section 1401(4) of the 
     Water Resources Development Act of 2016 (130 Stat. 1713), the 
     Secretary shall consider the removal and replacement of the 
     Highway 101 causeway and bridges at the Duckabush River 
     Estuary site to be a project feature the costs of which are 
     shared as construction.

     SEC. 5358. TRIBAL ASSISTANCE.

       (a) Clarification of Existing Authority.--
       (1) In general.--Subject to paragraph (2), the Secretary, 
     in consultation with the heads of relevant Federal agencies, 
     the Confederated Tribes of the Warm Springs Indian 
     Reservation of Oregon, the Confederated Tribes and Bands of 
     the Yakama Nation, Nez Perce Tribe, and the Confederated 
     Tribes of the Umatilla Indian Reservation, shall revise and 
     carry out the village development plan for Dalles Dam, 
     Columbia River, Washington and Oregon, as authorized by 
     section 204 of the Flood Control Act of 1950 (64 Stat. 179, 
     chapter 188) to address adverse impacts to Indian villages, 
     housing sites, and related structures as a result of the 
     construction of Bonneville Dam, McNary Dam, and John Day Dam, 
     Washington and Oregon.
       (2) Examination.--Before carrying out the requirements of 
     paragraph (1), the Secretary shall conduct an examination and 
     assessment of the extent to which Indian villages, housing 
     sites, and related structures were displaced or destroyed by 
     the construction of the following projects:
       (A) Bonneville Dam, Oregon, as authorized by the first 
     section of the Act of August 30, 1935 (49 Stat. 1038, chapter 
     831) and the first section and section 2(a) of the Act of 
     August 20, 1937 (50 Stat. 731, chapter 720; 16 U.S.C. 832, 
     832a(a)).
       (B) McNary Dam, Washington and Oregon, as authorized by 
     section 2 of the Act of March 2, 1945 (commonly known as the 
     ``River and Harbor Act of 1945'') (59 Stat. 22, chapter 19).
       (C) John Day Dam, Washington and Oregon, as authorized by 
     section 204 of the Flood Control Act of 1950 (64 Stat. 179, 
     chapter 188).
       (3) Requirements.--The village development plan under 
     paragraph (1) shall include, at a minimum--
       (A) an evaluation of sites on both sides of the Columbia 
     River;
       (B) an assessment of suitable Federal land and land owned 
     by the States of Washington and Oregon; and
       (C) an estimated cost and tentative schedule for the 
     construction of each housing development.
       (4) Location of assistance.--The Secretary may provide 
     housing and related assistance under this subsection at 1 or 
     more sites in the States of Washington and Oregon.
       (b) Provision of Assistance on Federal Land.--The Secretary 
     may construct housing or provide related assistance on land 
     owned by the United States under the village development plan 
     under subsection (a)(1).
       (c) Acquisition and Disposal of Land.--
       (1) In general.--Subject to subsection (d), the Secretary 
     may acquire land or interests in land for the purpose of 
     providing housing and related assistance under the village 
     development plan under subsection (a)(1).
       (2) Advance acquisition.--Acquisition of land or interests 
     in land under paragraph (1) may be carried out in advance of 
     completion of all required documentation and clearances for 
     the construction of housing or related improvements on the 
     land or on the interests in land.
       (3) Disposal of unsuitable land.--If the Secretary 
     determines that any land or interest in land acquired by the 
     Secretary under this section in advance of completion of all 
     required documentation for the construction of housing or 
     related improvements is unsuitable for that housing or for 
     those related improvements, the Secretary may--
       (A) dispose of the land or interest in land by sale; and
       (B) credit the proceeds to the appropriation, fund, or 
     account used to purchase the land or interest in land.
       (d) Limitation.--The Secretary shall only acquire land from 
     willing landowners in carrying out this section.
       (e) Conforming Amendment.--Section 1178(c) of the Water 
     Resources Development Act of 2016 (130 Stat. 1675; 132 Stat. 
     3781) is repealed.

     SEC. 5359. RECREATIONAL OPPORTUNITIES AT CERTAIN PROJECTS.

       (a) Definitions.--In this section:
       (1) Covered project.--The term ``covered project'' means 
     any of the following projects of the Corps of Engineers:
       (A) Ball Mountain Lake, Vermont.
       (B) Townshend Lake, Vermont.
       (2) Recreation.--The term ``recreation'' includes 
     downstream whitewater recreation that is dependent on 
     operations, recreational fishing, and boating at a covered 
     project.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary should--
       (1) ensure that, to the extent compatible with other 
     project purposes, each covered project is operated in such a 
     manner as to protect and enhance recreation associated with 
     the covered project; and
       (2) manage land at each covered project to improve 
     opportunities for recreation at the covered project.
       (c) Modification of Water Control Plans.--The Secretary may 
     modify, or undertake temporary deviations from, the water 
     control plan for a covered project in order to enhance 
     recreation, if the Secretary determines the modifications or 
     deviations--
       (1) will not adversely affect other authorized purposes of 
     the covered project; and
       (2) will not result in significant adverse impacts to the 
     environment.

     SEC. 5360. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED 
                   DAMS.

       Section 1177 of the Water Resources Development Act of 2016 
     (33 U.S.C. 467f-2 note; Public Law 114-322) is amended by 
     adding at the end the following:
       ``(g) Special Rule.--Notwithstanding subsection (c), the 
     non-Federal share of the cost to rehabilitate Waterbury Dam, 
     Washington County, Vermont, under this section, including the 
     cost of any required study, shall be the same share assigned 
     to the non-Federal interest for the cost of initial 
     construction of Waterbury Dam.''.

     SEC. 5361. SOUTH FLORIDA ECOSYSTEM RESTORATION TASK FORCE.

       Section 528(f)(1)(J) of the Water Resources Development Act 
     of 1996 (110 Stat. 3771) is amended--
       (1) by striking ``2 representatives'' and inserting ``3 
     representatives''; and
       (2) by inserting ``at least 1 of which shall be a 
     representative of the Florida Department of Environmental 
     Protection and at least 1 of which shall be a representative 
     of the Florida Fish and Wildlife Conservation Commission,'' 
     after ``Florida,''.

     SEC. 5362. NEW MADRID COUNTY HARBOR, MISSOURI.

       Section 509(a) of the Water Resources Development Act of 
     1996 (110 Stat. 3759; 113 Stat. 339; 114 Stat. 2679) is 
     amended by adding at the end the following:
       ``(18) Second harbor at New Madrid County Harbor, 
     Missouri.''.

     SEC. 5363. TRINITY RIVER AND TRIBUTARIES, TEXAS.

       Section 1201(7) of the Water Resources Development Act of 
     2018 (132 Stat. 3802) is amended by inserting ``flood risk 
     management, and ecosystem restoration,'' after 
     ``navigation,''.

     SEC. 5364. REND LAKE, CARLYLE LAKE, AND LAKE SHELBYVILLE, 
                   ILLINOIS.

       (a) In General.--Not later than 90 days after the date on 
     which the Secretary receives a request from the Governor of 
     Illinois to terminate a contract described in subsection (c), 
     the Secretary shall amend the contract to release to the 
     United States all rights of the State of Illinois to utilize 
     water

[[Page S5381]]

     storage space in the reservoir project to which the contract 
     applies.
       (b) Relief of Certain Obligations.--On execution of an 
     amendment described in subsection (a), the State of Illinois 
     shall be relieved of the obligation to pay the percentage of 
     the annual operation and maintenance expense, the percentage 
     of major replacement cost, and the percentage of major 
     rehabilitation cost allocated to the water supply storage 
     specified in the contract for the reservoir project to which 
     the contract applies.
       (c) Contracts.--Subsection (a) applies to the following 
     contracts between the United States and the State of 
     Illinois:
       (1) Contract DACW43-88-C-0088, entered into on September 
     23, 1988, for utilization of storage space for water supply 
     in Rend Lake, Illinois.
       (2) Contract DA-23-065-CIVENG-65-493, entered into on April 
     28, 1965, for utilization of storage space for water supply 
     in Rend Lake, Illinois.
       (3) Contract DACW43-83-C-0008, entered into on July 6, 
     1983, for utilization of storage space in Carlyle Lake, 
     Illinois.
       (4) Contract DACW43-83-C-0009, entered into on July 6, 
     1983, for utilization of storage space in Lake Shelbyville, 
     Illinois.

     SEC. 5365. FEDERAL ASSISTANCE.

       Section 1328(c) of the America's Water Infrastructure Act 
     of 2018 (132 Stat. 3826) is amended by striking ``4 years'' 
     and inserting ``8 years''.

     SEC. 5366. LAND TRANSFER AND TRUST LAND FOR CHOCTAW NATION OF 
                   OKLAHOMA.

       (a) Transfer.--
       (1) In general.--Subject to paragraph (2) and for the 
     consideration described in subsection (c), the Secretary 
     shall transfer to the Secretary of the Interior the land 
     described in subsection (b) to be held in trust for the 
     benefit of the Choctaw Nation.
       (2) Conditions.--The land transfer under this subsection 
     shall be subject to the following conditions:
       (A) The transfer--
       (i) shall not interfere with the operation by the Corps of 
     Engineers of the Sardis Lake Project or any other authorized 
     civil works project; and
       (ii) shall be subject to such other terms and conditions as 
     the Secretary determines to be necessary and appropriate to 
     ensure the continued operation of the Sardis Lake Project or 
     any other authorized civil works project.
       (B) The Secretary shall retain the right to inundate with 
     water the land transferred to the Choctaw Nation under this 
     subsection as necessary to carry out an authorized purpose of 
     the Sardis Lake Project or any other civil works project.
       (C) No gaming activities may be conducted on the land 
     transferred under this subsection.
       (b) Land Description.--
       (1) In general.--The land to be transferred pursuant to 
     subsection (a) is the approximately 247 acres of land located 
     in Sections 18 and 19 of T2N R18E, and Sections 5 and 8 of 
     T2N R19E, Pushmataha County, Oklahoma, generally depicted as 
     ``USACE'' on the map entitled ``Sardis Lake - Choctaw Nation 
     Proposal'' and dated February 22, 2022.
       (2) Survey.--The exact acreage and legal descriptions of 
     the land to be transferred under subsection (a) shall be 
     determined by a survey satisfactory to the Secretary and the 
     Secretary of the Interior.
       (c) Consideration.--The Choctaw Nation shall pay--
       (1) to the Secretary an amount that is equal to the fair 
     market value of the land transferred under subsection (a), as 
     determined by the Secretary, which funds may be accepted and 
     expended by the Secretary; and
       (2) all costs and administrative expenses associated with 
     the transfer of land under subsection (a), including the 
     costs of--
       (A) the survey under subsection (b)(2);
       (B) compliance with the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.); and
       (C) any coordination necessary with respect to requirements 
     related to endangered species, cultural resources, clean 
     water, and clean air.

     SEC. 5367. LAKE BARKLEY, KENTUCKY, LAND CONVEYANCE.

       (a) In General.--The Secretary is authorized to convey to 
     the Eddyville Riverport Authority (referred to in this 
     section as the ``Authority''), for fair market value, all 
     right, title, and interest of the United States in and to 
     approximately 2.2 acres of land adjacent to the southwestern 
     boundary of the port facilities of the Authority at the 
     Barkley Dam and Lake Barkley, Kentucky, project, authorized 
     by the River and Harbor Act of 1946 (60 Stat. 636, Public Law 
     79-525).
       (b) Conditions.--
       (1) Quitclaim deed.--Any conveyance of land under this 
     section shall be by quitclaim deed.
       (2) Reservation of rights.--The Secretary shall reserve 
     from a conveyance of land under this section such easements, 
     rights-of-way, or other interests as the Secretary determines 
     to be necessary and appropriate to the ensure the continued 
     operation of the project described in subsection (a).
       (3) Terms and conditions.--The Secretary may subject any 
     conveyance under this section to such terms and conditions as 
     the Secretary determines necessary and advisable to protect 
     the United States.
       (c) Administrative Costs.--The Authority shall be 
     responsible for all reasonable and necessary costs, including 
     real estate transaction and environmental documentation 
     costs, associated with a conveyance under this section.
       (d) Waiver of Real Property Screening Requirements.--
     Section 2696 of title 10, United States Code, shall not apply 
     to the conveyance of land under this section.

               TITLE LIV--WATER RESOURCES INFRASTRUCTURE

     SEC. 5401. PROJECT AUTHORIZATIONS.

       The following projects for water resources development and 
     conservation and other purposes, as identified in the reports 
     titled ``Report to Congress on Future Water Resources 
     Development'' submitted to Congress pursuant to section 7001 
     of the Water Resources Reform and Development Act of 2014 (33 
     U.S.C. 2282d) or otherwise reviewed by Congress, are 
     authorized to be carried out by the Secretary substantially 
     in accordance with the plans, and subject to the conditions, 
     described in the respective reports or decision documents 
     designated in this section:
       (1) Navigation.--

 
------------------------------------------------------------------------
                                C. Date of
                                Report or
A. State        B. Name          Decision         D. Estimated Costs
                                 Document
------------------------------------------------------------------------
1. AK     Elim Subsistence    March 12,      Federal: $74,905,000
           Harbor              2021          Non-Federal: $1,896,000
                                             Total: $76,801,000
------------------------------------------------------------------------
2. CA     Port of Long Beach  October 14,    Federal: $73,533,500
           Deep Draft          2021; May     Non-Federal: $74,995,500
           Navigation, Los     31, 2022      Total: $148,529,000
           Angeles
------------------------------------------------------------------------
3. WA     Tacoma Harbor       May 26, 2022   Federal: $120,701,000
           Navigation                        Non-Federal: $174,627,000
           Improvement                       Total: $295,328,000
------------------------------------------------------------------------
4. NY,    New Jersey Harbor   June 3, 2022   Federal: $2,124,561,500
 NJ        Deepening Channel                 Non-Federal: $3,439,337,500
           Improvement                       Total: $5,563,899,000
------------------------------------------------------------------------

       (2) Flood risk management.--

[[Page S5382]]



 
------------------------------------------------------------------------
                                C. Date of
                                Report or
A. State        B. Name          Decision         D. Estimated Costs
                                 Document
------------------------------------------------------------------------
1. AL     Selma               October 7,     Federal: $15,533,100
                               2021          Non-Federal: $8,363,900
                                             Total: $23,897,000
------------------------------------------------------------------------
2. CA     Lower Cache Creek,  June 21, 2021  Federal: $215,152,000
           Yolo County,                      Non-Federal: $115,851,000
           Woodland, and                     Total: $331,003,000
           Vicinity
------------------------------------------------------------------------
3. OR     Portland Metro      August 20,     Federal: $77,111,100
           Levee System        2021          Non-Federal: $41,521,300
                                             Total: $118,632,400
------------------------------------------------------------------------
4. NE     Papillion Creek     January 24,    Federal: $91,491,400
           and Tributaries     2022          Non-Federal: $52,156,300
           Lakes                             Total: $143,647,700
------------------------------------------------------------------------
5. AL     Valley Creek,       October 29,    Federal: $17,725,000
           Bessemer and        2021          Non-Federal: $9,586,000
           Birmingham                        Total: $27,311,000
------------------------------------------------------------------------
6. PR     Rio Guanajibo       May 24, 2022   Federal: $110,974,500
                                             Non-Federal: $59,755,500
                                             Total: $170,730,000
------------------------------------------------------------------------

       (3) Hurricane and storm damage risk reduction.--

 
------------------------------------------------------------------------
                                C. Date of
                                Report or
A. State        B. Name          Decision         D. Estimated Costs
                                 Document
------------------------------------------------------------------------
1. CT     Fairfield and New   January 19,    Federal: $92,937,000
           Haven Counties      2021          Non-Federal: $50,043,000
                                             Total: $142,980,000
------------------------------------------------------------------------
2. PR     San Juan Metro      September 16,  Federal: $245,418,000
                               2021          Non-Federal: $131,333,000
                                             Total: $376,751,000
------------------------------------------------------------------------
3. FL     Florida Keys,       September 24,  Federal: $1,513,531,000
           Monroe County       2021          Non-Federal: $814,978,000
                                             Total: $2,328,509,000
------------------------------------------------------------------------
4. FL     Okaloosa County     October 7,     Initial Federal:
                               2021           $19,822,000
                                             Initial Non-Federal:
                                              $11,535,000
                                             Initial Total: $31,357,000
                                             Renourishment Federal:
                                              $71,045,000
                                             Renourishment Non-Federal:
                                              $73,787,000
                                             Renourishment Total:
                                              $144,832,000
------------------------------------------------------------------------

[[Page S5383]]

 
5. SC     Folly Beach         October 26,    Initial Federal:
                               2021           $45,490,000
                                             Initial Non-Federal:
                                              $5,054,000
                                             Initial Total: $50,544,000
                                             Renourishment Federal:
                                              $164,424,000
                                             Renourishment Non-Federal:
                                              $26,767,000
                                             Renourishment Total:
                                              $191,191,000
------------------------------------------------------------------------
6. FL     Pinellas County     October 29,    Initial Federal: $8,627,000
                               2021          Initial Non-Federal:
                                              $5,332,000
                                             Initial Total: $13,959,000
                                             Renourishment Federal:
                                              $92,000,000
                                             Renourishment Non-Federal:
                                              $101,690,000
                                             Renourishment Total:
                                              $193,690,000
------------------------------------------------------------------------
7. NY     South Shore of      October 27,    Federal: $371,310,000
           Staten Island,      2016          Non-Federal: $199,940,000
           Fort Wadsworth to                 Total: $571,250,000
           Oakwood Beach
------------------------------------------------------------------------
8. LA     Upper Barataria     January 28,    Federal: $1,005,001,000
           Basin               2022          Non-Federal: $541,155,000
                                             Total: $1,546,156,000
------------------------------------------------------------------------
9. LA     South Central       June 23, 2022  Federal: $594,600,000
           Coast, St.                        Non-Federal: $320,169,000
           Martin, St. Mary,                 Total: $914,769,000
           and Iberia
           Parishes
------------------------------------------------------------------------

       (4) Hurricane and storm damage reduction and ecosystem 
     restoration.--

 
------------------------------------------------------------------------
                                C. Date of
                                Report or
A. State        B. Name          Decision         D. Estimated Costs
                                 Document
------------------------------------------------------------------------
1. TX     Coastal Texas       September 16,  Federal: $19,237,894,000
           Protection and      2021          Non-Federal:
           Restoration                        $11,668,393,000
           Feasibility Study                 Total: $30,906,287,000
------------------------------------------------------------------------

       (5) Ecosystem restoration.--

 
------------------------------------------------------------------------
                                C. Date of
                                Report or
A. State        B. Name          Decision         D. Estimated Costs
                                 Document
------------------------------------------------------------------------
1. CA     Prado Basin         April 22,      Federal: $33,976,000
           Ecosystem           2021          Non-Federal: $18,294,000
           Restoration, San                  Total: $52,270,000
           Bernardino,
           Riverside and
           Orange Counties
------------------------------------------------------------------------
2. KY     Three Forks of      May 24, 2022   Federal: $72,138,000
           Beargrass Creek                   Non-Federal: $48,998,000
                                             Total: $121,135,000
------------------------------------------------------------------------

       (6) Modifications and other projects.--

[[Page S5384]]



 
------------------------------------------------------------------------
                                C. Date of
                                Report or
A. State        B. Name          Decision         D. Estimated Costs
                                 Document
------------------------------------------------------------------------
1. LA     Lake Pontchartrain  December 16,   Federal: $807,000,000
           and Vicinity        2021          Non-Federal: $434,000,000
                                             Total: $1,241,000,000
------------------------------------------------------------------------
2. LA     West Bank and       December 17,   Federal: $431,000,000
           Vicinity            2021          Non-Federal: $232,000,000
                                             Total: $663,000,000
------------------------------------------------------------------------
3. GA     Brunswick Harbor,   March 11,      Federal: $10,774,500
           Glynn County        2022          Non-Federal: $3,594,500
                                             Total: $14,369,000
------------------------------------------------------------------------
4. DC     Washington, DC and  July 22, 2021  Federal: $17,740,000
           Vicinity                          Non-Federal: $0
                                             Total: $17,740,000
------------------------------------------------------------------------
5. MI     Soo Locks, Sault    June 6, 2022   Federal: $2,932,116,000
           Ste. Marie                        Non-Federal: $0
                                             Total: $2,932,116,000
------------------------------------------------------------------------
6. WA     Howard A. Hanson    May 19, 2022   Federal: $815,207,000
           Dam Additional                    Non-Federal: $39,979,000
           Water Storage                     Total: $855,185,000
------------------------------------------------------------------------
7. MO     Critical            January 13,    Federal: $5,956,404
           Infrastructure      2020          Non-Federal: $0
           Cyber Security -                  Total: $5,956,404
           Mandatory Center
           of Expertise Lab
           and Office
           Facility
------------------------------------------------------------------------
8. FL     Central and         May 31, 2022   Federal: $2,500,686,000
           Southern Florida,                 Non-Federal: $2,500,686,000
           Indian River                      Total: $5,001,372,000
           Lagoon
------------------------------------------------------------------------

     SEC. 5402. STORM DAMAGE PREVENTION AND REDUCTION, COASTAL 
                   EROSION, AND ICE AND GLACIAL DAMAGE, ALASKA.

       (a) In General.--The Secretary shall establish a program to 
     carry out structural and nonstructural projects for storm 
     damage prevention and reduction, coastal erosion, and ice and 
     glacial damage in the State of Alaska, including--
       (1) relocation of affected communities; and
       (2) construction of replacement facilities.
       (b) Cost Share.--The non-Federal interest shall share in 
     the cost to study, design, and construct a project carried 
     out under this section in accordance with sections 103 and 
     105 of the Water Resources Development Act of 1986 (33 U.S.C. 
     2213, 2215), except that, in the case of a project 
     benefitting an economically disadvantaged community (as 
     defined pursuant to section 160 of the Water Resources 
     Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-
     260)), the non-Federal share shall be 10 percent.
       (c) Repeal.--Section 116 of the Energy and Water 
     Development and Related Agencies Appropriations Act, 2010 
     (123 Stat. 2851), is repealed.
       (d) Treatment.--The program authorized by subsection (a) 
     shall be considered a continuation of the program authorized 
     by section 116 of the Energy and Water Development and 
     Related Agencies Appropriations Act, 2010 (123 Stat. 2851) 
     (as in effect on the day before the date of enactment of this 
     Act).

     SEC. 5403. EXPEDITED COMPLETION OF PROJECTS.

       The Secretary shall expedite completion of the following 
     projects:
       (1) Project for flood risk management, Cumberland, 
     Maryland, restoration and rewatering of the Chesapeake and 
     Ohio Canal, authorized by section 580 of the Water Resources 
     Development Act of 1999 (113 Stat. 375).
       (2) Project for flood risk management, Tulsa and West-Tulsa 
     Levee System, Tulsa County, Oklahoma, authorized by section 
     401(2) of the Water Resources Development Act of 2020 (134 
     Stat. 2735).
       (3) Project for flood risk management, Little Colorado 
     River at Winslow, Navajo County, Arizona, authorized by 
     section 401(2) of the Water Resources Development Act of 2020 
     (134 Stat. 2735).
       (4) Project for flood risk management, Rio De Flag, 
     Flagstaff, Arizona, authorized by section 101(b)(3) of the 
     Water Resources Development Act of 2000 (114 Stat. 2576).
       (5) Project for flood risk management, Rose and Palm Garden 
     Washes, Arizona, authorized by section 205 of the Flood 
     Control Act of 1948 (33 U.S.C. 701s).
       (6) Project for ecosystem restoration, El Corazon, Arizona, 
     authorized by section 206 of the Water Resources Development 
     Act of 1996 (33 U.S.C. 2330).
       (7) Projects for ecosystem restoration, Chesapeake Bay 
     Comprehensive Water Resources and Restoration Plan, 
     Chesapeake Bay Environmental Restoration and Protection 
     Program, authorized by section 510 of the Water Resources 
     Development Act of 1996 (110 Stat. 3759).
       (8) Projects authorized under section 219 of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 
     3757; 113 Stat. 334; 121 Stat. 1258).
       (9) Projects authorized under section 8004 of the Water 
     Resources Development Act of 2007 (33 U.S.C. 652 note; Public 
     Law 110-114).
       (10) Projects authorized under section 519 of the Water 
     Resources Development Act of 2000 (114 Stat. 2653).
       (11) Project for flood risk management, Lower Santa Cruz 
     River, Arizona, authorized by section 205 of the Flood 
     Control Act of 1948 (33 U.S.C. 701s).
       (12) Project for flood risk management, McCormick Wash, 
     Arizona, authorized by section 205 of the Flood Control Act 
     of 1948 (33 U.S.C. 701s).
       (13) Project for navigation, including maintenance and 
     channel deepening, McClellan-Kerr Arkansas River Navigation 
     System.
       (14) Project for dam safety modifications, Bluestone Dam, 
     West Virginia.

[[Page S5385]]

       (15) Maintenance dredging and other authorized activities 
     to address the impacts of shoaling affecting the project for 
     navigation, Branford Harbor and Branford River, Branford, 
     Connecticut, authorized by the first section of the Act of 
     June 13, 1902 (32 Stat. 333, chapter 1079).
       (16) Maintenance dredging and other authorized activities 
     to address the impacts of shoaling affecting the project for 
     navigation, Guilford Harbor and Sluice Channel, Connecticut.
       (17) Maintenance dredging and other authorized activities 
     to address the impacts of shoaling affecting the project for 
     navigation, Milford Harbor, Connecticut.
       (18) Assistance for ecosystem restoration, Lower 
     Yellowstone Intake Diversion Dam, Montana, authorized by 
     section 3109 of the Water Resources Development Act of 2007 
     (121 Stat. 1135).
       (19) Project for mitigation of shore damage from navigation 
     works, Camp Ellis Beach, Saco, Maine, pursuant to section 111 
     of the River and Harbor Act of 1968 (33 U.S.C. 426i).
       (20) Project for ecosystem restoration, Lower Blackstone 
     River, Rhode Island, pursuant to section 206 of the Water 
     Resources Development Act of 1996 (33 U.S.C. 2330).
       (21) Project for navigation, Kentucky Lock Addition, 
     Kentucky.
       (22) Maintenance dredging of the Federal channel for the 
     project for navigation, Columbia, Snake, and Clearwater 
     Rivers, Oregon, Washington, and Idaho, authorized by section 
     2 of the Act of March 2, 1945 (59 Stat. 21, chapter 19), at 
     the Port of Clarkston, Washington, and the Port of Lewiston, 
     Idaho.
       (23) Maintenance dredging and other authorized activities 
     to address the impacts of shoaling affecting the project for 
     navigation, Portsmouth Back Channels and Sagamore Creek, 
     Portsmouth, New Castle, and Rye, New Hampshire, authorized by 
     section 107 of the River and Harbor Act of 1960 (33 U.S.C. 
     577).
       (24) Maintenance dredging and other authorized activities 
     to address the impacts of shoaling affecting the project for 
     navigation, Portsmouth Harbor and Piscataqua River, 
     Portsmouth, New Castle, and Newington, New Hampshire, and 
     Kittery and Elliot, Maine, authorized by section 101 of the 
     River and Harbor Act of 1962 (76 Stat. 1173).

     SEC. 5404. SPECIAL RULES.

       (a) The following conditions apply to the project described 
     in section 5403(19):
       (1) The project is authorized to be carried out under 
     section 111 of the River and Harbor Act of 1968 (33 U.S.C. 
     426i) at a Federal cost of $45,000,000.
       (2) The project may include Federal participation in 
     periodic nourishment.
       (3) For purposes of subsection (b) of section 111 of the 
     River and Harbor Act of 1968 (33 U.S.C. 426i), the Secretary 
     shall determine that the navigation works to which the shore 
     damages are attributable were constructed at full Federal 
     expense.
       (b) The following conditions apply to the project described 
     in section 5403(20):
       (1) The project is authorized to be carried out under 
     section 206 of the Water Resources Development Act of 1996 
     (33 U.S.C. 2330) at a Federal cost of $15,000,000.
       (2) If the Secretary includes in the project a measure on 
     Federal land under the jurisdiction of another Federal 
     agency, the Secretary may enter into an agreement with the 
     Federal agency that provides for the Secretary--
       (A) to construct the measure; and
       (B) to operate and maintain the measure using funds 
     provided to the Secretary by the non-Federal interest for the 
     project.
       (3) If the Secretary includes in the project a measure for 
     fish passage at a dam licensed for hydropower, the Secretary 
     shall include in the project costs all costs for the measure, 
     except that those costs that are in excess of the costs to 
     provide fish passage at the dam if hydropower improvements 
     were not in place shall be a 100 percent non-Federal expense.

     SEC. 5405. CHATTAHOOCHEE RIVER PROGRAM.

       (a) Establishment.--
       (1) In general.--The Secretary shall establish a program to 
     provide environmental assistance to non-Federal interests in 
     the Chattahoochee River Basin.
       (2) Form.--The assistance under paragraph (1) shall be in 
     the form of design and construction assistance for water-
     related resource protection and restoration projects 
     affecting the Chattahoochee River Basin, based on the 
     comprehensive plan under subsection (b), including projects 
     for--
       (A) sediment and erosion control;
       (B) protection of eroding shorelines;
       (C) ecosystem restoration, including restoration of 
     submerged aquatic vegetation;
       (D) protection of essential public works;
       (E) beneficial uses of dredged material; and
       (F) other related projects that may enhance the living 
     resources of the Chattahoochee River Basin.
       (b) Comprehensive Plan.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary, in cooperation with 
     State and local governmental officials and affected 
     stakeholders, shall develop a comprehensive Chattahoochee 
     River Basin restoration plan to guide the implementation of 
     projects under subsection (a)(2).
       (2) Coordination.--The restoration plan described in 
     paragraph (1) shall, to the maximum extent practicable, 
     consider and avoid duplication of any ongoing or planned 
     actions of other Federal, State, and local agencies and 
     nongovernmental organizations.
       (3) Prioritization.--The restoration plan described in 
     paragraph (1) shall give priority to projects eligible under 
     subsection (a)(2) that will also improve water quality or 
     quantity or use natural hydrological features and systems.
       (c) Agreement.--
       (1) In general.--Before providing assistance under this 
     section, the Secretary shall enter into an agreement with a 
     non-Federal interest for the design and construction of a 
     project carried out pursuant to the comprehensive 
     Chattahoochee River Basin restoration plan described in 
     subsection (b).
       (2) Requirements.--Each agreement entered into under this 
     subsection shall provide for--
       (A) the development by the Secretary, in consultation with 
     appropriate Federal, State, and local officials, of a 
     resource protection and restoration plan, including 
     appropriate engineering plans and specifications and an 
     estimate of expected resource benefits; and
       (B) the establishment of such legal and institutional 
     structures as are necessary to ensure the effective long-term 
     operation and maintenance of the project by the non-Federal 
     interest.
       (d) Cost Sharing.--
       (1) Federal share.--Except as provided in paragraph (2)(B), 
     the Federal share of the total project costs of each 
     agreement entered into under this section shall be 75 
     percent.
       (2) Non-federal share.--
       (A) Value of land, easements, rights-of-way, and 
     relocations.--In determining the non-Federal contribution 
     toward carrying out an agreement entered into under this 
     section, the Secretary shall provide credit to a non-Federal 
     interest for the value of land, easements, rights-of-way, and 
     relocations provided by the non-Federal interest, except that 
     the amount of credit provided for a project under this 
     paragraph may not exceed 25 percent of the total project 
     costs.
       (B) Operation and maintenance costs.--The non-Federal share 
     of the costs of operation and maintenance of activities 
     carried out under an agreement under this section shall be 
     100 percent.
       (e) Cooperation.--In carrying out this section, the 
     Secretary shall cooperate with--
       (1) the heads of appropriate Federal agencies, including--
       (A) the Administrator of the Environmental Protection 
     Agency;
       (B) the Secretary of Commerce, acting through the 
     Administrator of the National Oceanic and Atmospheric 
     Administration;
       (C) the Secretary of the Interior, acting through the 
     Director of the United States Fish and Wildlife Service; and
       (D) the heads of such other Federal agencies as the 
     Secretary determines to be appropriate; and
       (2) agencies of a State or political subdivision of a 
     State.
       (f) Protection of Resources.--A project established under 
     this section shall be carried out using such measures as are 
     necessary to protect environmental, historic, and cultural 
     resources.
       (g) Project Cap.--The total cost of a project carried out 
     under this section may not exceed $15,000,000.
       (h) Savings Provision.--Nothing in this section--
       (1) establishes any express or implied reserved water right 
     in the United States for any purpose;
       (2) affects any water right in existence on the date of 
     enactment of this Act;
       (3) preempts or affects any State water law or interstate 
     compact governing water; or
       (4) affects any Federal or State law in existence on the 
     date of enactment of this Act regarding water quality or 
     water quantity.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $90,000,000.

     SEC. 5406. LOWER MISSISSIPPI RIVER BASIN DEMONSTRATION 
                   PROGRAM.

       (a) Definition.--In this section, the term ``Lower 
     Mississippi River Basin'' means the portion of the 
     Mississippi River that begins at the confluence of the Ohio 
     River and flows to the Gulf of Mexico, and its tributaries 
     and distributaries.
       (b) Establishment.--
       (1) In general.--The Secretary shall establish a program to 
     provide assistance to non-Federal interests in the Lower 
     Mississippi River Basin.
       (2) Form.--
       (A) In general.--The assistance under paragraph (1) shall 
     be in the form of design and construction assistance for 
     flood or coastal storm risk management or aquatic ecosystem 
     restoration projects in the Lower Mississippi River Basin, 
     based on the comprehensive plan under subsection (c).
       (B) Assistance.--Projects under subparagraph (A) may 
     include measures for--
       (i) sediment control;
       (ii) protection of eroding riverbanks and streambanks and 
     shorelines;
       (iii) channel modifications;
       (iv) beneficial uses of dredged material; or
       (v) other related projects that may enhance the living 
     resources of the Lower Mississippi River Basin.
       (c) Comprehensive Plan.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary, in cooperation with 
     State and local governmental officials and affected 
     stakeholders, shall develop a comprehensive Lower Mississippi 
     River Basin plan to guide the implementation of projects 
     under subsection (b)(2).

[[Page S5386]]

       (2) Coordination.--The plan described in paragraph (1) 
     shall, to the maximum extent practicable, consider and avoid 
     duplication of any ongoing or planned actions of other 
     Federal, State, and local agencies and nongovernmental 
     organizations.
       (3) Prioritization.--To the maximum extent practicable, the 
     plan described in paragraph (1) shall give priority to 
     projects eligible under subsection (b)(2) that will also 
     improve water quality, reduce hypoxia in the Lower 
     Mississippi River or Gulf of Mexico, or use a combination of 
     structural and nonstructural measures.
       (d) Agreement.--
       (1) In general.--Before providing assistance under this 
     section, the Secretary shall enter into an agreement with a 
     non-Federal interest for the design and construction of a 
     project carried out pursuant to the comprehensive Lower 
     Mississippi River Basin plan described in subsection (c).
       (2) Requirements.--Each agreement entered into under this 
     subsection shall provide for the establishment of such legal 
     and institutional structures as are necessary to ensure the 
     effective long-term operation and maintenance of the project 
     by the non-Federal interest.
       (e) Cost Sharing.--
       (1) Federal share.--The Federal share of the cost to design 
     and construct a project under each agreement entered into 
     under this section shall be 75 percent.
       (2) Non-federal share.--
       (A) Value of land, easements, rights-of-way, and 
     relocations.--In determining the non-Federal contribution 
     toward carrying out an agreement entered into under this 
     section, the Secretary shall provide credit to a non-Federal 
     interest for the value of land, easements, rights-of-way, and 
     relocations provided by the non-Federal interest, except that 
     the amount of credit provided for a project under this 
     paragraph may not exceed 25 percent of the cost to design and 
     construct the project.
       (B) Operation and maintenance costs.--The non-Federal share 
     of the costs of operation and maintenance of activities 
     carried out under an agreement under this section shall be 
     100 percent.
       (f) Cooperation.--In carrying out this section, the 
     Secretary shall cooperate with--
       (1) the heads of appropriate Federal agencies, including--
       (A) the Secretary of Agriculture;
       (B) the Secretary of the Interior, acting through the 
     Director of the United States Fish and Wildlife Service; and
       (C) the heads of such other Federal agencies as the 
     Secretary determines to be appropriate; and
       (2) agencies of a State or political subdivision of a 
     State.
       (g) Project Cap.--The total cost of a project carried out 
     under this section may not exceed $15,000,000.
       (h) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report that describes the results 
     of the program under this section, including a recommendation 
     on whether the program should be reauthorized.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $90,000,000.

     SEC. 5407. FORECAST-INFORMED RESERVOIR OPERATIONS.

       (a) In General.--The Secretary is authorized to carry out a 
     research study pilot program at 1 or more dams owned and 
     operated by the Secretary in the North Atlantic Division of 
     the Corps of Engineers to assess the viability of forecast-
     informed reservoir operations in the eastern United States.
       (b) Report.--Not later than 1 year after completion of the 
     research study pilot program under subsection (a), the 
     Secretary shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report on the results of the study pilot program.

     SEC. 5408. MISSISSIPPI RIVER MAT SINKING UNIT.

       The Secretary shall expedite the replacement of the 
     Mississippi River mat sinking unit.

     SEC. 5409. SENSE OF CONGRESS RELATING TO OKATIBBEE LAKE.

       It is the sense of Congress that--
       (1) there is significant shoreline sloughing and erosion at 
     the Okatibbee Lake portion of the project for flood 
     protection, Chunky Creek, Chickasawhay and Pascagoula Rivers, 
     Mississippi, authorized by section 203 of the Flood Control 
     Act of 1962 (76 Stat. 1183), which has the potential to 
     impact infrastructure, damage property, and put lives at 
     risk; and
       (2) addressing shoreline sloughing and erosion at a project 
     of the Secretary, including at a location leased by non-
     Federal entities such as Okatibbee Lake, is an activity that 
     is eligible to be carried out by the Secretary as part of the 
     operation and maintenance of the project.
                                 ______
                                 
  SA 5904. Mr. BOOKER submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 564. INITIATIVES TO INCREASE DIVERSITY IN THE OFFICER 
                   CORPS OF THE ARMED FORCES.

       (a) Report on Initiatives.--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 setting forth a comprehensive description and 
     assessment of the initiatives currently being undertaken by 
     the military service academies to increase diversity among 
     the officers corps of the Armed Forces. The report shall 
     include efforts undertaken by Diversity and Recruitment 
     Officers of each of the military service academies to recruit 
     in title I high schools.
       (b) Release of Information on Applicants and Annual 
     Classes.--The Superintendent of each military service academy 
     shall adopt the approach taken by the Superintendent of the 
     United States Military Academy in releasing to the 
     congressional defense committees in a public manner the 
     following:
       (1) The manner in which each annual class of cadets or 
     midshipmen is scored for admission.
       (2) The racial and ethnic makeup of each annual class of 
     cadets or midshipmen.
       (c) Military Service Academy Defined.--In this section, the 
     term ``military service academy'' means the following:
       (1) The United States Military Academy.
       (2) The United States Naval Academy.
       (3) The United States Air Force Academy.
       (4) The United States Coast Guard Academy.
                                 ______
                                 
  SA 5905. Mr. BOOKER submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 606. REIMBURSEMENT FOR TRANSPORTATION OF PETS FOR 
                   MEMBERS MAKING A PERMANENT CHANGE OF STATION.

       Section 453 of title 37, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(h) Reimbursement for Transportation of Pets for Members 
     Making a Permanent Change of Station.--
       ``(1) Pet quarantine fees.--The Secretary concerned may 
     reimburse a member of a uniformed service who is ordered to 
     make a permanent change of station for mandatory pet 
     quarantine fees for household pets, but not to exceed $550 
     per change of station, when the member incurs the fees 
     incident to such change of station.
       ``(2) Transportation to or from duty station abroad.--The 
     Secretary concerned may reimburse a member of a uniformed 
     service who is ordered to make a permanent change of station 
     between a duty station in the United States and a duty 
     station in a foreign country for transportation of household 
     pets in an amount not to exceed $4,000 per change of 
     station.''.
                                 ______
                                 
  SA 5906. Mr. BOOKER submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1077. PILOT PROGRAM ON DOULA SUPPORT FOR VETERANS.

       (a) Findings.--Congress finds the following:
       (1) There are approximately 2,300,000 women within the 
     veteran population in the United States.
       (2) The number of women veterans using services from the 
     Veterans Health Administration has increased by 28.8 percent 
     from 423,642 in 2014 to 545,670 in 2019.
       (3) During the period of 2010 through 2015, the use of 
     maternity services from the Veterans Health Administration 
     increased by 44 percent.
       (4) Although prenatal care and delivery is not provided in 
     facilities of the Department of Veterans Affairs, pregnant 
     women seeking care from the Department for other conditions 
     may also need emergency care and require coordination of 
     services through the

[[Page S5387]]

     Veterans Community Care Program under section 1703 of title 
     38, United States Code.
       (5) The number of unique women veteran patients with an 
     obstetric delivery paid for by the Department increased by 
     1,778 percent from 200 deliveries in 2000 to 3,756 deliveries 
     in 2015.
       (6) The number of women age 35 years or older with an 
     obstetric delivery paid for by the Department increased 16-
     fold from fiscal year 2000 to fiscal year 2015.
       (7) A study in 2010 found that veterans returning from 
     Operation Enduring Freedom and Operation Iraqi Freedom who 
     experienced pregnancy were twice as likely to have a 
     diagnosis of depression, anxiety, posttraumatic stress 
     disorder, bipolar disorder, or schizophrenia as those who had 
     not experienced a pregnancy.
       (8) The number of women veterans of reproductive age 
     seeking care from the Veterans Health Administration 
     continues to grow (more than 185,000 as of fiscal year 2015).
       (b) Program.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall establish a pilot program to furnish doula services to 
     covered veterans through eligible entities by expanding the 
     Whole Health model of the Department of Veterans Affairs, or 
     successor model, to measure the impact that doula support 
     services have on birth and mental health outcomes of pregnant 
     veterans (in this section referred to as the ``pilot 
     program'').
       (2) Consideration.--In carrying out the pilot program, the 
     Secretary shall consider all types of doulas, including 
     traditional and community-based doulas.
       (3) Consultation.--In designing and implementing the pilot 
     program, the Secretary shall consult with stakeholders, 
     including--
       (A) organizations representing veterans, including veterans 
     that are disproportionately impacted by poor maternal health 
     outcomes;
       (B) community-based health care professionals, including 
     doulas, and other stakeholders; and
       (C) experts in promoting health equity and combating racial 
     bias in health care settings.
       (4) Goals.--The goals of the pilot program are the 
     following:
       (A) To improve--
       (i) maternal, mental health, and infant care outcomes;
       (ii) integration of doula support services into the Whole 
     Health model of the Department, or successor model; and
       (iii) the experience of women receiving maternity care from 
     the Department, including by increasing the ability of a 
     woman to develop and follow her own birthing plan.
       (B) To reengage veterans with the Department after giving 
     birth.
       (c) Locations.--The Secretary shall carry out the pilot 
     program in--
       (1) the three Veterans Integrated Service Networks of the 
     Department that have the highest percentage of female 
     veterans enrolled in the patient enrollment system of the 
     Department established and operated under section 1705(a) of 
     title 38, United States Code, compared to the total number of 
     enrolled veterans in such Network; and
       (2) the three Veterans Integrated Service Networks that 
     have the lowest percentage of female veterans enrolled in the 
     patient enrollment system compared to the total number of 
     enrolled veterans in such Network.
       (d) Open Participation.--The Secretary shall allow any 
     eligible entity or covered veteran interested in 
     participating in the pilot program to participate in the 
     pilot program.
       (e) Services Provided.--
       (1) In general.--Under the pilot program, a covered veteran 
     shall receive not more than 10 sessions of care from a doula 
     under the Whole Health model of the Department, or successor 
     model, under which a doula works as an advocate for the 
     veteran alongside the medical team for the veteran.
       (2) Sessions.--Sessions covered under paragraph (1) shall 
     be as follows:
       (A) Three or four sessions before labor and delivery.
       (B) One session during labor and delivery.
       (C) Three or four sessions after post-partum, which may be 
     conducted via the mobile application for VA Video Connect.
       (f) Administration of Pilot Program.--
       (1) In general.--The Office of Women's Health of the 
     Department of Veterans Affairs, or successor office (in this 
     section referred to as the ``Office''), shall--
       (A) coordinate services and activities under the pilot 
     program;
       (B) oversee the administration of the pilot program; and
       (C) conduct onsite assessments of medical facilities of the 
     Department that are participating in the pilot program.
       (2) Guidelines for veteran-specific care.--The Office shall 
     establish guidelines under the pilot program for training 
     doulas on military sexual trauma and post traumatic stress 
     disorder.
       (3) Amounts for care.--The Office may recommend to the 
     Secretary appropriate payment amounts for care and services 
     provided under the pilot program, which shall not exceed 
     $3,500 per doula per veteran.
       (g) Doula Service Coordinator.--
       (1) In general.--The Secretary, in consultation with the 
     Office, shall establish a Doula Service Coordinator within 
     the functions of the Maternity Care Coordinator at each 
     medical facility of the Department that is participating in 
     the pilot program.
       (2) Duties.--A Doula Service Coordinator established under 
     paragraph (1) at a medical facility shall be responsible 
     for--
       (A) working with eligible entities, doulas, and covered 
     veterans participating in the pilot program; and
       (B) managing payment between eligible entities and the 
     Department under the pilot program.
       (3) Tracking of information.--A doula providing services 
     under the pilot program shall report to the applicable Doula 
     Service Coordinator after each session conducted under the 
     pilot program.
       (4) Coordination with women's program manager.--A Doula 
     Service Coordinator for a medical facility of the Department 
     shall coordinate with the women's program manager for that 
     facility in carrying out the duties of the Doula Service 
     Coordinator under the pilot program.
       (h) Term of Pilot Program.--The Secretary shall conduct the 
     pilot program for a period of 5 years.
       (i) Technical Assistance.--The Secretary shall establish a 
     process to provide technical assistance to eligible entities 
     and doulas participating in the pilot program.
       (j) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter for each 
     year in which the pilot program is carried out, the Secretary 
     shall submit to the Committee on Veterans' Affairs of the 
     Senate and the Committee on Veterans' Affairs of the House of 
     Representatives a report on the pilot program.
       (2) Final report.--As part of the final report submitted 
     under paragraph (1), the Secretary shall include 
     recommendations on whether the model studied in the pilot 
     program should be continued or more widely adopted by the 
     Department.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary, for each of fiscal years 
     2023 through 2028, such sums as may be necessary to carry out 
     this section.
       (l) Definitions.--In this section:
       (1) Covered veteran.--The term ``covered veteran'' means a 
     pregnant veteran or a formerly pregnant veteran (with respect 
     to sessions post-partum) who is enrolled in the patient 
     enrollment system of the Department of Veterans Affairs 
     established and operated under section 1705(a) of title 38, 
     United States Code.
       (2) Eligible entity.--The term ``eligible entity'' means an 
     entity that provides medically accurate, comprehensive 
     maternity services to covered veterans under the laws 
     administered by the Secretary, including under the Veterans 
     Community Care Program under section 1703 of title 38, United 
     States Code.
       (3) VA video connect.--The term ``VA Video Connect'' means 
     the program of the Department of Veterans Affairs to connect 
     veterans with their health care team from anywhere, using 
     encryption to ensure a secure and private session.
                                 ______
                                 
  SA 5907. Mr. BOOKER (for himself and Mr. Wicker) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SECTION 1239. MODIFICATION TO ANNUAL REPORT ON MILITARY AND 
                   SECURITY DEVELOPMENTS INVOLVING THE RUSSIAN 
                   FEDERATION.

       Section 1234(b) of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283; 134 Stat. 3936) is amended--
       (1) by redesignating paragraph (24) as paragraph (25); and
       (2) by inserting after paragraph (23) the following:
       ``(24) A detailed description of--
       ``(A) the manner in which Russian private military 
     companies are being used to advance the political, economic, 
     and military interests of the Government of the Russian 
     Federation;
       ``(B) the direct or indirect threats such companies pose to 
     United States security interests;
       ``(C) the manner in which sanctions currently in place to 
     impede or deter such companies from continuing to carry out 
     malign activities have impacted the behavior of such 
     companies;
       ``(D) all foreign persons engaged significantly with such 
     companies; and
       ``(E) human rights abuses committed by such companies, 
     including an assessment as to whether such abuses are carried 
     out in support of local actors.''.
                                 ______
                                 
  SA 5908. Mr. WYDEN (for himself, Mr. Leahy, and Mr. Van Hollen) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and

[[Page S5388]]

Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1262. REPORT ON ENTITIES CONNECTED TO FOREIGN PERSONS 
                   IDENTIFIED AS INVOLVED IN THE MURDER OF JAMAL 
                   KHASHOGGI.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the heads of appropriate agencies, shall 
     submit to the appropriate congressional committees a report 
     on private, commercial, and nongovernmental entities, 
     including non-profit foundations, controlled in whole or in 
     part by any foreign person named in the Office of the 
     Director of National Intelligence report titled ``Assessing 
     the Saudi Government's Role in the Killing of Jamal 
     Khashoggi'', dated February 11, 2021.
       (b) Matters to Be Included.--The report required by 
     subsection (a) shall include the following:
       (1) A description of entities described in that subsection.
       (2) A detailed assessment of the roles, if any, such 
     entities played in the murder of Jamal Khashoggi or any other 
     gross violations of internationally recognized human rights.
       (3) A certification of whether any such entity is subject 
     to sanctions pursuant to the Global Magnitsky Human Rights 
     Accountability Act (22 U.S.C. 10101 et seq.).
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations and the Select 
     Committee on Intelligence of the Senate; and
       (2) the Committee on Foreign Affairs and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
                                 ______
                                 
  SA 5909. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1077. AUTHORITY OF U.S. CUSTOMS AND BORDER PROTECTION TO 
                   CONSOLIDATE, MODIFY, OR REORGANIZE CUSTOMS 
                   REVENUE FUNCTIONS.

       (a) In General.--Section 412 of the Homeland Security Act 
     of 2002 (6 U.S.C. 212) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``consolidate, discontinue,'' and inserting 
     ``discontinue''; and
       (ii) by inserting after ``reduce the staffing level'' the 
     following: ``below the optimal staffing level determined in 
     the most recent Resource Allocation Model required by section 
     301(h) of the Customs Procedural Reform and Simplification 
     Act of 1978 (19 U.S.C. 2075(h))''; and
       (B) in paragraph (2), by inserting ``, National Account 
     Managers'' after ``Financial Systems Specialists''; and
       (2) by adding at the end the following:
       ``(d) Authority to Consolidate, Modify, or Reorganize 
     Customs Revenue Functions.--
       ``(1) In general.--The Commissioner of U.S. Customs and 
     Border Protection may, subject to subsection (b), 
     consolidate, modify, or reorganize customs revenue functions 
     delegated to the Commissioner under subsection (a), including 
     by adding such functions to existing positions or 
     establishing new or modifying existing job series, grades, 
     titles, or classifications for personnel, and associated 
     support staff, performing such functions.
       ``(2) Position classification standards.--At the request of 
     the Commissioner, the Director of the Office of Personnel 
     Management shall establish new position classification 
     standards for any new positions established by the 
     Commissioner under paragraph (1).''.
       (b) Technical Correction.--Section 412(a)(1) of the 
     Homeland Security Act of 2002 (6 U.S.C. 212(a)(1)) is amended 
     by striking ``403(a)(1)'' and inserting ``403(1)''.
                                 ______
                                 
  SA 5910. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10__. SELECTIVE SERVICE REGISTRATION NONCOMPLIANCE 
                   REPORT.

       (a) Definition.--In this section, the term ``selective 
     service registration requirement'' means the requirement to 
     register under section 3 of the Military Selective Service 
     Act (50 U.S.C. 3802).
       (b) Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General shall submit to 
     Congress, and make publicly available, a report on the 
     demographics of individuals reported by the Director of 
     Selective Service to have failed to comply with the selective 
     service registration requirements during the period beginning 
     on January 1, 2002, and ending on December 31, 2022.
       (2) Contents.--The report submitted under paragraph (1) 
     shall provide--
       (A) a statistical breakdown of the racial, ethnic, and 
     socio-economic demographics of individuals reported to have 
     failed to comply with the selective service registration 
     requirements;
       (B) a summary of which populations are most likely to fail 
     to comply with the selective service registration 
     requirements; and
       (C) explanations for potential limitations or biases of the 
     data available to the Attorney General regarding failure to 
     comply with the selective service registration requirements 
     that could affect the report or the representation of the 
     demographics of those who failed to comply.
       (3) Protection of information.--The report submitted under 
     paragraph (1) shall not contain any personal identifying 
     information.
       (c) Authority to Survey.--If the Attorney General does not 
     have sufficient authority to collect data or information to 
     complete the report required under subsection (b)(1), the 
     Attorney General may conduct a targeted survey jointly with 
     the Director of the Bureau of the Census, the Director of 
     Selective Service, or both of individuals reported to have 
     failed to comply with the selective service registration 
     requirements to gather sufficient demographic information to 
     complete the report.
                                 ______
                                 
  SA 5911. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        Strike sections 521 and 522 and insert the following:

     SEC. 521. REPEAL OF MILITARY SELECTIVE SERVICE ACT.

       (a) Repeal.--The Military Selective Service Act (50 U.S.C. 
     3801 et seq.) is repealed.
       (b) Transfers in Connection With Repeal.--Notwithstanding 
     the proviso in section 10(a)(4) of the Military Selective 
     Service Act (50 U.S.C. 3809(a)(4)), the Office of Selective 
     Service Records shall not be reestablished upon the repeal of 
     the Act. Not later than 180 days after the date of the 
     enactment of this Act, the assets, contracts, property, and 
     records held by the Selective Service System, and the 
     unexpended balances of any appropriations available to the 
     Selective Service System, shall be transferred to the 
     Administrator of General Services upon the repeal of the Act. 
     The Director of the Office of Personnel Management shall 
     assist officers and employees of the Selective Service System 
     to transfer to other positions in the executive branch.
       (c) Effect on Existing Sanctions.--
       (1) Notwithstanding any other provision of law, a person 
     may not be denied a right, privilege, benefit, or employment 
     position under Federal law on the grounds that the person 
     failed to present himself for and submit to registration 
     under section 3 of the Military Selective Service Act (50 
     U.S.C. 3802), before the repeal of that Act by subsection 
     (a).
       (2) A State, political subdivision of a State, or political 
     authority of two or more States may not enact or enforce a 
     law, regulation, or other provision having the force and 
     effect of law to penalize or deny any privilege or benefit to 
     a person who failed to present himself for and submit to 
     registration under section 3 of the Military Selective 
     Service Act (50 U.S.C. 3802), before the repeal of that Act 
     by subsection (a). In this section, ``State'' means a State, 
     the District of Columbia, and a territory or possession of 
     the United States.
       (3) Failing to present oneself for and submit to 
     registration under section 3 of the Military Selective 
     Service Act (50 U.S.C. 3802), before the repeal of that Act 
     by subsection (a), shall not be reason for any entity of the 
     United States Government to determine that a person lacks 
     good moral character or is unsuited for any privilege or 
     benefit.

[[Page S5389]]

       (d) Conscientious Objectors.--Nothing contained in this 
     section shall be construed to undermine or diminish the 
     rights of conscientious objectors under laws and regulations 
     of the United States.
                                 ______
                                 
  SA 5912. Mr. WYDEN (for himself and Mr. Merkley) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 322. TRAINING FOR NATIONAL GUARD PERSONNEL ON WILDFIRE 
                   RESPONSE AND PROVISION OF NECESSARY EQUIPMENT.

       (a) In General.--The Secretary of the Army and the 
     Secretary of the Air Force shall, in consultation with the 
     Chief of the National Guard Bureau, provide support for 
     training of appropriate personnel of the National Guard on 
     wildfire response and prevention and necessary equipment for 
     such response and prevention, with preference given to 
     military installations with the highest wildfire suppression 
     need.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Defense for each year 
     $20,000,000 to carry out subsection (a).
                                 ______
                                 
  SA 5913. Mr. WYDEN (for himself and Mrs. Gillibrand) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. PROHIBITION ON DENIAL OF ELIGIBILITY FOR ACCESS TO 
                   CLASSIFIED INFORMATION SOLELY BECAUSE OF PRIOR 
                   USE OF CANNABIS.

       (a) Definitions.--In this section:
       (1) Cannabis.--The term ``cannabis'' has the meaning given 
     the term ``marihuana'' in section 102 of the Controlled 
     Substances Act (21 U.S.C. 802).
       (2) Eligibility for access to classified information.--The 
     term ``eligibility for access to classified information'' has 
     the meaning given such term in the procedures established 
     pursuant to section 801(a) of the National Security Act of 
     1947 (50 U.S.C. 3161(a)).
       (3) Initiation of a national security vetting process.--The 
     term ``initiation of a national security vetting process'' 
     means the process that commences once an individual signs the 
     certification contained in the Standard Form 86 (SF-86), 
     Questionnaire for National Security Positions, or successor 
     form.
       (b) Prohibition.--Notwithstanding any other provision of 
     law, use of cannabis by an individual that occurs prior to 
     the individual's initiation of a national security vetting 
     process shall not be determinative to adjudications of the 
     individual's eligibility for access to classified information 
     or eligibility to hold a sensitive position.
                                 ______
                                 
  SA 5914. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. ___. PROHIBITION ON DENIAL OF ELIGIBILITY FOR ACCESS TO 
                   CLASSIFIED INFORMATION SOLELY BECAUSE OF USE OF 
                   CANNABIS.

       (a) Definitions.--In this section:
       (1) Cannabis.--The term ``cannabis'' has the meaning given 
     the term ``marihuana'' in section 102 of the Controlled 
     Substances Act (21 U.S.C. 802).
       (2) Eligibility for access to classified information.--The 
     term ``eligibility for access to classified information'' has 
     the meaning given such term in the procedures established 
     pursuant to section 801(a) of the National Security Act of 
     1947 (50 U.S.C. 3161(a)).
       (b) Prohibition.--Notwithstanding any other provision of 
     law, use of cannabis by an individual shall not be 
     determinative to adjudications of the individual's 
     eligibility for access to classified information or 
     eligibility to hold a sensitive position.
                                 ______
                                 
  SA 5915. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1276. MODIFICATION OF AUTHORITY OF PRESIDENT UNDER 
                   EXPORT CONTROL REFORM ACT OF 2018.

       Section 1753(a)(2)(F) of the Export Control Reform Act of 
     2019 (50 U.S.C. 4812(a)(2)(F)) is amended by inserting ``, 
     security, or'' before ``intelligence''.
                                 ______
                                 
  SA 5916. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 322. LIMITATION ON MODIFICATION OF TRAINING ACTIVITIES 
                   IN OREGON PURSUANT TO RECORD OF DECISION FOR 
                   ENVIRONMENTAL IMPACT STATEMENT RELATING TO 
                   MOUNTAIN HOME AIR FORCE BASE, IDAHO.

       The Secretary of the Air Force shall ensure that any record 
     of decision issued by the Secretary for the Airspace 
     Optimization for Readiness Environmental Impact Statement for 
     Mountain Home Air Force Base, Idaho, does not modify existing 
     training regimes and activities of the Air Force in Oregon 
     until the Secretary, in coordination with the United States 
     Geological Survey and the Oregon Department of Fish and 
     Wildlife, has conducted and then analyzed in a supplemental 
     draft environmental impact statement comprehensive, primary 
     research on the effects of real noise, the risk of wildfire 
     from the use of flares, and the risk of water pollution from 
     the use of chaff from current and proposed future military 
     training on wildlife and human communities in the Mountain 
     Home Military Operations Area in Oregon.
                                 ______
                                 
  SA 5917. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1077. REQUIREMENT TO CONTROL THE EXPORT OF CERTAIN 
                   PERSONAL DATA OF UNITED STATES NATIONALS AND 
                   INDIVIDUALS IN THE UNITED STATES.

       (a) In General.--Part I of the Export Control Reform Act of 
     2018 (50 U.S.C. 4811 et seq.) is amended by inserting after 
     section 1758 the following:

     ``SEC. 1758A. REQUIREMENT TO CONTROL THE EXPORT OF CERTAIN 
                   PERSONAL DATA OF UNITED STATES NATIONALS AND 
                   INDIVIDUALS IN THE UNITED STATES.

       ``(a) Identification of Categories of Personal Data.--
       ``(1) In general.--The Secretary shall, in coordination 
     with the heads of the appropriate Federal agencies, identify 
     categories of personal data of covered individuals that 
     could--
       ``(A) be exploited by foreign governments; and
       ``(B) if exported, reexported, or in-country transferred in 
     a quantity that exceeds the threshold established under 
     paragraph (3), harm the national security of the United 
     States.
       ``(2) List required.--In identifying categories of personal 
     data of covered individuals under paragraph (1), the 
     Secretary, in coordination with the heads of the appropriate 
     Federal agencies, shall--
       ``(A) identify an initial list of such categories not later 
     than one year after the date of the enactment of the James M. 
     Inhofe National Defense Authorization Act for Fiscal Year 
     2023; and
       ``(B) as appropriate thereafter and not less frequently 
     than every 5 years, add categories to, remove categories 
     from, or modify categories on, that list.

[[Page S5390]]

       ``(3) Establishment of threshold.--
       ``(A) Establishment.--Not later than one year after the 
     date of the enactment of the James M. Inhofe National Defense 
     Authorization Act for Fiscal Year 2023, the Secretary, in 
     coordination with the heads of the appropriate Federal 
     agencies, shall establish a threshold for determining when 
     the export, reexport, or in-country transfer (in the 
     aggregate) of the personal data of covered individuals by one 
     person to or in a restricted country could harm the national 
     security of the United States.
       ``(B) Number of covered individuals affected.--The 
     threshold established under subparagraph (A) shall be the 
     export, reexport, or in-country transfer (in the aggregate) 
     by one person to or in a restricted country during a calendar 
     year of the personal data of not less than 10,000 covered 
     individuals and not more than 1,000,000 covered individuals.
       ``(C) Category thresholds.--The Secretary, in coordination 
     with the heads of the appropriate Federal agencies, may 
     establish a threshold under subparagraph (A) for each 
     category of personal data identified under paragraph (1).
       ``(D) Updates.--The Secretary, in coordination with the 
     heads of the appropriate Federal agencies--
       ``(i) may update the threshold established under 
     subparagraph (A) as appropriate; and
       ``(ii) shall reevaluate the threshold not less frequently 
     than every 5 years.
       ``(E) Treatment of persons under common ownership as one 
     person.--For purposes of determining whether a threshold 
     established under subparagraph (A) has been met--
       ``(i) all exports, reexports, or in-country transfers 
     involving personal data conducted by persons under the 
     ownership or control of the same person shall be aggregated 
     to that person; and
       ``(ii) that person shall be liable for any export, 
     reexport, or in-country transfer in violation of this 
     section.
       ``(F) Considerations.--In establishing a threshold under 
     subparagraph (A), the Secretary, in coordination with the 
     heads of the appropriate Federal agencies, shall seek to 
     balance the need to protect personal data from exploitation 
     by foreign governments against the likelihood of--
       ``(i) impacting legitimate business activities, research 
     activities, and other activities that do not harm the 
     national security of the United States; or
       ``(ii) chilling speech protected by the First Amendment to 
     the Constitution of the United States.
       ``(4) Determination of period for protection.--The 
     Secretary, in coordination with the heads of the appropriate 
     Federal agencies, shall determine, for each category of 
     personal data identified under paragraph (1), the period of 
     time for which encryption technology described in subsection 
     (b)(4)(A)(iii) is required to be able to protect that 
     category of data from decryption to prevent the exploitation 
     of the data by a foreign government from harming the national 
     security of the United States.
       ``(5) Use of information; considerations.--In carrying out 
     this subsection (including with respect to the list required 
     under paragraph (2)), the Secretary, in coordination with the 
     heads of the appropriate Federal agencies, shall--
       ``(A) use multiple sources of information, including--
       ``(i) publicly available information;
       ``(ii) classified information, including relevant 
     information provided by the Director of National 
     Intelligence;
       ``(iii) information relating to reviews and investigations 
     of transactions by the Committee on Foreign Investment in the 
     United States under section 721 of the Defense Production Act 
     of 1950 (50 U.S.C. 4565);
       ``(iv) the categories of sensitive personal data described 
     in paragraphs (1)(ii) and (2) of section 800.241(a) of title 
     31, Code of Federal Regulations, as in effect on the day 
     before the date of the enactment of the James M. Inhofe 
     National Defense Authorization Act for Fiscal Year 2023, and 
     any categories of sensitive personal data added to such 
     section after such date of enactment;
       ``(v) information provided by the advisory committee 
     established pursuant to paragraph (7); and
       ``(vi) the recommendations (which the Secretary shall 
     request) of--

       ``(I) privacy experts identified by the National Academy of 
     Sciences; and
       ``(II) experts on the First Amendment to the Constitution 
     of the United States identified by the American Bar 
     Association; and

       ``(B) take into account--
       ``(i) the significant quantity of personal data of covered 
     individuals that has already been stolen or acquired by 
     foreign governments;
       ``(ii) the harm to United States national security caused 
     by the theft or acquisition of that personal data;
       ``(iii) the potential for further harm to United States 
     national security if that personal data were combined with 
     additional sources of personal data;
       ``(iv) the fact that non-sensitive personal data, when 
     analyzed in the aggregate, can reveal sensitive personal 
     data; and
       ``(v) the commercial availability of inferred and derived 
     data.
       ``(6) Notice and comment period.--The Secretary shall 
     provide for a public notice and comment period after the 
     publication in the Federal Register of a proposed rule, and 
     before the publication of a final rule--
       ``(A) identifying the initial list of categories of 
     personal data under subparagraph (A) of paragraph (2);
       ``(B) adding categories to, removing categories from, or 
     modifying categories on, that list under subparagraph (B) of 
     that paragraph;
       ``(C) establishing or updating the threshold under 
     paragraph (3); or
       ``(D) setting forth the period of time for which encryption 
     technology described in subsection (b)(4)(A)(iii) is required 
     under paragraph (4) to be able to protect such a category of 
     data from decryption.
       ``(7) Advisory committee.--
       ``(A) In general.--The Secretary shall establish an 
     advisory committee to advise the Secretary with respect to 
     privacy and sensitive personal data.
       ``(B) Membership.--The committee established pursuant to 
     subparagraph (A) shall include the following members selected 
     by the Secretary:
       ``(i) Experts on privacy and cybersecurity.
       ``(ii) Representatives of private sector companies and 
     industry associations.
       ``(iii) Representatives of civil society groups.
       ``(C) Applicability of federal advisory committee act.--
     Subsections (a)(1), (a)(3), and (b) of section 10 and 
     sections 11, 13, and 14 of the Federal Advisory Committee Act 
     (5 U.S.C. App.) shall not apply to the advisory committee 
     established pursuant to subparagraph (A).
       ``(8) Treatment of anonymized personal data.--
       ``(A) In general.--In carrying out this subsection, the 
     Secretary may not treat anonymized personal data differently 
     than identifiable personal data if the individuals to which 
     the anonymized personal data relates could reasonably be 
     identified using other sources of data.
       ``(B) Guidance.--The Under Secretary of Commerce for 
     Standards and Technology shall issue guidance to the public 
     with respect to methods for anonymizing data and how to 
     determine if individuals to which the anonymized personal 
     data relates can be reasonably identified using other sources 
     of data.
       ``(9) Sense of congress on identification of categories of 
     personal data.--It is the sense of Congress that, in 
     identifying categories of personal data of covered 
     individuals under paragraph (1), the Secretary should, to the 
     extent reasonably possible and in coordination with the 
     Secretary of the Treasury, harmonize those categories with 
     the categories of sensitive personal data described in 
     paragraph (5)(A)(iv).
       ``(b) Commerce Controls.--
       ``(1) Controls required.--Beginning 18 months after the 
     date of the enactment of the James M. Inhofe National Defense 
     Authorization Act for Fiscal Year 2023, the Secretary shall 
     impose appropriate controls under the Export Administration 
     Regulations on the export or reexport to, or in-country 
     transfer in, all countries (other than countries on the list 
     required by paragraph (2)(D)) of covered personal data in a 
     manner that exceeds the applicable threshold established 
     under subsection (a)(3), including through interim controls 
     (such as by informing a person that a license is required for 
     export, reexport, or in-country transfer of covered personal 
     data), as appropriate, or by publishing additional 
     regulations.
       ``(2) Levels of control.--
       ``(A) In general.--Except as provided in subparagraph (C) 
     or (D), the Secretary shall--
       ``(i) require a license or other authorization for the 
     export, reexport, or in-country transfer of covered personal 
     data in a manner that exceeds the applicable threshold 
     established under subsection (a)(3);
       ``(ii) determine whether that export, reexport, or in-
     country transfer is likely to harm the national security of 
     the United States--

       ``(I) after consideration of the matters described in 
     subparagraph (B); and
       ``(II) in coordination with the heads of the appropriate 
     Federal agencies; and

       ``(iii) if the Secretary determines under clause (ii) that 
     the export, reexport, or in-country transfer is likely to 
     harm the national security of the United States, deny the 
     application for the license or other authorization for the 
     export, reexport, or in-country transfer.
       ``(B) Considerations.--In determining under clause (ii) of 
     subparagraph (A) whether an export, reexport, or in-country 
     transfer of covered personal data described in clause (i) of 
     that subparagraph is likely to harm the national security of 
     the United States, the Secretary, in coordination with the 
     heads of the appropriate Federal agencies, shall take into 
     account--
       ``(i) the adequacy and enforcement of data protection, 
     surveillance, and export control laws in the foreign country 
     to which the covered personal data would be exported or 
     reexported, or in which the covered personal data would be 
     transferred, in order to determine whether such laws, and the 
     enforcement of such laws, are sufficient to--

       ``(I) protect the covered personal data from accidental 
     loss, theft, and unauthorized or unlawful processing;
       ``(II) ensure that the covered personal data is not 
     exploited for intelligence purposes by foreign governments to 
     the detriment of the national security of the United States; 
     and
       ``(III) prevent the reexport of the covered personal data 
     to a third country for which a license would be required for 
     such data to be exported directly from the United States;

[[Page S5391]]

       ``(ii) the circumstances under which the government of the 
     foreign country can compel, coerce, or pay a person in or 
     national of that country to disclose the covered personal 
     data; and
       ``(iii) whether that government has conducted hostile 
     foreign intelligence operations, including information 
     operations, against the United States.
       ``(C) License requirement and presumption of denial for 
     certain countries.--
       ``(i) In general.--The Secretary shall--

       ``(I) require a license or other authorization for the 
     export or reexport to, or in-country transfer in, a country 
     on the list required by clause (ii) of covered personal data 
     in a manner that exceeds the threshold established under 
     subsection (a)(3); and
       ``(II) deny an application for such a license or other 
     authorization unless the person seeking the license or 
     authorization demonstrates to the satisfaction of the 
     Secretary that the export, reexport, or in-country transfer 
     will not harm the national security of the United States.

       ``(ii) List required.--

       ``(I) In general.--Not later than one year after the date 
     of the enactment of the James M. Inhofe National Defense 
     Authorization Act for Fiscal Year 2023, the Secretary shall, 
     in consultation with the heads of the appropriate Federal 
     agencies and based on the considerations described in 
     subparagraph (B), establish a list of each country with 
     respect to which the Secretary determines that the export or 
     reexport to, or in-country transfer in, the country of 
     covered personal data in a manner that exceeds the applicable 
     threshold established under subsection (a)(3) will be likely 
     to harm the national security of the United States.
       ``(II) Modifications to list.--The Secretary, in 
     consultation with the heads of the appropriate Federal 
     agencies--

       ``(aa) may add a country to or remove a country from the 
     list required by subclause (I) at any time; and
       ``(bb) shall review that list not less frequently than 
     every 5 years.
       ``(D) No license requirement for certain countries.--
       ``(i) In general.--The Secretary may not require a license 
     or other authorization for the export or reexport to, or in-
     country transfer in, a country on the list required by clause 
     (ii) of covered personal data, without regard to the 
     applicable threshold established under subsection (a)(3).
       ``(ii) List required.--

       ``(I) In general.--Not later than one year after the date 
     of the enactment of the James M. Inhofe National Defense 
     Authorization Act for Fiscal Year 2023, the Secretary shall, 
     in consultation with the heads of the appropriate Federal 
     agencies and based on the considerations described in 
     subparagraph (B) and subject to clause (iii), establish a 
     list of each country with respect to which the Secretary 
     determines that the export or reexport to, or in-country 
     transfer in, the country of covered personal data (without 
     regard to any threshold established under subsection (a)(3)) 
     will not harm the national security of the United States.
       ``(II) Modifications to list.--The Secretary, in 
     consultation with the heads of the appropriate Federal 
     agencies--

       ``(aa) may add a country to or remove a country from the 
     list required by subclause (I) at any time; and
       ``(bb) shall review that list not less frequently than 
     every 5 years.
       ``(iii) Congressional review.--

       ``(I) In general.--The list required by clause (ii) and any 
     updates to that list adding or removing countries shall take 
     effect, for purposes of clause (i), on the date that is 180 
     days after the Secretary submits to the appropriate 
     congressional committees a proposal for the list or update 
     unless there is enacted into law, before that date, a joint 
     resolution of disapproval pursuant to subclause (II).
       ``(II) Joint resolution of disapproval.--

       ``(aa) Joint resolution of disapproval defined.--In this 
     clause, the term `joint resolution of disapproval' means a 
     joint resolution the matter after the resolving clause of 
     which is as follows: `That Congress does not approve of the 
     proposal of the Secretary with respect to the list required 
     by section 1758A(b)(2)(D)(ii) submitted to Congress on ___.', 
     with the blank space being filled with the appropriate date.
       ``(bb) Procedures.--The procedures set forth in paragraphs 
     (4)(C), (5), (6), and (7) of section 2523(d) of title 18, 
     United States Code, apply with respect to a joint resolution 
     of disapproval under this clause to the same extent and in 
     the same manner as such procedures apply to a joint 
     resolution of disapproval under such section 2523(d), except 
     that paragraph (6) of such section shall be applied and 
     administered by substituting `the Committee on Banking, 
     Housing, and Urban Affairs' for `the Committee on the 
     Judiciary' each place it appears.

       ``(III) Rules of house of representatives and senate.--This 
     clause is enacted by Congress--

       ``(aa) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     is deemed a part of the rules of each House, respectively, 
     and supersedes other rules only to the extent that it is 
     inconsistent with such rules; and
       ``(bb) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.
       ``(3) Review of license applications.--
       ``(A) In general.--The Secretary shall, consistent with the 
     provisions of section 1756 and in coordination with the heads 
     of the appropriate Federal agencies--
       ``(i) review applications for a license or other 
     authorization for the export or reexport to, or in-country 
     transfer in, a restricted country of covered personal data in 
     a manner that exceeds the applicable threshold established 
     under subsection (a)(3); and
       ``(ii) establish procedures for conducting the review of 
     such applications.
       ``(B) Disclosures relating to collaborative arrangements.--
     In the case of an application for a license or other 
     authorization for an export, reexport, or in-country transfer 
     described in subparagraph (A)(i) submitted by or on behalf of 
     a joint venture, joint development agreement, or similar 
     collaborative arrangement, the Secretary may require the 
     applicant to identify, in addition to any foreign person 
     participating in the arrangement, any foreign person with 
     significant ownership interest in a foreign person 
     participating in the arrangement.
       ``(4) Exceptions.--
       ``(A) In general.--The Secretary shall not impose under 
     paragraph (1) a requirement for a license or other 
     authorization with respect to the export, reexport, or in-
     country transfer of covered personal data pursuant to any of 
     the following transactions:
       ``(i) The export, reexport, or in-country transfer by an 
     individual of covered personal data that specifically 
     pertains to that individual.
       ``(ii) The export, reexport, or in-country transfer of the 
     personal data of one or more individuals by a person 
     performing a service for those individuals if the service 
     could not possibly be performed (as defined by the Secretary 
     in regulations) without the export, reexport, or in-country 
     transfer of that personal data.
       ``(iii) The export, reexport, or in-country transfer of 
     personal data that is encrypted if--

       ``(I) the encryption key or other information necessary to 
     decrypt the data is not exported, reexported, or transferred 
     to a restricted country or (except as provided in 
     subparagraph (B)) a national of a restricted country; and
       ``(II) the encryption technology used to protect the data 
     against decryption is certified by the National Institute of 
     Standards and Technology as capable of protecting data for 
     the period of time determined under subsection (a)(4) to be 
     sufficient to prevent the exploitation of the data by a 
     foreign government from harming the national security of the 
     United States.

       ``(iv) The export, reexport, or in-country transfer of 
     personal data that is ordered by an appropriate court of the 
     United States.
       ``(B) Exception for certain nationals of restricted 
     countries.--Subparagraph (A)(iii)(I) does not apply with 
     respect to an individual who is a national of a restricted 
     country if the individual is also a citizen of the United 
     States or a noncitizen described in subsection (k)(5)(C).
       ``(c) Requirements for Identification of Categories and 
     Determination of Appropriate Controls.--In identifying 
     categories of personal data under subsection (a)(1) and 
     imposing appropriate controls under subsection (b), the 
     Secretary, in coordination with the heads of the appropriate 
     Federal agencies, as appropriate--
       ``(1) may not regulate or restrict the publication or 
     sharing of--
       ``(A) personal data that is a matter of public record, such 
     as a court record or other government record that is 
     generally available to the public, including information 
     about an individual made public by that individual or by the 
     news media;
       ``(B) information about a matter of public interest; or
       ``(C) consistent with the goal of protecting the national 
     security of the United States, any other information the 
     publication of which is protected by the First Amendment to 
     the Constitution of the United States; and
       ``(2) shall consult with the appropriate congressional 
     committees.
       ``(d) Penalties.--
       ``(1) Liable persons.--
       ``(A) In general.--In addition to any person that commits 
     an unlawful act described in subsection (a) of section 1760, 
     an officer or employee of an organization has committed an 
     unlawful act subject to penalties under that section if the 
     officer or employee knew or should have known that another 
     employee of the organization who reports, directly or 
     indirectly, to the officer or employee was directed to 
     export, reexport, or in-country transfer covered personal 
     data in violation of this section and subsequently did 
     export, reexport, or in-country transfer such data.
       ``(B) Exceptions and clarifications.--
       ``(i) Intermediaries not liable.--An intermediate consignee 
     (as defined in section 772.1 of the Export Administration 
     Regulations (or any successor regulation)) or other 
     intermediary is not liable for the export, reexport, or in-
     country transfer of covered personal data in violation of 
     this section when acting as an intermediate consignee or 
     other intermediary for another person.
       ``(ii) Special rule for certain applications.--In a case in 
     which an application installed on an electronic device 
     transmits or causes the transmission of covered personal data 
     without being directed to do so by the owner or user of the 
     device who installed the application, the developer of the 
     application,

[[Page S5392]]

     and not the owner or user of the device, is liable for any 
     violation of this section.
       ``(2) Criminal penalties.--In determining an appropriate 
     term of imprisonment under section 1760(b)(2) with respect to 
     a person for a violation of this section, the court shall 
     consider--
       ``(A) how many covered individuals had their covered 
     personal data exported, reexported, or in-country transferred 
     in violation of this section;
       ``(B) any harm that resulted from the violation; and
       ``(C) the intent of the person in committing the violation.
       ``(e) Report to Congress.--
       ``(1) In general.--Not less frequently than annually, the 
     Secretary, in coordination with the heads of the appropriate 
     Federal agencies, shall submit to the appropriate 
     congressional committees a report on the results of actions 
     taken pursuant to this section.
       ``(2) Inclusions.--Each report required by paragraph (1) 
     shall include a description of the determinations made under 
     subsection (b)(2)(A)(ii) during the preceding year.
       ``(3) Form.--Each report required by paragraph (1) shall be 
     submitted in unclassified form but may include a classified 
     annex.
       ``(f) Disclosure of Certain License Information.--
       ``(1) In general.--Not less frequently than every 90 days, 
     the Secretary shall publish on a publicly accessible website 
     of the Department of Commerce, including in a machine-
     readable format, the information specified in paragraph (2), 
     with respect to each application--
       ``(A) for a license for the export or reexport to, or in-
     country transfer in, a restricted country of covered personal 
     data in a manner that exceeds the applicable threshold 
     established under subsection (a)(3); and
       ``(B) with respect to which the Secretary made a decision 
     in the preceding 90-day period.
       ``(2) Information specified.--The information specified in 
     this paragraph with respect to an application described in 
     paragraph (1) is the following:
       ``(A) The name of the applicant.
       ``(B) The date of the application.
       ``(C) The name of the foreign party to which the applicant 
     sought to export, reexport, or transfer the data.
       ``(D) The categories of covered personal data the applicant 
     sought to export, reexport, or transfer.
       ``(E) The number of covered individuals whose information 
     the applicant sought to export, reexport, or transfer.
       ``(F) Whether the application was approved or denied.
       ``(g) News Media Protections.--A person that is engaged in 
     journalism is not subject to restrictions imposed under this 
     section to the extent that those restrictions directly 
     infringe on the journalism practices of that person.
       ``(h) Citizenship Determinations by Persons Providing 
     Services to End-users Not Required.--This section does not 
     require a person that provides products or services to an 
     individual to determine the citizenship or immigration status 
     of the individual, but once the person becomes aware that the 
     individual is a covered individual, the person shall treat 
     covered personal data of that individual as is required by 
     this section.
       ``(i) Fees.--
       ``(1) In general.--Notwithstanding section 1756(c), the 
     Secretary may, to the extent provided in advance in 
     appropriations Acts, assess and collect a fee, in an amount 
     determined by the Secretary in regulations, with respect to 
     each application for a license submitted under subsection 
     (b).
       ``(2) Deposit and availability of fees.--Notwithstanding 
     section 3302 of title 31, United States Code, fees collected 
     under paragraph (1) shall--
       ``(A) be credited as offsetting collections to the account 
     providing appropriations for activities carried out under 
     this section;
       ``(B) be available, to the extent and in the amounts 
     provided in advance in appropriations Acts, to the Secretary 
     solely for use in carrying out activities under this section; 
     and
       ``(C) remain available until expended.
       ``(j) Regulations.--The Secretary may prescribe such 
     regulations as are necessary to carry out this section.
       ``(k) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary and to the 
     head of each of the appropriate Federal agencies 
     participating in carrying out this section such sums as may 
     be necessary to carry out this section, including to hire 
     additional employees with expertise in privacy.
       ``(l) Definitions.--In this section:
       ``(1) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Foreign Relations, the Committee on Finance, 
     and the Select Committee on Intelligence of the Senate; and
       ``(B) the Committee on Foreign Affairs, the Committee on 
     Ways and Means, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       ``(2) Appropriate federal agencies.--The term `appropriate 
     Federal agencies' means the following:
       ``(A) The Department of Defense.
       ``(B) The Department of State.
       ``(C) The Department of Justice.
       ``(D) The Department of the Treasury.
       ``(E) The Office of the Director of National Intelligence.
       ``(F) The Cybersecurity and Infrastructure Security Agency.
       ``(G) The Consumer Financial Protection Bureau.
       ``(H) The Federal Trade Commission.
       ``(I) The Federal Communications Commission.
       ``(J) The Department of Health and Human Services.
       ``(K) Such other Federal agencies as the Secretary 
     considers appropriate.
       ``(3) Covered individual.--The term `covered individual', 
     with respect to personal data, means an individual who, at 
     the time the data is acquired--
       ``(A) is located in the United States; or
       ``(B) is--
       ``(i) located outside the United States or whose location 
     cannot be determined; and
       ``(ii) a citizen of the United States or a noncitizen 
     lawfully admitted for permanent residence.
       ``(4) Covered personal data.--The term `covered personal 
     data' means the categories of personal data of covered 
     individuals identified pursuant to subsection (a).
       ``(5) Export.--
       ``(A) In general.--The term `export', with respect to 
     covered personal data, includes--
       ``(i) subject to subparagraph (D), the shipment or 
     transmission of the data out of the United States, including 
     the sending or taking of the data out of the United States, 
     in any manner, if the shipment or transmission is 
     intentional, without regard to whether the shipment or 
     transmission was intended to go out of the United States; or
       ``(ii) the release or transfer of the data to any 
     noncitizen (other than a noncitizen described in subparagraph 
     (C)), if the release or transfer is intentional, without 
     regard to whether the release or transfer was intended to be 
     to a noncitizen.
       ``(B) Exceptions.--The term `export' does not include--
       ``(i) the publication of covered personal data on the 
     internet in a manner that makes the data discoverable by and 
     accessible to any member of the general public; or
       ``(ii) any activity protected by the speech or debate 
     clause of the Constitution of the United States.
       ``(C) Noncitizens described.--A noncitizen described in 
     this subparagraph is a noncitizen who is authorized to be 
     employed in the United States.
       ``(D) Transmissions through restricted countries.--
       ``(i) In general.--On and after the date that is 5 years 
     after the date of the enactment of the James M. Inhofe 
     National Defense Authorization Act for Fiscal Year 2023, and 
     except as provided in clause (iii), the term `export' 
     includes the transmission of data through a restricted 
     country, without regard to whether the person originating the 
     transmission had knowledge of or control over the path of the 
     transmission.
       ``(ii) Exceptions.--Clause (i) does not apply with respect 
     to a transmission of data through a restricted country if--

       ``(I) the data is encrypted as described in subsection 
     (b)(4)(A)(iii); or
       ``(II) the person that originated the transmission received 
     a representation from the party delivering the data for the 
     person stating that the data will not transit through a 
     restricted country.

       ``(iii) False representations.--If a party delivering 
     covered personal data as described in clause (ii)(II) 
     transmits the data directly or indirectly through a 
     restricted country despite making the representation 
     described in clause (ii)(II), that party shall be liable for 
     violating this section.
       ``(6) In-country transfer; reexport.--The terms `in-country 
     transfer' and `reexport', with respect to personal data, 
     shall have the meanings given those terms in regulations 
     prescribed by the Secretary.
       ``(7) Lawfully admitted for permanent residence; 
     national.--The terms `lawfully admitted for permanent 
     residence' and `national' have the meanings given those terms 
     in section 101(a) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)).
       ``(8) Noncitizen.--The term `noncitizen' means an 
     individual who is not a citizen or national of the United 
     States.
       ``(9) Restricted country.--The term `restricted country' 
     means a country for which a license or other authorization is 
     required under subsection (b) for the export or reexport to, 
     or in-country transfer in, that country of covered personal 
     data in a manner that exceeds the applicable threshold 
     established under subsection (a)(3).''.
       (b) Statement of Policy.--Section 1752 of the Export 
     Control Reform Act of 2018 (50 U.S.C. 4811) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) to restrict, notwithstanding section 203(b) of the 
     International Emergency Economic Powers Act (50 U.S.C. 
     1702(b)), the export of personal data of United States 
     citizens and other covered individuals (as defined in section 
     1758A(l)) in a quantity and a manner that could harm the 
     national security of the United States.''; and
       (2) in paragraph (2), by adding at the end the following:
       ``(H) To prevent the exploitation of personal data of 
     United States citizens and

[[Page S5393]]

     other covered individuals (as defined in section 1758A(l)) in 
     a quantity and a manner that could harm the national security 
     of the United States.''.
       (c) Limitation on Authority to Make Exceptions to Licensing 
     Requirements.--Section 1754 of the Export Control Reform Act 
     of 2018 (50 U.S.C. 4813) is amended--
       (1) in subsection (a)(14), by inserting ``and subject to 
     subsection (g)'' after ``as warranted''; and
       (2) by adding at the end the following:
       ``(g) Limitation on Authority to Make Exceptions to 
     Licensing Requirements.--The Secretary may create under 
     subsection (a)(14) exceptions to licensing requirements under 
     section 1758A only for the export, reexport, or in-country 
     transfer of covered personal data (as defined in subsection 
     (l) of that section) by a Federal department or agency.''.
       (d) Relationship to International Emergency Economic Powers 
     Act.--Section 1754(b) of the Export Control Reform Act of 
     2018 (50 U.S.C. 4813(b)) is amended by inserting ``(other 
     than section 1758A)'' after ``this part''.
                                 ______
                                 
  SA 5918. Mr. WYDEN (for himself, Mr. Daines, Mr. Markey, Mr. Lee, Mr. 
Schatz, Mr. Paul, and Ms. Hirono) submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place XV, insert the following:

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

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees and make 
     available to the public on an internet website of the 
     Department of Defense a report that--
       (1) identifies each covered entity that is currently, or 
     during the five year period ending on the date of the 
     enactment of this Act was, without a court order--
       (A) obtaining in exchange for anything of value any covered 
     records; and
       (B) intentionally retaining or intentionally using such 
     covered records; and
       (2) for each covered entity identified pursuant to 
     paragraph (1), identifies--
       (A) each category of covered record the covered entity, 
     without a court order, is obtaining or obtained, in exchange 
     for anything of value;
       (B) whether the covered entity intentionally retained or is 
     intentionally retaining each category of covered records 
     pursuant to subparagraph (A);
       (C) whether the covered entity intentionally uses or used 
     each category of covered records identified pursuant to 
     subparagraph (A); and
       (D) whether such obtaining, retention, and use ceased 
     before the date of the enactment of this Act or is ongoing.
       (b) Form.--The report submitted under subsection (a) shall 
     be submitted in unclassified form.
       (c) Determination of Parties to a Communication.--In 
     determining under this section whether a party to a 
     communication is likely to be located inside or outside the 
     United States, the Secretary shall consider the Internet 
     Protocol (IP) address used by the party to the communication, 
     but may also consider other information known to the 
     Secretary.
       (d) Definitions.--In this section:
       (1) The term ``covered entities'' means the Defense 
     Agencies, Department of Defense activities, and components of 
     the Department that--
       (A) are under the authority, direction, and control of the 
     Under Secretary of Defense for Intelligence and Security; or
       (B) over which the Under Secretary exercises planning, 
     policy, funding, or strategic oversight authority.
       (2) The term ``covered records'' includes the following:
       (A) Location data generated by phones that are likely to be 
     located in the United States.
       (B) Domestic phone call records.
       (C) International phone call records.
       (D) Domestic text message records.
       (E) International text message records.
       (F) Domestic netflow records.
       (G) International netflow records.
       (H) Domestic Domain Name System records.
       (I) International Domain Name System records.
       (J) Other types of domestic internet metadata.
       (K) Other types of international internet metadata.
       (3) The term ``domestic'' means a telephone or an internet 
     communication in which all parties to the communication are 
     likely to be located in the United States.
       (4)(A) The term ``international'' means a telephone or an 
     internet communication in which one or more parties to the 
     communication are likely to be located in the United States 
     and one or more parties to the communication are likely to be 
     located outside the United States.
       (B) The term ``international'' does not include a telephone 
     or an internet communication in which all parties to the 
     communication are likely to be located outside the United 
     States.
       (5) The term ``obtain in exchange for anything of value'' 
     means to obtain by purchasing, to receive in connection with 
     services being provided for consideration, or to otherwise 
     obtain in exchange for consideration, including an access 
     fee, service fee, maintenance fee, or licensing fee.
       (6)(A) Except as provided in su bparagraph (B), the term 
     ``retain'' means the storage of a covered record.
       (B) The term ``retain'' does not include the temporary 
     storage of a covered record that will be, but has not yet 
     been, subjected to a process in which the covered record, 
     which is part of a larger compilation containing records that 
     are not covered records, are identified and deleted.
       (7)(A) Except as provided in subparagraph (B), the term 
     ``use'', with respect to a covered record, includes 
     analyzing, processing, or sharing the covered record.
       (B) The term ``use'' does not include subjecting the 
     covered record to a process in which the covered record, 
     which is part of a larger compilation containing records that 
     are not covered records, are identified and deleted.
                                 ______
                                 
  SA 5919. Mr. BOOZMAN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1064. REPORT ON LAND HELD BY ENTITIES CONNECTED TO THE 
                   PEOPLE'S REPUBLIC OF CHINA NEAR MILITARY 
                   INSTALLATIONS OR MILITARY AIRSPACE IN THE 
                   UNITED STATES.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives a report describing land held by 
     covered entities within 25 miles of a military instillation 
     or military airspace in the United States--
       (1) as of the date of the report; and
       (2) as of the date that is 5 years before such date of 
     enactment.
       (b) Coordination With Other Agencies.--In preparing the 
     report required by subsection (a), the Secretary may 
     coordinate with the heads of other Federal agencies to ensure 
     the completeness and accuracy of the information used to 
     prepare the report.
       (c) Covered Entity Defined.--In this section, the term 
     ``covered entity'' means any entity that--
       (1) is headquartered in the People's Republic of China;
       (2) is owned, directed, controlled, financed, or influenced 
     directly or indirectly by the Government of the People's 
     Republic of China, the Chinese Communist Party, or the 
     military of the People's Republic of China, including any 
     entity for which the Government of the People's Republic of 
     China, the Chinese Communist Party, or the military of the 
     People's Republic of China has the ability, through ownership 
     of a majority or a dominant minority of the total outstanding 
     voting interest in the 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 the entity in an important 
     manner; or
       (3) is a parent, subsidiary, or affiliate of any entity 
     described in paragraph (2).
                                 ______
                                 
  SA 5920. Mr. SCOTT of South Carolina (for himself and Mr. Toomey) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for fiscal 
year 2023 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. _____. MANAGEMENT OF BOARD OF DIRECTORS OF FDIC.

       Section 2 of the Federal Deposit Insurance Act (12 U.S.C. 
     1812) is amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--The management of the Corporation shall 
     be vested in a Board of Directors consisting of 5 members who 
     shall be

[[Page S5394]]

     appointed by the President, by and with the advice and 
     consent of the Senate, from among individuals who are 
     citizens of the United States, 1 of whom shall have State 
     bank supervisory experience.'';
       (2) in subsection (c)--
       (A) by striking paragraph (3) and inserting the following:
       ``(3) Continuation of service.--The Chairperson, Vice 
     Chairperson, and each appointed member may continue to serve 
     after the expiration of the term of office to which such 
     member was appointed until the earlier of--
       ``(A) the date on which a successor has been appointed and 
     qualified; or
       ``(B) the date on which the next session of Congress 
     subsequent to the expiration of such term expires.''; and
       (B) by adding at the end the following:
       ``(4) Limitation.--No appointed member shall serve more 
     than 12 years--
       ``(A) including any service described in paragraph (2); and
       ``(B) not including any service described in paragraph 
     (3).'';
       (3) by striking subsection (d) and inserting the following:
       ``(d) Vacancy.--Any vacancy on the Board of Directors shall 
     be filled in the manner in which the original appointment was 
     made.'';
       (4) in subsection (e)(2)--
       (A) in subparagraph (A), by striking ``or'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(C) be the Director or any other officer of the Bureau of 
     Consumer Financial Protection; or
       ``(D) be the Comptroller of the Currency or any other 
     officer of the Office of the Comptroller of the Currency.''; 
     and
       (5) in subsection (f)--
       (A) by striking paragraph (2); and
       (B) by redesignating paragraph (3) as paragraph (2).
                                 ______
                                 
  SA 5921. Mr. SCOTT of South Carolina (for himself and Mr. Warnock) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for fiscal 
year 2023 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 2868. BASING DECISION SCORECARD CONSISTENCY.

       Section 2883(h) of the Military Construction Authorization 
     Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 1781b 
     note) is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) Coordination with secretary of defense.--In 
     establishing a scorecard under this subsection, the Secretary 
     of the military department concerned shall coordinate with 
     the Secretary of Defense to ensure consistency among the 
     military departments.''.
                                 ______
                                 
  SA 5922. Mr. BOOZMAN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 606. REPORT ON ADEQUACY OF COST-OF-LIVING ALLOWANCE.

       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--
       (1) reviewing the adequacy and effectiveness of the cost-
     of-living allowance paid under section 403b of title 37, 
     United States Code, to members of the uniformed services 
     living in high cost areas in the continental United States, 
     taking into consideration--
       (A) the rising costs of non-housing-related expenses, such 
     as utilities, childcare, and other expenses incurred by such 
     members; and
       (B) units in living areas known to be high cost that may 
     not otherwise be identified as meeting the current 
     qualifications for the cost-of-living allowance;
       (2) assessing--
       (A) the methods the Secretary of Defense uses to determine 
     the appropriate price index to use as the basis for 
     determining the amount of the cost-of-living allowance; and
       (B) whether or not those methods should be changed 
     periodically to adjust for periods of inflation;
       (3) reviewing the feasibility of the 8 percent threshold 
     requirement under subsection (c) of section 403b of title 37, 
     United States Code, to determine if adjustments should be 
     made to that threshold in order to accurately capture 
     additional high cost areas; and
       (4) making recommendations with respect to the matters 
     described in paragraphs (1), (2), and (3).
                                 ______
                                 
  SA 5923. Mr. BOOZMAN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. __. RESTORATION, OPERATION, AND MAINTENANCE OF THE 
                   BATTLE OF THE BULGE MONUMENT BY THE AMERICAN 
                   BATTLE MONUMENTS COMMISSION.

       (a) In General.--After an agreement is made between the 
     Government of the Kingdom of Belgium and the United States 
     Government, the Battle of the Bulge Monument, formerly the 
     Mardasson Memorial, in the Kingdom of Belgium shall be 
     treated, for purposes of section 2104 of title 36, United 
     States Code, as a cemetery for which it was decided under 
     such section that the cemetery will become a permanent 
     cemetery and the American Battle Monuments Commission shall 
     restore, operate, and maintain the Battle of the Bulge 
     Monument (to the degree the Commission considers appropriate) 
     under such section in cooperation with the Government of the 
     Kingdom of Belgium.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Commission for the period of fiscal 
     years 2023 through 2025--
       (1) $30,000,000 for site preparation, design, planning, 
     construction, and associated administrative costs for the 
     restoration of the monument described in subsection (a); and
       (2) amounts necessary to operate and maintain the monument 
     described in subsection (a).
                                 ______
                                 
  SA 5924. Mr. SCOTT of South Carolina (for himself, Ms. Hassan, and 
Mr. Hagerty) submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1226. REPEAL OF SUNSET PROVISION OF IRAN SANCTIONS ACT 
                   OF 1996.

       (a) Findings.--Congress makes the following findings:
       (1) The Iran Sanctions Act of 1996 (Public Law 104-172; 50 
     U.S.C. 1701 note) requires the imposition of sanctions with 
     respect to Iran's illicit weapons programs, conventional 
     weapons and ballistic missile development, and support for 
     terrorism, including Iran's Revolutionary Guards Corps.
       (2) The Government of Iran has acquired destabilizing 
     conventional weapons systems from the Russian Federation and 
     other malign actors, and is funneling weapons and financial 
     support to its terrorist proxies throughout the Middle East, 
     threatening allies and partners of the United States, such as 
     Israel.
       (b) Statement of Policy.--It is the policy of the United 
     States to fully implement and enforce the Iran Sanctions Act 
     of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).
       (c) Repeal of Sunset.--Section 13 of the Iran Sanctions Act 
     of 1996 (Public Law 104-172; 50 U.S.C. 1701 note) is 
     amended--
       (1) in the section heading, by striking ``; sunset'';
       (2) by striking ``(a) Effective Date.--''; and
       (3) by striking subsection (b).
                                 ______
                                 
  SA 5925. Mr. TILLIS submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

[[Page S5395]]

  


     SEC. ___. REPORT ON TACTICAL SCALABLE MOBILE AD-HOC NETWORK 
                   AND OTHER COMMERCIAL MOBILE AD-HOC NETWORKS.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of the Army shall 
     submit to the congressional defense committees a report on 
     the progress made in developing the Tactical Scalable Mobile 
     (TSM) ad-hoc network of the Army.
       (b) Contents.--The report submitted under subsection (a) 
     shall include the following:
       (1) A description of the efforts to improve the networking 
     function while on the move, data throughput, and ease of 
     integration with Combined Joint All-Domain Command and 
     Control (C-JADC2) of the Tactical Scalable Mobile network.
       (2) A description of the efforts to utilize the Tactical 
     Scalable Mobile network to consolidate the nationwide network 
     architecture in the exit from Afghanistan.
       (3) A description of how the Army provides off and on ramps 
     of technology to its capability sets.
       (4) Identification of any impediments that limit the 
     ability of the Army to consider other commercial-off-the-
     shelf mobile ad-hoc network technologies that have previously 
     been or are currently being assessed.
       (5) An assessment of other mobile ad-hoc network 
     capabilities in use today that are complimentary of existing 
     single channel ground and airborne radio systems and legacy, 
     disparate communications-based systems.
       (6) An assessment of the resilience of the Tactical 
     Scalable Mobile network and other mobile ad-hoc network 
     technologies against electronic attack.
       (7) An assessment of the current fleet of vehicles, 
     aircraft, and tactical operations centers not included in the 
     capability set aligned units that would benefit from non-
     developmental mobile ad-hoc networks.
                                 ______
                                 
  SA 5926. Mr. TILLIS submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1064. REVIEW AND BRIEFING ON USE OF ARMY STRATEGIC 
                   MANAGEMENT SYSTEM TO TRACK AND DISPLAY SEXUAL 
                   HARASSMENT AND SEXUAL ASSAULT DATA.

       (a) Review and Briefing Required.--Not later than March 1, 
     2023, the Secretary of the Army shall conduct a review, and 
     provide a briefing to the congressional defense committees, 
     on the use by the Sexual Harassment/Assault Response and 
     Prevention Office of the Strategic Management System to track 
     and display sexual harassment and sexual assault data.
       (b) Elements.--The review and briefing required by 
     subsection (a) shall include the following:
       (1) An inventory of total Army users of the Strategic 
     Management System tool during the 10 years preceding the date 
     of the enactment of this Act.
       (2) An overview of the past 3 contracts the Army issued for 
     the Strategic Management System tool.
       (3) A description of the Army's plan to utilize the 
     Strategic Management System tool across Army installations to 
     better track and mitigate incidents of sexual harassment and 
     sexual assault.
       (4) A justification for the difference of increased Army 
     end user utilization of the Strategic Management System and 
     the declining long-term resource allocation to the Strategic 
     Management System at the program office level.
       (5) A breakdown of Strategic Management System requirements 
     across the Army enterprise and a funding plan to meet those 
     requirements.
       (6) Any other matters the Secretary considers relevant.
       (c) Incorporation of Viewpoints.--The review and briefing 
     required by subsection (a) shall incorporate the viewpoints 
     and participation of the following Army organizations:
       (1) The Sexual Harassment/Assault Response and Prevention 
     Office.
       (2) The Office of Business Transformation.
       (3) The Army Contracting Command.
                                 ______
                                 
  SA 5927. Mr. TILLIS submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:
        At the end of subtitle A of title XII, add the following:

     SEC. 1214. MODIFICATION OF COOPERATIVE LOGISTIC SUPPORT 
                   AGREEMENTS: NATO COUNTRIES.

       Section 2350d of title 10, United States Code, is amended--
       (1) in the section heading, by striking ``logistic 
     support'' and inserting ``acquisition and logistics 
     support'';
       (2) in subsection (a)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``logistics support'' and inserting ``acquisition and 
     logistics support''; and
       (ii) in subparagraph (B), by striking ``logistic support'' 
     and inserting ``acquisition and logistics support''; and
       (B) in paragraph (2)(B), by striking ``logistics support'' 
     and inserting ``armaments and logistics support''; and
       (3) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Partnership Agreement'' and inserting ``Partnership 
     Agreement or Arrangement'';
       (B) in paragraph (1)--
       (i) by striking ``supply and acquisition of logistics 
     support in Europe for requirements'' and inserting ``supply, 
     services, support, and acquisition, including armaments for 
     requirements''; and
       (ii) by striking ``supply and acquisition are appropriate'' 
     and inserting ``supply, services, support, and acquisition 
     are appropriate''; and
       (C) in paragraph (2), by striking ``logistics support'' 
     each place it appears and inserting ``acquisition and 
     logistics support''.
                                 ______
                                 
  SA 5928. Mr. HAGERTY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:
        At the end of subtitle F of title X, add the following:

     SEC. 1064. REPORT ON IMPACT OF GLOBAL CRITICAL MINERAL AND 
                   METAL RESERVES ON UNITED STATES MILITARY 
                   EQUIPMENT SUPPLY CHAINS.

       (a) In General.--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--
       (1) the impact of the current and future supply of global 
     critical mineral and metal reserves on the United States 
     military equipment supply chains; and
       (2) the feasibility of public-private partnerships to 
     foster supply chain resilience through strategic investments.
       (b) Elements.--The report required by subsection (a) shall 
     include--
       (1) an assessment of the efforts of the People's Republic 
     of China and the Russian Federation to acquire global 
     reserves of critical minerals and metals, including reserves 
     of lithium, tungsten, tantalum, cobalt, and molybdenum;
       (2) a description of the efforts of the Department of 
     Defense to procure critical minerals and metals;
       (3) a description of planned investments by the Department 
     to ensure the resiliency and security of the United States 
     military supply chains requiring critical minerals and 
     metals;
       (4) an assessment of the feasibility of engagement 
     initiated by the Department with public-private partnerships 
     to consult and coordinate in a concerted effort to improve 
     information sharing with respect to development and mining 
     projects, production technologies, and refining facilities 
     relating to securing supply chains of critical minerals and 
     metal reserves; and
       (5) an assessment of the feasibility of loan guarantees 
     provided by the Department to private industry to enable 
     significant strategic investments in development and mining 
     projects, production technologies, and refining facilities 
     relating to securing supply chains of critical minerals and 
     metal reserves.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form and include a classified 
     annex.
                                 ______
                                 
  SA 5929. Mr. HAGERTY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:
        At the end of subtitle D of title XII, add the following:

     SEC. 1254. REPORTS ON PRODUCTION, INTERNATIONAL TRANSPORT, 
                   AND SEIZURE OF CERTAIN ILLICIT DRUGS.

       (a) Findings.--Congress finds the following:
       (1) In January 2020, the Drug Enforcement Agency named 
     China as the primary source

[[Page S5396]]

     of United States-bound, illicit, fentanyl-related substances.
       (2) Although China instituted domestic controls in 2018 and 
     2019 on the production and exportation of fentanyl, some of 
     its variants, and two precursors known as NPP and 4-ANPP, and 
     the United Nations Commission on Narcotic Drugs recently 
     voted unanimously in favor of controlling 4-AP and two other 
     precursors, China has not yet expanded its class scheduling 
     to include many fentanyl precursors, such as 4-AP, which 
     continue to be trafficked to second countries in which they 
     are used in the final production of United States-bound 
     fentanyl and other synthetic opioids.
       (3) According to the Commission on Combating Synthetic 
     Opioid Trafficking Final Report, which was published in 
     February 2022, illicit fentanyl and related analogues 
     entering the United States are now primarily trafficked 
     across the southern border from Mexico, where drug cartels 
     use precursors from China to manufacture these deadly 
     substances.
       (4) The Joint Interagency Task Force West, which is part of 
     United States Indo-Pacific Command, uses military and law 
     enforcement capabilities to combat drug-related transnational 
     crime in the Asia-Pacific Region, including by supporting law 
     enforcement in efforts to reduce the illicit flow of drugs 
     and precursors originating in Asia and intended for markets 
     in the United States.
       (5) From June 2020 through May 2021, more than 100,000 
     Americans died from drug overdoses, roughly two-thirds of 
     which involved synthetic opioids, such as fentanyl and 
     related analogues.
       (b) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services of the Senate;
       (B) the Committee on the Judiciary of the Senate;
       (C) the Committee on Foreign Relations of the Senate;
       (D) the Committee on Armed Services of the House of 
     Representatives;
       (E) the Committee on the Judiciary of the House of 
     Representatives; and
       (F) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) China.--The term ``China'' means the People's Republic 
     of China.
       (3) Precursors.--The term ``precursors'' means chemicals 
     used in the illicit production of fentanyl and related 
     synthetic opioid variants.
       (c) Report on China's Scheduling of Fentanyl and Synthetic 
     Opioid Precursors and Steps to Combat Fentanyl Production and 
     Trafficking in China.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of Defense, 
     acting through the Director of the Joint Interagency Task 
     Force West and in consultation with the Secretary of State 
     and the Attorney General, shall submit to the appropriate 
     committees of Congress an unclassified written report, with a 
     classified annex, that includes--
       (1) a description of United States Government efforts to 
     secure implementation by the Chinese Government of 
     international narcotics controls regarding unregulated 
     fentanyl precursors, such as 4-AP; and
       (2) a plan for future steps the United States Government 
     will take to combat illicit fentanyl production and 
     trafficking originating in China.
       (d) Annual Report on Drug Seizures.--Not later than 6 
     months after the date of the enactment of this Act, and 
     annually thereafter, the Secretary of Defense, acting through 
     the Director of the Joint Interagency Task Force West and in 
     coordination with the Drug Enforcement Agency, the Office of 
     National Drug Control Policy, U.S. Customs and Border 
     Protection, the Department of Homeland Security, the 
     Department of Justice, the Coast Guard, the Centers for 
     Disease Control and Prevention, the Office of the United 
     States Trade Representative, the Office of the Director of 
     National Intelligence, the Central Intelligence Agency, the 
     Department of State, the United States Postal Service, and 
     any other relevant agency, shall submit a report to the 
     appropriate committees of Congress that describes--
       (1) with respect to illicit fentanyl, fentanyl analogues, 
     synthetic opioids, the precursors for illicit fentanyl, 
     fentanyl analogues, or synthetic opioids, methamphetamine, or 
     methamphetamine precursors that originated in the Asia-
     Pacific region and have been seized at the United States 
     borders and ports of entry--
       (A) the source countries from which such drugs originated 
     and the third party countries through which such drugs 
     traveled;
       (B) the methods used for transporting such drugs from the 
     Asia-Pacific region to the United States borders and ports of 
     entry;
       (C) the amounts of illicit fentanyl, fentanyl analogues, 
     synthetic opioids, the precursors for illicit fentanyl, 
     fentanyl analogues, or synthetic opioids, methamphetamine, or 
     methamphetamine precursors; and
       (D) the lethality of the amounts of illicit fentanyl, 
     fentanyl analogues, synthetic opioids, the precursors for 
     illicit fentanyl, fentanyl analogues, or synthetic opioids, 
     methamphetamine, or methamphetamine precursors seized;
       (2) with respect to illicit fentanyl, fentanyl analogues, 
     synthetic opioids, the precursors for illicit fentanyl, 
     fentanyl analogues, or synthetic opioids, methamphetamine, or 
     methamphetamine precursors that originated in the Asia-
     Pacific region and have been seized within the United 
     States--
       (A) the source countries from which such drugs originated 
     and the third party countries through which such drugs 
     traveled;
       (B) the methods used for transporting such drugs from the 
     Asia-Pacific region to the United States borders and ports of 
     entry;
       (C) the amounts of illicit fentanyl, fentanyl analogues, 
     synthetic opioids, the precursors for illicit fentanyl, 
     fentanyl analogues, or synthetic opioids, methamphetamine, or 
     methamphetamine precursors seized; and
       (D) the lethality of the amounts of illicit fentanyl, 
     fentanyl analogues, synthetic opioids, the precursors for 
     illicit fentanyl, fentanyl analogues, or synthetic opioids, 
     methamphetamine, or methamphetamine precursors seized; and
       (3) the activities conducted by Chinese entities and 
     nationals in furtherance of illicit fentanyl production in 
     Mexico for drug trafficking purposes.
                                 ______
                                 
  SA 5930. Mr. HAGERTY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:
       At the appropriate place in title II, insert the following:

     SEC. ___. REPORT ON DEFENSE ADVANCED MANUFACTURING 
                   CAPABILITIES.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of the Air 
     Force shall submit to Congress a report on identifying, 
     evaluating, and manufacturing the fundamental materials and 
     processes related to future Air Force assets operating at 
     very high velocities in extreme environmental conditions.
       (b) Contents.--The report submitted under subsection (a) 
     shall include the following:
       (1) An assessment of current research and development plans 
     related to the materials and manufacturing processes directed 
     towards flight critical components for future Air Force 
     vehicles operating in extreme environments, including 
     operating environments of temperatures exceeding 3000 degrees 
     Fahrenheit, high aerodynamic forces, and significant 
     variations in atmospheric conditions.
       (2) An assessment of how the Air Force is prioritizing 
     early state research, development, and demonstration in 
     materials and manufacturing for extreme environments, to 
     include development of new processes for increasing 
     performance, decreasing cost, and lead time for complex 
     geometries and exotic materials needed for future Air Force 
     assets.
       (3) An assessment of efforts made by the Air Force to 
     maintain, or increase, a secure, classified industrial 
     research and manufacturing base that prevents the loss of 
     intellectual property theft to foreign entities.
       (4) An assessment of the effect of the continuation of 
     current research and development collaborations between the 
     Air Force research laboratories and the National Laboratories 
     of the Department of Energy in order to achieve these 
     results.
       (5) The feasibility of the Air Force leveraging the 
     Manufacturing Demonstration Facility of the Department of 
     Energy and the National Laboratories of the Department in 
     order to achieve these results.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form and include a classified 
     annex.
                                 ______
                                 
  SA 5931. Mr. SCOTT of South Carolina submitted an amendment intended 
to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself 
and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:
       At the appropriate place, insert the following:

     SEC. _____. HELPING STARTUPS CONTINUE TO GROW.

       (a) Definitions.--
       (1) Securities act of 1933.--Section 2(a)(19)(B) of the 
     Securities Act of 1933 (15 U.S.C. 77b(a)(19)(B)) is amended 
     by striking ``fifth'' and inserting ``tenth''.
       (2) Securities exchange act of 1934.--Section 3(a)(80)(B) 
     of the Securities Exchange Act of 1934 (15 U.S.C. 
     78c(a)(80)(B)) is amended by striking ``fifth'' and inserting 
     ``tenth''.
       (b) Rulemaking.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Securities Exchange Commission 
     shall issue an interim final rule carrying out the amendment 
     made by subsection (a).
       (2) Definitions.--In amending the definition of emerging 
     growth company, as required under paragraph (1), the 
     Securities

[[Page S5397]]

     Exchange Commission shall not make or solicit feedback on 
     alterations to the definition of emerging growth company to 
     narrow the definition or increase their regulatory 
     obligations or restrictions of emerging growth companies.
                                 ______
                                 
  SA 5932. Mr. SCOTT of South Carolina (for himself and Ms. Rosen) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for fiscal 
year 2023 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:
        At the end of subtitle F of title XII, add the following:

     SEC. 1276. COI ELIMINATION ACT.

       (a) Short Title.--This section may be cited as the ``COI 
     Elimination Act''.
       (b) Abolition and Restriction.--
       (1) Statement of policy.--It is the policy of the United 
     States--
       (A) to seek the abolition of the United Nations Independent 
     International Commission of Inquiry on the Occupied 
     Palestinian Territory, including East Jerusalem, and in 
     Israel; and
       (B) to combat systemic anti-Israel bias at the United 
     Nations Human Rights Council and other international fora.
       (2) Abolition of certain united nations groups.--Section 
     721(b) of the Admiral James W. Nance and Meg Donovan Foreign 
     Relations Authorization Act, Fiscal Years 2000 and 2001, 
     enacted by reference pursuant to section 1000(a)(7) of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 2000 (Public Law 
     106-113) (22 U.S.C. 287 note) is amended by striking ``; and 
     the Division on Public Information on the Question of 
     Palestine'' and inserting ``; the Division on Public 
     Information on the Question of Palestine; and the United 
     Nations Independent International Commission of Inquiry on 
     the Occupied Palestinian Territory, including East Jerusalem, 
     and in Israel''.
       (3) Withholding of funds.--Section 114 of the Department of 
     State Authorization Act, Fiscal Years 1984 and 1985 (Public 
     Law 98-164; 22 U.S.C. 287e note) is amended--
       (A) in subsection (a)
       (i) in paragraph (6), by striking ``and'' after the 
     semicolon;
       (ii) in paragraph (7), by striking the period and inserting 
     ``; and''; and
       (iii) by adding at the end the following new paragraph:
       ``(8) 22 percent of the amount budgeted for the United 
     Nations Independent International Commission of Inquiry on 
     the Occupied Palestinian Territory, including East Jerusalem, 
     and in Israel, unless the Secretary of State submits to 
     Congress a certification that the United Nations Independent 
     International Commission of Inquiry on the Occupied 
     Palestinian Territory, including East Jerusalem, and in 
     Israel has been abolished.''; and
       (B) by adding at the end the following:
       ``(e) If the Secretary of State submits to Congress a 
     certification under paragraph (8) of subsection (a), the 
     United States shall, subject to available appropriations, 
     provide to the United Nations an amount equal to the total 
     amount of funds withheld in accordance with such paragraph 
     during the current and any prior year.''.
                                 ______
                                 
  SA 5933. Mr. PORTMAN (for himself, Ms. Klobuchar, and Mr. Peters) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for fiscal 
year 2023 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:
        At the appropriate place in subtitle G of title X, insert 
     the following:

     SECTION 10__. REQUIREMENT FOR INFORMATION SHARING AGREEMENTS.

       (a) Short Title.--This section may be cited as the 
     ``Intragovernmental Cybersecurity Information Sharing Act''.
       (b) Appropriate Officials Defined.--In this section, the 
     term ``appropriate officials'' means--
       (1) the Majority Leader, Minority Leader, and the Secretary 
     of the Senate with respect to an agreement with the Sergeant 
     at Arms and Doorkeeper of the Senate; and
       (2) the Speaker, the Minority Leader, and the Sergeant at 
     Arms of the House of Representatives with respect to an 
     agreement with the Chief Administrative Officer of the House 
     of Representatives.
       (c) Requirement.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the President, the Sergeant at Arms 
     and Doorkeeper of the Senate, and the Chief Administrative 
     Officer of the House of Representatives, in consultation with 
     the appropriate officials, shall enter into 1 or more 
     cybersecurity information sharing agreements to enhance 
     collaboration between the executive branch and Congress on 
     implementing cybersecurity measures to improve the protection 
     of legislative branch information technology.
       (2) Delegation.--If the President delegates the duties 
     under paragraph (1), the designee of the President shall 
     coordinate with appropriate Executive agencies (as defined in 
     section 105 of title 5, United States Code, including the 
     Executive Office of the President) and the appropriate 
     officers in the executive branch in entering any agreement 
     described in paragraph (1).
       (d) Elements.--The parties to a cybersecurity information 
     sharing agreement under subsection (c) shall jointly develop 
     such elements of the agreement as the parties find 
     appropriate, which may include--
       (1) direct and timely sharing of technical indicators and 
     contextual information on cyber threats and vulnerabilities, 
     and the means for such sharing;
       (2) direct and timely sharing of classified and 
     unclassified reports on cyber threats and activities 
     consistent with the protection of sources and methods;
       (3) seating of cybersecurity personnel of the Office of the 
     Sergeant at Arms and Doorkeeper of the Senate or the Office 
     of the Chief Administrative Officer of the House of 
     Representatives at cybersecurity operations centers; and
       (4) any other elements the parties find appropriate.
       (e) Briefing to Congress.--Not later than 210 days after 
     the date of enactment of this Act, and at least annually 
     thereafter, the President shall brief the Committee on 
     Homeland Security and Governmental Affairs and the Committee 
     on Rules and Administration of the Senate, the Committee on 
     Homeland Security and the Committee on House Administration 
     of the House of Representatives, and the appropriate 
     officials on the status of the implementation of the 
     agreements required under subsection (c).
                                 ______
                                 
  SA 5934. Mr. PADILLA proposed an amendment to the bill S. 3092, to 
amend the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act to improve the provision of certain disaster assistance, and for 
other purposes; as follows:

       On page 19, line 16, strike ``Red Flag'' and all that 
     follows through ``technologies,'' on line 18 and insert 
     ``forecasts and data, including information that supports the 
     Red Flag Warnings of the National Oceanic and Atmospheric 
     Administration and similar weather alert and notification 
     methods,''.
       On page 21, line 19, strike ``cultural competency'' and 
     insert ``effective communication''.
       On page 22, strike lines 2 through 15 and insert the 
     following:
       ``(b) Effective Communication.--The President shall, in 
     consultation with affected States, local governments, and 
     Indian tribal governments and cultural experts, ensure that 
     any individual providing professional counseling services to 
     victims of a major disaster as authorized under subsection 
     (a), including those working for nonprofit partners and 
     recovery organizations, is appropriately trained to address 
     impacts from major disasters in communities, and to 
     individuals, with socio-economically disadvantaged 
     backgrounds.''.

     SEC. 8. CASE MANAGEMENT EFFECTIVE COMMUNICATION.

       On page 22, strike line 23 and all that follows through 
     page 23, line 9, and insert the following:
       ``(b) Effective Communication.--The President shall, in 
     consultation with affected States, local governments, and 
     Indian tribal governments and cultural experts, ensure that 
     any individual providing case management services to victims 
     of a major disaster as authorized under subsection (a), 
     including those working for nonprofit partners and recovery 
     organizations, is appropriately trained to address impacts 
     from major disasters in communities, and to individuals, with 
     socio-economically disadvantaged backgrounds.''.
       On page 25, strike line 8 and all that follows through page 
     27, line 8, and insert the following:

     SEC. 11. INCREASED CAP FOR EMERGENCY DECLARATIONS BASED ON 
                   REGIONAL COST OF LIVING.

       On page 27, strike lines 15 and 16 and insert the 
     following:

     SEC. 12. FACILITATING DISPOSAL OF TEMPORARY TRANSPORTABLE 
                   HOUSING UNITS TO SURVIVORS.

       On page 28, strike lines 1 through 12 and insert the 
     following:

     SEC. 13. DEADLINE ON CODE ENFORCEMENT AND MANAGEMENT COST 
                   ELIGIBILITY.

       (a) In General.--Section 406(a)(2)(D) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172(a)(2)(D)) is amended by striking ``180 days'' and 
     inserting ``1 year''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall apply with respect to amounts appropriated on or after 
     the date of enactment of this Act.

     SEC. 14. PERMIT APPLICATIONS FOR TRIBAL UPGRADES TO EMERGENCY 
                   OPERATIONS CENTERS.

       (a) In General.--Section 614(a) of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5196c(a)) is amended--

[[Page S5398]]

       (1) by inserting ``and Indian tribal governments'' after 
     ``grants to States''; and
       (2) by striking ``State and local'' and inserting ``State, 
     local, and Tribal''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall apply with respect to amounts appropriated on or after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 5935. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1012. EMPOWERING HOMELAND SECURITY INVESTIGATIONS TO 
                   COUNTER DRUG SMUGGLING BY TRANSNATIONAL 
                   CRIMINAL ORGANIZATIONS.

       (a) In General.--Subtitle C of title IV of the Homeland 
     Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 437. COUNTERING DRUG SMUGGLING BY TRANSNATIONAL 
                   CRIMINAL ORGANIZATIONS.

       ``(a) Program Established.--The Secretary shall establish a 
     program that provides special agents of the Department 
     described in subsection (c) and any State, tribal, or local 
     law enforcement officers designated by the Secretary with the 
     powers and authorities given to customs officers described in 
     section 401(i) of the Tariff Act of 1930 (19 U.S.C. 1401(i)) 
     to prevent the smuggling, trafficking, manufacture, and sale 
     of drugs by transnational criminal organizations engaged in 
     cross-border criminal operations, which shall be exercised in 
     the performance of the special agents' existing functions 
     related to customs and criminal law enforcement.
       ``(b) Interagency Coordination and Deconfliction.--The 
     Secretary shall ensure that the special agents authorized 
     through the program established pursuant to subsection (a) 
     conduct investigative data deconfliction, target data 
     deconfliction, and event deconfliction with Federal, State, 
     tribal, and local law enforcement agencies, including the 
     Drug Enforcement Administration, during the course of 
     criminal and customs investigations described in subsection 
     (a), to more effectively coordinate investigative activity 
     and ensure officer and agent safety.
       ``(c) Scope.--The authority granted to special agents under 
     subsection (a) is limited to special agents who have 
     successfully completed--
       ``(1) the Federal Law Enforcement Training Center's 
     Criminal Investigator Training Program; and
       ``(2)(A) Customs Basic Enforcement School, if the officer 
     was hired before March 2003; or
       ``(B) U.S. Immigration and Customs Enforcement Homeland 
     Security Investigations Special Agent Training, if the 
     officer was hired during or after March 2003.''.
       (b) Clerical Amendment.--The table of contents for the 
     Homeland Security Act of 2002 (Public Law 107-296) is amended 
     by inserting after the item relating to section 436 the 
     following:

``Sec. 437. Countering drug smuggling by transnational criminal 
              organizations.''.
                                 ______
                                 
  SA 5936. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1012. LAW ENFORCEMENT AUTHORITY FOR HOMELAND SECURITY 
                   INVESTIGATIONS TO COUNTER DRUG SMUGGLING BY 
                   TRANSNATIONAL CRIMINAL ORGANIZATIONS.

       Section 508 of the Controlled Substances Act (21 U.S.C. 
     878) is amended by adding at the end the following:
       ``(c) Special Agents of the Homeland Security 
     Investigations and State, tribal, and local law enforcement 
     officers designated by the Executive Associate Director for 
     Homeland Security Investigations pursuant to section 401(i) 
     of the Tariff Act of 1930 (19 U.S.C. 1401(i)) shall have the 
     powers and authorities described in subsection (a) for the 
     enforcement of this Act, which shall be exercised in the 
     performance of the Department of Homeland Security's existing 
     functions related to customs and criminal law enforcement 
     under the Homeland Security Act of 2002 (Public Law 107-
     296).''.
                                 ______
                                 
  SA 5937. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 5745 proposed by Mr. Schumer to the bill H.R. 6833, to 
amend title XXVII of the Public Health Service Act, the Internal 
Revenue Code of 1986, and the Employee Retirement Income Security Act 
of 1974 to establish requirements with respect to cost-sharing for 
certain insulin products, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REGULATION OF DIETARY SUPPLEMENTS.

       (a) In General.--Chapter IV of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 341 et seq.) is amended by inserting 
     after section 403C of such Act the following:

     ``SEC. 403D. DIETARY SUPPLEMENT LISTING REQUIREMENT.

       ``(a) In General.--Each dietary supplement shall be listed 
     with the Secretary in accordance with this section.
       ``(b) Listing Submissions.--
       ``(1) In general.--Each responsible person, or, if the 
     responsible person is a foreign entity, the United States 
     agent, shall submit to the Secretary in accordance with this 
     section the following information for each dietary supplement 
     that will be marketed:
       ``(A) Any proprietary name of the dietary supplement and 
     the statement of identity, including brand name and specified 
     flavors, if applicable.
       ``(B) The full name, address, and telephone number for the 
     responsible person, and the name and e-mail address of the 
     owner, operator, or agent in charge of the responsible 
     person.
       ``(C) The full name, address, telephone number, and e-mail 
     address for the United States agent, if the responsible 
     person is a foreign entity.
       ``(D) The full business name and address of all locations 
     at which the responsible person manufactures, packages, 
     labels, or holds the dietary supplement.
       ``(E) An electronic copy of the label for the dietary 
     supplement, and an electronic copy of the package insert, if 
     any.
       ``(F) A list of all ingredients in the dietary supplement 
     required to appear on the label under sections 101.4 and 
     101.36 of title 21, Code of Federal Regulations, including--
       ``(i) the amount per serving of each listed ingredient, if 
     such information is required to appear on the label; and
       ``(ii) if required by section 101.36 of title 21, Code of 
     Federal Regulations, the percent of the daily value of each 
     listed ingredient.
       ``(G) The number of servings per container for each 
     container size.
       ``(H) The conditions of use.
       ``(I) Warnings and precautions.
       ``(J) Statements regarding major food allergens, as defined 
     in section 201(qq) of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 321(qq)).
       ``(K) The dosage form, such as pill, capsule, liquid, or 
     powder.
       ``(L) Any claim that--
       ``(i) characterizes the relationship of any nutrient which 
     is of the type required by section 403(q)(1) or section 
     (q)(2) to be in the label or labeling of the food to a 
     disease or a health-related condition; or
       ``(ii) is subject to notification under section 403(r)(6) 
     that appears in the supplement's labeling.
       ``(M) The unique dietary supplement identifier for the 
     product, provided in accordance with paragraph (3).
       ``(2) Format.--A listing submitted under this section shall 
     be in such electronic form and manner as the Secretary may 
     prescribe. The Secretary shall promptly confirm, 
     electronically, receipt of a complete listing under this 
     section.
       ``(3) Unique listing identification numbers.--
       ``(A) In general.--The Secretary shall establish a unique 
     dietary supplement identifier system that shall be used by 
     the responsible person under this section.
       ``(B) Reservation of numbers.--The system shall allow a 
     responsible person to reserve multiple dietary supplement 
     identifier numbers in advance of listing.
       ``(C) Use requirement.--Any unique dietary supplement 
     identifier shall be used only in connection with the product 
     for which the identifier was used during the listing process.
       ``(4) Submission dates.--A responsible person under this 
     section shall report to the Secretary the listing information 
     described in paragraph (1) pursuant to the following 
     timelines:
       ``(A) In general.--
       ``(i) Existing dietary supplements.--In the case of a 
     dietary supplement that is being offered in interstate 
     commerce on the date that is 18 months after the date of 
     enactment of this section, a listing for each such dietary 
     supplement formulation introduced or delivered for 
     introduction into interstate commerce by the responsible 
     person for commercial distribution shall be submitted by the 
     responsible person with the Secretary under this section not 
     later than 60 days after the date that is 18 months after the 
     date of enactment of such Act.
       ``(ii) New dietary supplements.--In the case of a dietary 
     supplement that is not being offered in interstate commerce 
     on the date that is 18 months after the date of enactment. of 
     this section, a listing for each

[[Page S5399]]

     such dietary supplement formulation introduced or delivered 
     for introduction into interstate commerce by the responsible 
     person for commercial distribution which has not been 
     included in any listing previously submitted by the 
     responsible person to the Secretary under this section shall 
     be submitted to the Secretary prior to introducing the 
     dietary supplement into interstate commerce.
       ``(B) Reformulations.--A listing of each dietary supplement 
     formulation introduced by the responsible person for 
     commercial distribution that has a label that differs for 
     such dietary supplement from the representative label 
     provided under subsection (a) with respect to the product 
     name, amount of dietary ingredients, or other distinguishing 
     characteristics such as dosage form (such as pill, capsule, 
     liquid, or powder) shall be submitted to the Secretary not 
     later than 15 business days after introducing the dietary 
     supplement with the change into interstate commerce.
       ``(C) Discontinued dietary supplements.--If the responsible 
     person has discontinued the commercial marketing of a dietary 
     supplement formulation included in a listing submitted by the 
     responsible person under subparagraph (A) or (B), the 
     responsible person shall report to the Secretary the date of 
     such discontinuance, within 90 days of the discontinuance of 
     the dietary supplement.
       ``(5) Supplier information record keeping requirement.--
     Each responsible person subject to the requirements of this 
     subsection shall maintain a record of the full business name 
     and address from which the responsible person receives any 
     dietary ingredient or combination of dietary ingredients that 
     the responsible person uses in the manufacture of the dietary 
     supplement, or, if applicable, from which the responsible 
     person receives the dietary supplement. The responsible 
     person shall make this information available to the Secretary 
     within 72 hours of request from the Secretary.
       ``(c) Electronic Database.--Beginning not later than 2 
     years after the Secretary specifies a unique dietary 
     supplement identifier system pursuant to subsection (b)(3), 
     the Secretary shall maintain an electronic database that--
       ``(1) is publicly accessible;
       ``(2) is populated with information regarding dietary 
     supplements that is provided under this section or any other 
     provision of this Act; and
       ``(3) enables the public to search the database by a 
     dietary supplement's unique dietary supplement identifier or 
     other field of information or combination of fields.
       ``(d) Authorization of Appropriations.--For purposes of 
     conducting activities under this section and hiring personnel 
     to carry out this section, there are authorized to be 
     appropriated $4,000,000 for fiscal year 2022 and $1,000,000 
     for each of fiscal years 2023 through 2026.''.
       (b) Misbranding.--Section 403 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 343) is amended by adding at the 
     end the following:
       ``(z) If it is a dietary supplement for which a responsible 
     person is required to file a listing under section 403D and 
     such responsible person has not made a listing with respect 
     to such dietary supplement.''.
       (c) New Prohibited Act.--Section 301 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding 
     at the end the following:
       ``(fff) The introduction or delivery for introduction into 
     interstate commerce of a dietary supplement that has been 
     prepared, packed, or held using the assistance of, or at the 
     direction of, a person debarred under section 306.''.
       (d) Rule of Construction.--Nothing in the amendments made 
     by subsections (a) through subsection (c) shall be construed 
     to expand the existing authorities of the Food and Drug 
     Administration, other than as specified in such amendments. 
     This subsection shall not be construed to--
       (1) limit the existing authorities of the Food and Drug 
     Administration; or
       (2) limit the authorities specified in the amendments made 
     by subsections (a) through subsection (c).
                                 ______
                                 
  SA 5938. Mr. PORTMAN (for himself and Mr. Brown) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 632. PAYMENT OF EXPENSES AND CLAIMS RELATING TO THE 
                   RETURN OF PERSONAL EFFECTS OF A DECEASED MEMBER 
                   OF THE ARMED FORCES.

       Section 1482(a) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(11)(A) Delivery of personal effects of a decedent to the 
     next of kin or other appropriate person.
       ``(B) If the Secretary concerned enters into an agreement 
     with an entity to carry out subparagraph (A), the Secretary 
     concerned shall pursue a claim against such entity that 
     arises from the failure of such entity to substantially 
     perform such subparagraph.
       ``(C) If an entity described in subparagraph (B) fails to 
     substantially perform subparagraph (A) by damaging, losing, 
     or destroying the personal effects of a decedent, the 
     Secretary concerned shall reimburse the person designated 
     under subsection (c) the greater of $1,000 or the fair market 
     value of such damage, loss, or destruction. The Secretary 
     concerned may request, from the person designated under 
     subsection (c), proof of fair market value and ownership of 
     the personal effects.''.
                                 ______
                                 
  SA 5939. Mr. PORTMAN (for himself and Mr. Durbin) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        On page 582, line 16, strike ``$800,000,000'' and insert 
     ``$8,000,000,000''.

                                 ______
                                 
  SA 5940. Mr. PORTMAN (for himself and Mr. Brown) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

   Subtitle G--Promotion of Freedom of Information and Countering of 
               Censorship and Surveillance in North Korea

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Otto Warmbier 
     Countering North Korean Censorship and Surveillance Act of 
     2022''.

     SEC. 1282. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress makes the following findings:
       (1) The information landscape in North Korea is the most 
     repressive in the world, consistently ranking last or near-
     last in the annual World Press Freedom Index.
       (2) Under the brutal rule of Kim Jung Un, the country's 
     leader since 2012, the North Korean regime has tightened 
     controls on access to information, as well as enacted harsh 
     punishments for consumers of outside media, including 
     sentencing to time in a concentration camp and a maximum 
     penalty of death.
       (3) Such repressive and unjust laws surrounding information 
     in North Korea resulted in the death of 22-year-old United 
     States citizen and university student Otto Warmbier, who had 
     traveled to North Korea in December 2015 as part of a guided 
     tour.
       (4) Otto Warmbier was unjustly arrested, sentenced to 15 
     years of hard labor, and severely mistreated at the hands of 
     North Korean officials. While in captivity, Otto Warmbier 
     suffered a serious medical emergency that placed him into a 
     comatose state. Otto Warmbier was comatose upon his release 
     in June 2017 and died 6 days later.
       (5) Despite increased penalties for possession and 
     viewership of foreign media, the people of North Korean have 
     increased their desire for foreign media content, according 
     to a survey of 200 defectors concluding that 90 percent had 
     watched South Korean or other foreign media before defecting.
       (6) On March 23, 2021, in an annual resolution, the United 
     Nations General Assembly condemned ``the long-standing and 
     ongoing systematic, widespread and gross violations of human 
     rights in the Democratic People's Republic of Korea'' and 
     expressed grave concern at, among other things, ``the denial 
     of the right to freedom of thought, conscience, and religion 
     . . . and of the rights to freedom of opinion, expression, 
     and association, both online and offline, which is enforced 
     through an absolute monopoly on information and total control 
     over organized social life, and arbitrary and unlawful state 
     surveillance that permeates the private lives of all 
     citizens''.
       (7) In 2018, Typhoon Yutu caused extensive damage to 15 
     broadcast antennas used by the United States Agency for 
     Global Media in Asia, resulting in reduced programming to 
     North Korea. The United States Agency for Global Media has 
     rebuilt 5 of the 15 antenna systems as of June 2021.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) in the event of a crisis situation, particularly where 
     information pertaining to the crisis is being actively 
     censored or a false narrative is being put forward, the 
     United States should be able to quickly increase its 
     broadcasting capability to deliver fact-based information to 
     audiences, including those in North Korea; and

[[Page S5400]]

       (2) the United States International Broadcasting Surge 
     Capacity Fund is already authorized under section 316 of the 
     United States International Broadcasting Act of 1994 (22 
     U.S.C. 6216), and expanded authority to transfer unobligated 
     balances from expired accounts of the United States Agency 
     for Global Media would enable the Agency to more nimbly 
     respond to crises.

     SEC. 1283. STATEMENT OF POLICY.

        It is the policy of the United States--
       (1) to provide the people of North Korea with access to a 
     diverse range of fact-based information;
       (2) to develop and implement novel means of communication 
     and information sharing that increase opportunities for 
     audiences in North Korea to safely create, access, and share 
     digital and non-digital news without fear of repressive 
     censorship, surveillance, or penalties under law; and
       (3) to foster and innovate new technologies to counter 
     North Korea's state-sponsored repressive surveillance and 
     censorship by advancing internet freedom tools, technologies, 
     and new approaches.

     SEC. 1284. UNITED STATES STRATEGY TO COMBAT NORTH KOREA'S 
                   REPRESSIVE INFORMATION ENVIRONMENT.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall develop and 
     submit to Congress a strategy on combating North Korea's 
     repressive information environment.
       (b) Elements.--The strategy required by subsection (a) 
     shall include the following:
       (1) An assessment of the challenges to the free flow of 
     information into North Korea created by the censorship and 
     surveillance technology apparatus of the Government of North 
     Korea.
       (2) A detailed description of the agencies and other 
     government entities, key officials, and security services 
     responsible for the implementation of North Korea's 
     repressive laws regarding foreign media consumption.
       (3) A detailed description of the agencies and other 
     government entities and key officials of foreign governments 
     that assist, facilitate, or aid North Korea's repressive 
     censorship and surveillance state.
       (4) A review of existing public-private partnerships that 
     provide circumvention technology and an assessment of the 
     feasibility and utility of new tools to increase free 
     expression, circumvent censorship, and obstruct repressive 
     surveillance in North Korea.
       (5) A description of and funding levels required for 
     current United States Government programs and activities to 
     provide access for the people of North Korea to a diverse 
     range of fact-based information.
       (6) An update of the plan required by section 104(a)(7)(A) 
     of the North Korean Human Rights Act of 2004 (22 U.S.C. 
     7814(a)(7)(A)).
       (7) A description of Department of State programs and 
     funding levels for programs that promote internet freedom in 
     North Korea, including monitoring and evaluation efforts.
       (8) A description of grantee programs of the United States 
     Agency for Global Media in North Korea that facilitate 
     circumvention tools and broadcasting, including monitoring 
     and evaluation efforts.
       (9) A detailed assessment of how the United States 
     International Broadcasting Surge Capacity Fund authorized 
     under section 316 of the United States International 
     Broadcasting Act of 1994 (22 U.S.C. 6216) has operated to 
     respond to crisis situations in the past, and how authority 
     to transfer unobligated balances from expired accounts would 
     help the United States Agency for Global Media in crisis 
     situations in the future.
       (10) A detailed plan for how the authorization of 
     appropriations under section 1285 will operate alongside and 
     augment existing programming from the relevant Federal 
     agencies and facilitate the development of new tools to 
     assist that programming.
       (c) Form of Strategy.--The strategy required by subsection 
     (a) shall be submitted in unclassified form, but may include 
     the matters required by paragraphs (2) and (3) of subsection 
     (b) in a classified annex.

     SEC. 1285. PROMOTING FREEDOM OF INFORMATION AND COUNTERING 
                   CENSORSHIP AND SURVEILLANCE IN NORTH KOREA.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to the United States Agency for Global 
     Media an additional $10,000,000 for each of fiscal years 2023 
     through 2027 to provide increased broadcasting and grants for 
     the following purposes:
       (1) To promote the development of internet freedom tools, 
     technologies, and new approaches, including both digital and 
     non-digital means of information sharing related to North 
     Korea.
       (2) To explore public-private partnerships to counter North 
     Korea's repressive censorship and surveillance state.
       (3) To develop new means to protect the privacy and 
     identity of individuals receiving media from the United 
     States Agency for Global Media and other outside media 
     outlets from within North Korea.
       (4) To bolster existing programming from the United States 
     Agency for Global Media by restoring the broadcasting 
     capacity of damaged antennas caused by Typhoon Yutu in 2018.
       (b) Annual Reports.--Section 104(a)(7)(B) of the North 
     Korean Human Rights Act of 2004 (22 U.S.C. 7814(a)(7)(B)) is 
     amended--
       (1) in the matter preceding clause (i)--
       (A) by striking ``1 year after the date of the enactment of 
     this paragraph'' and inserting ``September 30, 2022''; and
       (B) by striking ``Broadcasting Board of Governors'' and 
     inserting ``Chief Executive Officer of the United States 
     Agency for Global Media''; and
       (2) in clause (i), by inserting after ``this section'' the 
     following: ``and sections 1284 and 1285 of the Otto Warmbier 
     Countering North Korean Censorship and Surveillance Act of 
     2022''.
                                 ______
                                 
  SA 5941. Mr. PORTMAN (for himself and Mr. Durbin) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        Strike section 1232 and insert the following:

     SEC. 1232. EXTENSION AND MODIFICATION OF PROHIBITION ON 
                   AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY 
                   OF THE RUSSIAN FEDERATION OVER CRIMEA.

        Section 1234 of the National Defense Authorization Act for 
     Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1974) is 
     amended--
       (1) in the section heading, by inserting ``or certain parts 
     of ukraine'' after ``crimea''; and
       (2) by amending subsection (a) to read as follows:
       ``(a) Prohibition.--None of the funds authorized to be 
     appropriated for fiscal year 2022 or 2023 for the Department 
     of Defense may be obligated or expended to implement any 
     activity that recognizes the sovereignty of the Russian 
     Federation over Crimea, Kherson Oblast, Zaporizhzhia Oblast, 
     Donetsk Oblast, or Luhansk Oblast.''.
                                 ______
                                 
  SA 5942. Mr. PORTMAN (for himself and Mr. Heinrich) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 564. MILITARY TRAINING ON EMERGING TECHNOLOGIES.

       (a) Integrating Digital Skill Sets and Computational 
     Thinking Into Military Junior Leader Education.--Not later 
     than 270 days after the date of the enactment of this Act, 
     the Chief of Staff of the Army, the Chief of Naval 
     Operations, the Chief of Staff of the Air Force, and the 
     Commandant of the Marine Corps shall expand the curriculum 
     for military junior leader education to incorporate 
     appropriate training material related to problem definition 
     and curation, a conceptual understanding of the artificial 
     intelligence lifecycle, data collection and management, 
     probabilistic reasoning and data visualization, and data-
     informed decisionmaking. Whenever possible, the new training 
     and education should include the use of existing artificial 
     intelligence-enabled systems and tools.
       (b) Integration of Material on Emerging Technologies Into 
     Professional Military Education.--Not later than one year 
     after the date of the enactment of this Act, the Secretary of 
     Defense, in consultation with the Joint Chiefs of Staff, 
     shall ensure that the curriculum for professional military 
     education is revised in each of the military services to 
     incorporate periodic courses on militarily significant 
     emerging technologies that increasingly build the knowledge 
     base, vocabulary, and skills necessary to intelligently 
     analyze and utilize emerging technologies in the tactical, 
     operational, and strategic levels of warfighting and 
     warfighting support.
       (c) Emerging Technology-coded Billets Within the Department 
     of Defense.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     ensure that the military services--
       (A) code appropriate billets to be filled by emerging 
     technology-qualified officers; and
       (B) develop a process for officers to become qualified in 
     emerging technologies.
       (2) Appropriate positions.--Emerging technology-coded 
     positions may include, as appropriate--
       (A) positions responsible for assisting with acquisition of 
     emerging technologies;
       (B) positions responsible for helping integrate technology 
     into field units;
       (C) positions responsible for developing organizational and 
     operational concepts;
       (D) positions responsible for developing training and 
     education plans; and
       (E) leadership positions at the operational and tactical 
     levels within the military services.

[[Page S5401]]

       (3) Qualification process.--The process for qualifying 
     officers for emerging technology-coded billets shall be 
     modeled on a streamlined version of the joint qualification 
     process and may include credit for serving in emerging 
     technology focused fellowships, emerging technology focused 
     talent exchanges, emerging technology focused positions 
     within government, and educational courses focused on 
     emerging technologies.
                                 ______
                                 
  SA 5943. Mr. PORTMAN (for himself and Mr. Coons) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1077. REAUTHORIZATION OF THE TROPICAL FOREST AND CORAL 
                   REEF CONSERVATION ACT OF 1998.

       Section 806(d) of the Tropical Forest and Coral Reef 
     Conservation Act of 1998 (22 U.S.C. 2431d(d)) is amended by 
     adding at the end the following new paragraphs:
       ``(9) $20,000,000 for fiscal year 2023.
       ``(10) $20,000,000 for fiscal year 2024.
       ``(11) $20,000,000 for fiscal year 2025.
       ``(12) $20,000,000 for fiscal year 2026.
       ``(13) $20,000,000 for fiscal year 2027.''.
                                 ______
                                 
  SA 5944. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1254. STABILITY ACROSS THE TAIWAN STRAIT.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) United States engagement with Taiwan should include 
     actions, activities, and programs that mutually benefit the 
     United States and Taiwan such as--
       (A) people-to-people exchanges;
       (B) bilateral and multilateral economic cooperation; and
       (C) assisting Taiwan's efforts to participate in 
     international institutions;
       (2) the United States should pursue new engagement 
     initiatives with Taiwan, such as--
       (A) enhancing cooperation on science and technology;
       (B) joint infrastructure development in third countries;
       (C) renewable energy and environmental sustainability 
     development; and
       (D) investment screening coordination;
       (3) the United States should expand its financial support 
     for the Global Cooperation and Training Framework, and 
     encourage like-minded countries to co-sponsor workshops, to 
     showcase Taiwan's capacity to contribute to solving global 
     challenges in the face of the Government of the PRC's 
     campaign to isolate Taiwan in the international community;
       (4) to advance the goals of the April 2021 Department of 
     State guidance expanding unofficial United States-Taiwan 
     contacts, the United States, Taiwan, and Japan should aim to 
     host Global Cooperation and Training Framework workshops 
     timed to coincide with plenaries and other meetings of 
     international organizations;
       (5) the United States should support efforts to engage 
     regional counterparts in Track 1.5 and Track 2 dialogues on 
     the stability across the Taiwan Strait, which are important 
     for increasing strategic awareness amongst all parties and 
     the avoidance of conflict;
       (6) bilateral confidence-building measures and crisis 
     stability dialogues between the United States and the PRC are 
     important mechanisms for maintaining deterrence and stability 
     across the Taiwan Strait and should be prioritized; and
       (7) the United States and the PRC should prioritize the use 
     of a fully operational military crisis hotline to provide a 
     mechanism for the leadership of the two countries to 
     communicate directly in order to quickly resolve 
     misunderstandings that could lead to military escalation.
       (b) Authorization of Appropriations for the Global 
     Cooperation and Training Framework.--There are authorized to 
     be appropriated for the Global Cooperation and Training 
     Framework under the Economic Support Fund authorized under 
     section 531 of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2346), $6,000,000 for each of the fiscal years 2022 through 
     2025, which may be expended for
       (c) trainings and activities that increase Taiwan's 
     economic and international integration.
       (c) Supporting Confidence Building Measures and Stability 
     Dialogues.--
       (1) Annual report.--Not later than 180 days after the date 
     of the enactment of this Act, and annually thereafter, the 
     Secretary of State, in coordination with the Secretary of 
     Defense, shall submit an unclassified report, with a 
     classified annex, to the appropriate committees of Congress 
     that includes--
       (A) a description of all military-to-military dialogues and 
     confidence-building measures between the United States and 
     the PRC during the 10-year period ending on the date of the 
     enactment of this Act;
       (B) a description of all bilateral and multilateral 
     diplomatic engagements with the PRC in which cross-Strait 
     issues were discussed during such 10-year period, including 
     Track 1.5 and Track 2 dialogues;
       (C) a description of the efforts in the year preceding the 
     submission of the report to conduct engagements described in 
     subparagraphs (A) and (B); and
       (D) a description of how and why the engagements described 
     in subparagraphs (A) and (B) have changed in frequency or 
     substance during such 10-year period.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated for the Department of State, and, as 
     appropriate, the Department of Defense, no less than 
     $2,000,000 for each of the fiscal years 2022 through 2025, 
     which shall be used to support existing Track 1.5 and Track 2 
     strategic dialogues facilitated by independent nonprofit 
     organizations in which participants meet to discuss cross-
     Strait stability issues.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Armed Services of the Senate;
       (3) the Committee on Appropriations of the Senate;
       (4) the Committee on Foreign Affairs of the House of 
     Representatives;
       (5) the Committee on Armed Services of the House of 
     Representatives; and
       (6) the Committee on Appropriations of the House of 
     Representatives.
                                 ______
                                 
  SA 5945. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title XII, add the following:

Subtitle G--Supporting United States Educational and Exchange Programs 
                              With Taiwan

     SEC. 1281. SHORT TITLE.

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

     SEC. 1282. FINDINGS.

       Congress makes the following findings:
       (1) The Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 
     3301 et seq.) affirmed United States policy ``to preserve and 
     promote extensive, close, and friendly commercial, cultural, 
     and other relations between the people of the United States 
     and the people on Taiwan, as well as the people on the China 
     mainland and all other peoples of the Western Pacific area''.
       (2) Consistent with the Asia Reassurance Initiative Act of 
     2018 (Public Law 115-409), the United States has grown its 
     strategic partnership with Taiwan's vibrant democracy of 
     23,000,000 people.
       (3) Despite a concerted campaign by the People's Republic 
     of China to isolate Taiwan from its diplomatic partners and 
     from international organizations, including the World Health 
     Organization, Taiwan has emerged as a global leader in the 
     coronavirus global pandemic response, including by donating 
     more than 2,000,000 surgical masks and other medical 
     equipment to the United States.
       (4) The creation of a United States fellowship program with 
     Taiwan would support--
       (A) a key priority of expanding people-to-people exchanges, 
     which was outlined in President Donald J. Trump's 2017 
     National Security Strategy;
       (B) President Joseph R. Biden's commitment to Taiwan, ``a 
     leading democracy and a critical economic and security 
     partner'', as expressed in his March 2021 Interim National 
     Security Strategic Guidance; and
       (C) April 2021 guidance from the Department of State based 
     on a review required under the Taiwan Assurance Act of 2020 
     (subtitle B of title III of division FF of Public Law 116-
     260) to ``encourage U.S. government engagement with Taiwan 
     that reflects our deepening unofficial relationship''.

     SEC. 1283. PURPOSES.

       The purposes of this subtitle are--
       (1) to further strengthen the United States-Taiwan 
     strategic partnership and broaden understanding of the Indo-
     Pacific region by temporarily assigning officials of any 
     agencies of the United States Government to Taiwan for 
     intensive study in Mandarin and placement as Fellows with the 
     governing authorities on Taiwan or a Taiwanese civic 
     institution;
       (2) to provide for eligible United States personnel--

[[Page S5402]]

       (A) to learn or strengthen Mandarin Chinese language 
     skills; and
       (B) to expand their understanding of the political economy 
     of Taiwan and the Indo-Pacific region; and
       (3) to better position the United States to advance its 
     economic, security, and human rights interests and values in 
     the Indo-Pacific region.

     SEC. 1284. DEFINITIONS.

       In this subtitle:
       (1) Agency head.--The term ``agency head'' means, in the 
     case of the executive branch of United States Government or a 
     legislative branch agency described in paragraph (2), the 
     head of the respective agency.
       (2) Agency of the united states government.--The term 
     ``agency of the United States Government'' includes the 
     Government Accountability Office, the Congressional Budget 
     Office, and the Congressional Research Service of the 
     legislative branch, as well as any agency of the executive 
     branch.
       (3) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Appropriations of the House of 
     Representatives.
       (4) Detailee.--The term ``detailee''--
       (A) 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 he or 
     she is employed; and
       (B) a legislative branch employee from the Government 
     Accountability Office, Congressional Budget Office, or the 
     Congressional Research Service.
       (5) Implementing partner.--The term ``implementing 
     partner'' means any United States organization described in 
     501(c)(3) of the Internal Revenue Code of 1986 that--
       (A) performs logistical, administrative, and other 
     functions, as determined by the Department of State and the 
     American Institute of Taiwan in support of the Taiwan 
     Fellowship Program; and
       (B) enters into a cooperative agreement with the American 
     Institute in Taiwan to administer the Taiwan Fellowship 
     Program.
       (6) Program.--The term ``Program'' means the Taiwan 
     Fellowship Program established pursuant to section 1285.

     SEC. 1285. TAIWAN FELLOWSHIP PROGRAM.

       (a) Establishment.--The Secretary of State shall establish 
     the Taiwan Fellowship Program (referred to in this section as 
     the ``Program'') to provide a fellowship opportunity in 
     Taiwan of up to 2 years for eligible United States citizens. 
     The Department of State, in consultation with the American 
     Institute in Taiwan and the implementing partner, may modify 
     the name of the Program.
       (b) Cooperative Agreement.--
       (1) In general.--The American Institute in Taiwan should 
     use amounts appropriated pursuant to section 1288(a) to enter 
     into an annual or multi-year cooperative agreement with an 
     appropriate implementing partner.
       (2) Fellowships.--The Department of State or the American 
     Institute in Taiwan, in consultation with, as appropriate, 
     the implementing partner, should award to eligible United 
     States citizens, subject to available funding--
       (A) approximately 5 fellowships during the first 2 years of 
     the Program; and
       (B) approximately 10 fellowships during each of the 
     remaining years of the Program.
       (c) American Institution in Taiwan Agreement; Implementing 
     Partner.--Not later than 30 days after the date of the 
     enactment of this Act, the American Institute in Taiwan, in 
     consultation with the Department of State, should--
       (1) 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
       (2) begin the process of selecting an implementing partner, 
     which--
       (A) shall agree to meet all of the legal requirements 
     required to operate in Taiwan; and
       (B) shall be composed of staff who demonstrate significant 
     experience managing exchange programs in the Indo-Pacific 
     region.
       (d) Curriculum.--
       (1) First year.--During the first year of each fellowship 
     under this section, each fellow should study--
       (A) the Mandarin Chinese language;
       (B) the people, history, and political climate on Taiwan; 
     and
       (C) the issues affecting the relationship between the 
     United States and the Indo-Pacific region.
       (2) 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 subtitle, should work in--
       (A) a parliamentary office, ministry, or other agency of 
     the governing authorities on Taiwan; or
       (B) 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 is or had been employed.
       (e) 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 less than two years, and may alter 
     the curriculum requirements under subsection (d) for such 
     purposes.
       (f) Sunset.--The fellowship program under this subtitle 
     shall terminate 7 years after the date of the enactment of 
     this Act.
       (g) 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 beginning the fellowship;
       (C) has at least 2 years of experience in any branch of the 
     United States Government;
       (D) has a demonstrated professional or educational 
     background in the relationship between the United States and 
     countries in the Indo-Pacific region; and
       (E) has demonstrated his or her commitment to further 
     service in the United States Government.
       (2) Responsibilities of fellows.--Each recipient of a 
     fellowship under this section shall agree, as a condition of 
     such fellowship--
       (A) to maintain satisfactory progress in language training 
     and appropriate behavior in Taiwan, consistent with United 
     States Government policy toward Taiwan, as determined by the 
     Department of State, the American Institute in Taiwan and, as 
     appropriate, its implementing partner;
       (B) to refrain from engaging in any intelligence or 
     intelligence-related activity on behalf of the United States 
     Government; and
       (C) to continue Federal Government employment for a period 
     of not less than 4 years after the conclusion of the 
     fellowship or for not less than 2 years for a fellowship that 
     is 1 year or shorter.
       (3) Responsibilities of implementing partner.--
       (A) Selection of fellows.--The implementing partner, with 
     the concurrence of the Department of State and the American 
     Institute in Taiwan, shall--
       (i) make efforts to recruit fellowship candidates who 
     reflect the diversity of the United States;
       (ii) select fellows for the Taiwan Fellowship Program based 
     solely on merit, with appropriate supervision from the 
     Department of State and the American Institute in Taiwan; and
       (iii) prioritize the selection of candidates willing to 
     serve in a fellowship lasting 1 year or longer.
       (B) First year.--The implementing partner should provide 
     each fellow in the first year (or shorter duration, as 
     jointly determined by the Department of State and the 
     American Institute in Taiwan for those who are not serving a 
     2-year fellowship) with--
       (i) intensive Mandarin Chinese language training; and
       (ii) courses in the politics, culture, and history of 
     Taiwan, China, and the broader Indo-Pacific.
       (C) Waiver of first-year 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 paragraph (2) to the extent 
     that a fellow has Mandarin language skills, knowledge of the 
     topic described in subparagraph (B)(ii), or for other related 
     reasons approved by the Department of State and the American 
     Institute in Taiwan. If any of the training requirements are 
     waived for a fellow serving a 2-year fellowship, the training 
     portion of his or her fellowship may be shortened to the 
     extent appropriate.
       (D) Office; staffing.--The implementing partner, in 
     consultation with the Department of State and the American 
     Institute in Taiwan, may maintain an office and at least 1 
     full-time staff member in Taiwan--
       (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 division and 
     their dependents.
       (E) Other functions.--The implementing partner may perform 
     other functions in association with support of the Taiwan 
     Fellowship Program, including logistical and administrative 
     functions, as prescribed by the Department of State and the 
     American Institute in Taiwan.
       (4) Noncompliance.--
       (A) In general.--Any fellow who fails to comply with the 
     requirements under this section shall reimburse the American 
     Institute in Taiwan, or the appropriate United States 
     Government agency for--
       (i) the Federal funds expended for the fellow's 
     participation in the fellowship, as set forth in paragraphs 
     (2) and (3); and
       (ii) interest accrued on such funds (calculated at the 
     prevailing rate).
       (B) Full reimbursement.--Any fellow who violates paragraph 
     (1) or (2) of subsection (b) shall reimburse the American 
     Institute in Taiwan, or the appropriate United States

[[Page S5403]]

     Government agency, 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 subparagraph (A), 
     which shall be calculated at the prevailing rate.
       (C) Pro rata reimbursement.--Any fellow who violates 
     subsection (b)(3) shall reimburse the American Institute in 
     Taiwan, or the appropriate United States Government agency, 
     in an amount equal to the difference between--
       (i) the amount specified in paragraph (2); 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 subsection 
     (b)(3) during which the fellow did not remain employed by the 
     Federal Government.

     SEC. 1286. REPORTS AND AUDITS.

       (a) Annual Report.--Not later than 90 days after the 
     selection of the first class of fellows under this subtitle, 
     and annually thereafter for 7 years, the Department of State 
     shall offer to brief the appropriate committees of Congress 
     regarding the following issues:
       (1) An assessment of the performance of the implementing 
     partner in fulfilling the purposes of this division.
       (2) 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.
       (3) The names of the parliamentary offices, ministries, 
     other agencies of the governing authorities on Taiwan, and 
     nongovernmental institutions to which each fellow was 
     assigned during the second year of the fellowship.
       (4) Any recommendations, as appropriate, to improve the 
     implementation of the Taiwan Fellowship Program, including 
     added flexibilities in the administration of the program.
       (5) An assessment of the Taiwan Fellowship Program's value 
     upon the relationship between the United States and Taiwan or 
     the United States and Asian countries.
       (b) Annual Financial Audit.--
       (1) In general.--The financial records of any implementing 
     partner shall be audited annually in accordance with 
     generally accepted government 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.
       (2) Location.--Each audit under paragraph (1) shall be 
     conducted at the place or places where the financial records 
     of the implementing partner are normally kept.
       (3) Access to documents.--The implementing partner shall 
     make available to the accountants conducting an audit under 
     paragraph (1)--
       (A) 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
       (B) full facilities for verifying transactions with the 
     balances or securities held by depositories, fiscal agents, 
     and custodians.
       (4) Report.--
       (A) In general.--Not later than 9 months after the end of 
     each fiscal year, the implementing partner shall provide a 
     report of the audit conducted for such fiscal year under 
     paragraph (1) to the Department of State and the American 
     Institute in Taiwan.
       (B) 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--

       (I) all contracts and cooperative agreements requiring 
     payments greater than $5,000; and
       (II) any payments of compensation, salaries, or fees at a 
     rate greater than $5,000 per year.

       (C) Copies.--Each audit report shall be produced in 
     sufficient copies for distribution to the public.

     SEC. 1287. TAIWAN FELLOWS ON DETAIL FROM GOVERNMENT SERVICE.

       (a) In General.--
       (1) Detail authorized.--With the approval of the Secretary 
     of State, an agency head may detail, for a period of not more 
     than 2 years, an employee of the agency of the United States 
     Government who has been awarded a fellowship under this 
     subtitle, to the American Institute in Taiwan for the purpose 
     of assignment to the governing authorities on Taiwan or an 
     organization described in section 1285(d)(2)(B).
       (2) Agreement.--Each detailee shall enter into a written 
     agreement with the Federal Government before receiving a 
     fellowship, in which the fellow shall agree--
       (A) to continue in the service of the sponsoring agency at 
     the end of fellowship for a period of at least 4 years (or at 
     least 2 years if the fellowship duration is 1 year or 
     shorter) unless the detailee is involuntarily separated from 
     the service of such agency; and
       (B) to pay to the American Institute in Taiwan, or the 
     United States Government agency, as appropriate, any 
     additional expenses incurred by the Federal Government in 
     connection with the fellowship if the detailee voluntarily 
     separates from service with the sponsoring agency before the 
     end of the period for which the detailee has agreed to 
     continue in the service of such agency.
       (3) Exception.--The payment agreed to under paragraph 
     (2)(B) may not be required from 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.
       (b) Status as Government Employee.--A detailee--
       (1) is deemed, for the purpose of preserving allowances, 
     privileges, rights, seniority, and other benefits, to be an 
     employee of the sponsoring agency;
       (2) 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
       (3) may be assigned to a position with an entity described 
     in section 1285(d)(2)(A) if acceptance of such position does 
     not involve--
       (A) the taking of an oath of allegiance to another 
     government; or
       (B) the acceptance of compensation or other benefits from 
     any foreign government by such detailee.
       (c) Responsibilities of Sponsoring Agency.--
       (1) In general.--The Federal agency from which a detailee 
     is detailed should provide the fellow allowances and benefits 
     that are consistent with Department of State Standardized 
     Regulations or other applicable rules and regulations, 
     including--
       (A) a living quarters allowance to cover the cost of 
     housing in Taiwan;
       (B) a cost of living allowance to cover any possible higher 
     costs of living in Taiwan;
       (C) a temporary quarters subsistence allowance for up to 7 
     days if the fellow is unable to find housing immediately upon 
     arriving in Taiwan;
       (D) 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;
       (E) 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
       (F) an economy-class airline ticket to and from Taiwan for 
     each fellow and the fellow's immediate family.
       (2) 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 
     paragraph (1) if such modification is warranted by fiscal 
     circumstances.
       (d) 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.
       (e) Reimbursement.--Fellows may be detailed under 
     subsection (a)(1) without reimbursement to the United States 
     by the American Institute in Taiwan.
       (f) Allowances and Benefits.--Detailees may be paid by the 
     American Institute in Taiwan for the allowances and benefits 
     listed in subsection (c).

     SEC. 1288. FUNDING.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to the American Institute in Taiwan--
       (1) for fiscal year 2023, $2,900,000, of which--
       (A) $500,000 shall be used to launch the Taiwan Fellowship 
     Program through a competitive cooperative agreement with an 
     appropriate implementing partner;
       (B) $2,300,000 shall be used to fund a cooperative 
     agreement with an appropriate implementing partner; and
       (C) $100,000 shall be used for management expenses of the 
     American Institute in Taiwan related to the management of the 
     Taiwan Fellowship Program; and
       (2) for fiscal year 2024, and each succeeding fiscal year, 
     $2,400,000, of which--
       (A) $2,300,000 shall be used for a cooperative agreement to 
     the appropriate implementing partner; and
       (B) $100,000 shall be used for management expenses of the 
     American Institute in Taiwan related to the management of the 
     Taiwan Fellowship Program.
       (b) Private Sources.--The implementing partner selected to 
     implement the Taiwan Fellowship 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.

     SEC. 1289. STUDY AND REPORT.

       Not later than one year prior to the sunset of the 
     fellowship program under section 1285(f), the Comptroller 
     General of the United States shall conduct a study and submit 
     to the Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House a report that 
     includes--

[[Page S5404]]

       (1) an analysis of the United States Government 
     participants in this program, including the number of 
     applicants and the number of fellowships undertaken, the 
     place of employment, and an assessment of the costs and 
     benefits for participants and for the United States 
     Government of such fellowships;
       (2) an analysis of the financial impact of the fellowship 
     on United States Government offices which have provided 
     fellows to participate in the program; and
       (3) recommendations, if any, on how to improve the 
     fellowship program.

     SEC. 1290. SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE 
                   PROGRAMS WITH TAIWAN.

       (a) Establishment of the United States-Taiwan Cultural 
     Exchange Foundation.--The Secretary of State should consider 
     establishing an independent nonprofit entity that--
       (1) is dedicated to deepening ties between the future 
     leaders of Taiwan and the future leaders of the United 
     States; and
       (2) works with State and local school districts and 
     educational institutions to send high school and university 
     students to Taiwan to study the Chinese language, culture, 
     history, politics, and other relevant subjects.
       (b) Partner.--State and local school districts and 
     educational institutions, including public universities, are 
     encouraged to partner with the Taipei Economic and Cultural 
     Representative Office in the United States to establish 
     programs to promote more educational and cultural exchanges.
                                 ______
                                 
  SA 5946. Mr. DURBIN (for himself, Mr. Murphy, Mr. Leahy, Mr. Merkley, 
and Mr. Brown) submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1276. DISBURSEMENT OF FOREIGN MILITARY FINANCING FUNDS 
                   FOR EGYPT TO FOREIGN MILITARY SALES TRUST FUND.

       Notwithstanding any other provision of law, funds 
     appropriated pursuant to the Foreign Military Financing 
     Program for assistance for Egypt for fiscal years 2022 and 
     2023 shall be disbursed to the Foreign Military Sales Trust 
     Fund.
                                 ______
                                 
  SA 5947. Mr. MURPHY (for himself and Ms. Warren) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1077. COMMISSION ON CIVILIAN HARM.

       (a) Establishment.--There is hereby established a 
     commission, to be known as the ``Commission on Civilian 
     Harm'' (in this section referred to as the ``Commission'').
       (b) Responsibilities.--
       (1) General responsibilities.--The Commission shall carry 
     out a study of the following:
       (A) Civilian harm resulting from, or incidental to, the use 
     of force by the United States Armed Forces that occurred 
     during the period of inquiry.
       (B) The policies, procedures, rules, and regulations of the 
     Department of Defense for the prevention of, mitigation of, 
     and response to civilian harm that were in effect during the 
     period of inquiry.
       (2) Particular duties.--In carrying out the general 
     responsibilities of the Commission under paragraph (1), the 
     Commission shall carry out the following:
       (A) Conduct an investigation into the record of the United 
     States with respect to civilian harm during the period of 
     inquiry, including by investigating a representative sample 
     of incidents of civilian harm that occurred where the United 
     States used military force (including incidents confirmed by 
     media and civil society organizations and dismissed by the 
     Department of Defense) by conducting hearings, witness 
     interviews, document and evidence review, and site visits, 
     when practicable.
       (B) Identify the recurring causes of civilian harm, as well 
     as the factors contributing to civilian harm, resulting from 
     the use of force by United States Armed Forces during the 
     period of inquiry and assess whether such causes and factors 
     could be addressed and, if so, whether they were resolved.
       (C) Assess the extent to which the United States Armed 
     Forces have implemented the recommendations of Congress, the 
     Department of Defense, other Government agencies, or civil 
     society organizations, or the recommendations contained in 
     studies sponsored or commissioned by the United States 
     Government, with respect to the protection of civilians and 
     efforts to minimize, investigate, and respond to civilian 
     harm resulting from, or incidental to, United States military 
     operations.
       (D) Assess the responsiveness of the Department of Defense 
     to incidents of civilian harm and the practices for 
     responding to such incidents, including--
       (i) assessments;
       (ii) investigations;
       (iii) acknowledgment; and
       (iv) the provision of compensation payments, including the 
     use of congressionally authorized ex gratia payments, 
     assistance, and other responses.
       (E) Assess the extent to which the United States Armed 
     Forces comply with the rules, procedures, policies, 
     memoranda, directives, and doctrine of the Department of 
     Defense for preventing, mitigating, and responding to 
     civilian harm.
       (F) Assess the extent to which the policies, protocols, 
     procedures, and practices of the Department of Defense for 
     preventing, mitigating, and responding to civilian harm 
     comply with applicable international humanitarian law, 
     applicable international human rights law, and United States 
     law, including the Uniform Code of Military Justice.
       (G) Assess incidents of civilian harm that occurred, or 
     allegedly occurred, during the period of inquiry, by--
       (i) determining whether any such incidents were concealed, 
     and if so by assessing the actions taken to conceal;
       (ii) assessing the policies and procedures for whistle-
     blowers to report such incidents;
       (iii) determining the extent of the responsiveness and 
     effectiveness of Inspector General oversight, as applicable, 
     regarding reports of incidents of civilian harm; and
       (iv) assessing the accuracy of the United States Government 
     public civilian casualty estimates.
       (H) Assess the short-, medium-, and long-term consequences 
     of incidents of civilian harm that occurred during the period 
     of inquiry on--
       (i) the affected communities, including humanitarian 
     consequences;
       (ii) the strategic interests of the United States; and
       (iii) the foreign policy goals and objectives of the United 
     States.
       (I) Assess the extent to which the Department of Defense 
     Instruction on Responding to Civilian Harm in Military 
     Operations, as required by section 936 of the John S. McCain 
     National Defense Authorization Act for Fiscal Year 2019 
     (Public Law 115-232; 10 U.S.C. 134 note), addresses issues 
     identified during the investigation of the Commission and 
     what further measures are needed to address issues that the 
     Commission identifies during its operations.
       (J) Assess the extent to which United States diplomatic 
     goals and objectives were affected by the incidents of 
     civilian harm during the period of inquiry.
       (c) Authorities.--
       (1) Security clearances.--The appropriate Federal 
     departments or agencies shall cooperate with the Commission 
     in expeditiously providing to the members and staff of the 
     Commission appropriate security clearances, to the extent 
     possible, pursuant to existing procedures and requirements. 
     No person shall be provided with access to classified 
     information under this section without the appropriate 
     security clearances.
       (2) Hearings and evidence.--The Commission or, on the 
     authority of the Commission, any portion thereof, may, for 
     the purpose of carrying out this section--
       (A) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths as the Commission, or such portion 
     thereof, may determine advisable; and
       (B) provide for the attendance and testimony of such 
     witnesses and the production of such books, records, 
     correspondence, memoranda, papers, and documents as the 
     Commission, or such portion thereof, may determine advisable.
       (3) Inability to obtain documents or testimony.--In the 
     event that the Commission is unable to obtain testimony or 
     documents needed to conduct its work, the Commission shall 
     notify the congressional defense committees and appropriate 
     investigative authorities.
       (4) Access to information.--The Commission may secure 
     directly from the Department of Defense any information or 
     assistance that the Commission considers necessary to enable 
     the Commission to carry out the requirements of this section. 
     Upon receipt of a request of the Commission for information 
     or assistance, the Secretary of Defense shall furnish such 
     information or assistance expeditiously to the Commission. 
     Whenever information or assistance requested by the 
     Commission is unreasonably refused or not provided, the 
     Commission shall report the circumstances to Congress without 
     delay.
       (d) Composition.--
       (1) Number and appointment.--The Commission shall be 
     composed of 12 members who are civilian individuals not 
     employed by the Federal Government.
       (2) Membership.--The members shall be appointed as follows:
       (A) The Majority Leader and the Minority Leader of the 
     Senate shall each appoint one member.

[[Page S5405]]

       (B) The Speaker of the House of Representatives and the 
     Minority Leader shall each appoint one member.
       (C) The Chair and the Ranking Member of the Committee on 
     Armed Services of the Senate shall each appoint one member.
       (D) The Chair and the Ranking Member of the Committee on 
     Armed Services of the House of Representatives shall each 
     appoint one member.
       (E) The Chair and the Ranking Member of the Committee on 
     Appropriations of the Senate shall each appoint one member.
       (F) The Chair and Ranking Member of the Committee on 
     Appropriations of the House of Representatives shall each 
     appoint one member.
       (3) Chair and vice chair.--The Commission shall elect a 
     Chair and Vice Chair from among its members.
       (4) Deadline for appointment.--Members shall be appointed 
     to the Commission under paragraph (1) not later than 90 days 
     after the date of the enactment of this Act.
       (5) Nongovernmental appointees.--An individual appointed to 
     serve as a member of the Commission may not be an officer or 
     employee of the Federal Government or of any State or local 
     government or a member of the United States Armed Forces 
     serving on active duty.
       (e) Meetings.--
       (1) Initial meeting.--The Commission shall meet and begin 
     the operations of the Commission not later than 120 days 
     after the date of the enactment of this Act.
       (2) Quorum; vacancies.--After its initial meeting, the 
     Commission shall meet upon the call of the Chair or a 
     majority of its members. Five members of the Commission shall 
     constitute a quorum. Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.
       (f) Staffing.--
       (1) Appointment and compensation.--The Chair, in accordance 
     with rules agreed upon by the Commission, may appoint and fix 
     the compensation of a staff director and such other personnel 
     as may be necessary to enable the Commission to carry out its 
     functions, without regard to the provisions of title 5, 
     United States Code, governing appointments in the competitive 
     service, and without regard to the provisions of chapter 51 
     and subchapter III of chapter 53 of such title relating to 
     classification and General Schedule pay rates, except that no 
     rate of pay fixed under this paragraph may exceed the 
     equivalent of that payable for a position at level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code.
       (2) Personnel.--The Commission shall have the authorities 
     provided in section 3161 of title 5, United States Code, and 
     shall be subject to the conditions set forth in such section, 
     except to the extent that such conditions would be 
     inconsistent with the requirements of this section.
       (3) Personnel as federal employees.--
       (A) In general.--The staff director and any personnel of 
     the Commission who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (B) Members of commission.--Subparagraph (A) shall not be 
     construed to apply to members of the Commission.
       (4) Qualifications.--Commission personnel should have 
     experience and expertise in areas including--
       (A) international humanitarian law;
       (B) human rights law;
       (C) investigations;
       (D) humanitarian response;
       (E) United States military operations;
       (F) national security policy;
       (G) the languages, histories, and cultures of regions that 
     have experienced civilian harm during the period of inquiry; 
     and
       (H) other such areas the members of the Commission 
     determine necessary to carry out the responsibilities of the 
     Commission under subsection (b).
       (5) Contracting.--The Commission may, to such extent and in 
     such amounts as are provided in appropriation Acts, enter 
     into contracts to enable the Commission to discharge its 
     duties under this section.
       (6) Consultant services.--The Commission is authorized to 
     procure the services of experts and consultants in accordance 
     with section 3109 of title 5, United States Code, but at 
     rates not to exceed the daily rate paid a person occupying a 
     position at level IV of the Executive Schedule under section 
     5315 of title 5, United States Code.
       (g) Reports.--
       (1) Interim report.--Not later than June 1, 2024, the 
     Commission shall submit to the appropriate congressional 
     committees an interim report on the study referred to in 
     subsection (b)(1), including the results and findings of such 
     study as of that date.
       (2) Other reports.--The Commission may, from time to time, 
     submit to the appropriate congressional committees such other 
     reports on such study as the Commission considers 
     appropriate.
       (3) Final report.--Not later than two years after the date 
     of the appointment of all of the members of the Commission 
     under subsection (d), the Commission shall submit to the 
     appropriate congressional committees a final report on such 
     study. The report shall include--
       (A) the findings of the Commission; and
       (B) recommendations based on the findings of the Commission 
     to improve the prevention, mitigation, assessment, and 
     investigation of incidents of civilian harm.
       (4) Public availability.--The Commission shall make 
     publicly available on an appropriate internet website an 
     unclassified version of each report submitted by the 
     Commission under this subsection and shall ensure that such 
     versions are minimally redacted only for legitimately 
     classified information.
       (h) Definitions.--In this section:
       (1) The term ``appropriate congressional committees'' 
     means--
       (A) the congressional defense committees;
       (B) the Committee on Foreign Affairs, the Committee on 
     Oversight and Reform, the Committee on Transportation and 
     Infrastructure, and the Permanent Select Committee on 
     Intelligence of the House of Representatives; and
       (C) the Committee on Foreign Relations, the Committee on 
     Homeland Security and Governmental Affairs, the Committee on 
     Commerce, Science, and Transportation, and the Select 
     Committee on Intelligence of the Senate.
       (2) The term ``civilian harm'' means--
       (A) the death or injury of a civilian; or
       (B) destruction of civilian property.
       (3) The term ``period of inquiry'' means the period 
     beginning on the date of the enactment of the Authorization 
     for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 
     note) and ending on the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2023.
                                 ______
                                 
  SA 5948. Mr. MURPHY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1064. REPORT ON ALTERNATIVE APPROACHES TO MANNING SHIPS 
                   UNDERGOING REFUELING AND COMPLEX OVERHAUL.

       (a) In General.--Not later than February 1, 2023, the 
     Secretary of the Navy shall submit to the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives a report addressing alternative 
     approaches to manning ships undergoing refueling and complex 
     overhaul.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) The number of first-term enlisted sailors who were 
     assigned to the USS George Washington for more than two years 
     of its most recent refueling and complex overhaul 
     availability.
       (2) The number of first-term enlisted sailors who were 
     assigned to the USS George Washington for four or more years 
     of its most recent refueling and complex overhaul 
     availability.
       (3) For first-term enlisted sailors who were assigned to 
     the USS George Washington during its most recent refueling 
     and complex overhaul availability and did not have the 
     opportunity to practice their rating, the plans of the Navy 
     for assigning and using those sailors if they reenlist.
       (4) A description of actions that the Navy has taken or 
     plans to take--
       (A) to limit the duration of assignments of first-term 
     enlisted sailors to ships undergoing refueling and complex 
     overhaul; and
       (B) to provide first-term enlisted sailors assigned to 
     ships undergoing refueling and complex overhaul with 
     opportunities, such as through temporary duty assignments, to 
     learn and practice their rating.
       (5) A feasibility analysis of an alternative policy to 
     limit assignments of first-term enlisted sailors to ships 
     undergoing refueling and complex overhaul to not more than 
     two years by--
       (A) splitting the term between two or more ships;
       (B) implementing a series of temporary duty assignments; or
       (C) other means.
       (6) A discussion of any barriers to implementing an 
     alternative policy that would limit the time of first-term 
     enlisted sailors aboard ships undergoing refueling and 
     complex overhaul, including statutory restrictions, budgetary 
     resources, undermanning, end strength, training systems, and 
     any other relevant barriers.
       (7) A projected timeline and estimated costs and benefits 
     of implementing an alternative policy that would limit the 
     time of first-term enlisted sailors aboard ships undergoing 
     refueling and complex overhaul.
                                 ______
                                 
  SA 5949. Ms. KLOBUCHAR (for herself and Mr. Rounds) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel

[[Page S5406]]

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

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

     SEC. 753. REPORT ON TREATMENT OF EATING DISORDERS BY HEALTH 
                   CARE PROVIDERS OF THE DEPARTMENT OF DEFENSE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Assistant Secretary of Defense 
     for Health Affairs, in collaboration with the Surgeon General 
     for each military department, shall submit to the 
     congressional defense committees a report on the treatment of 
     eating disorders by health care providers of the Department 
     of Defense.
       (b) Elements.--The report required by subsection (a) shall 
     include an assessment of the following:
       (1) Education and training activities undertaken by health 
     care providers of the Department of Defense.
       (2) The use of generally accepted standards of care and 
     screenings of members of the Armed Forces.
       (3) Any barriers to implementing a standard, mandatory 
     training for providers seeing patients suffering from eating 
     disorders.
                                 ______
                                 
  SA 5950. Mr. WARNER (for himself and Mr. Rubio) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

    DIVISION __--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Intelligence Authorization Act for Fiscal Year 2023''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

    DIVISION __--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

Sec. 301. Modification of advisory board in National Reconnaissance 
              Office.
Sec. 302. Prohibition on employment with governments of certain 
              countries.
Sec. 303. Counterintelligence and national security protections for 
              intelligence community grant funding.
Sec. 304. Extension of Central Intelligence Agency law enforcement 
              jurisdiction to facilities of Office of Director of 
              National Intelligence.
Sec. 305. Clarification regarding protection of Central Intelligence 
              Agency functions.
Sec. 306. Establishment of advisory board for National Geospatial-
              Intelligence Agency.
Sec. 307. Annual reports on status of recommendations of Comptroller 
              General of the United States for the Director of National 
              Intelligence.
Sec. 308. Timely submission of budget documents from intelligence 
              community.
Sec. 309. Copyright protection for civilian faculty of the National 
              Intelligence University.
Sec. 310. Expansion of reporting requirements relating to authority to 
              pay personnel of Central Intelligence Agency for certain 
              injuries to the brain.
Sec. 311. Modifications to Foreign Malign Influence Response Center.
Sec. 312. Requirement to offer cyber protection support for personnel 
              of intelligence community in positions highly vulnerable 
              to cyber attack.
Sec. 313. Minimum cybersecurity standards for national security systems 
              of intelligence community.
Sec. 314. Review and report on intelligence community activities under 
              Executive Order 12333.
Sec. 315. Elevation of the commercial and business operations office of 
              the National Geospatial-Intelligence Agency.
Sec. 316. Assessing intelligence community open-source support for 
              export controls and foreign investment screening.
Sec. 317. Annual training requirement and report regarding analytic 
              standards.
Sec. 318. Historical Advisory Panel of the Central Intelligence Agency.

  TITLE IV--INTELLIGENCE MATTERS RELATING TO THE PEOPLE'S REPUBLIC OF 
                                 CHINA

Sec. 401. Report on wealth and corrupt activities of the leadership of 
              the Chinese Communist Party.
Sec. 402. Identification and threat assessment of companies with 
              investments by the People's Republic of China.
Sec. 403. Intelligence community working group for monitoring the 
              economic and technological capabilities of the People's 
              Republic of China.
Sec. 404. Annual report on concentrated reeducation camps in the 
              Xinjiang Uyghur Autonomous Region of the People's 
              Republic of China.
Sec. 405. Assessments of production of semiconductors by the People's 
              Republic of China.

           TITLE V--PERSONNEL AND SECURITY CLEARANCE MATTERS

Sec. 501. Improving onboarding of personnel in intelligence community.
Sec. 502. Improving onboarding at the Central Intelligence Agency.
Sec. 503. Report on legislative action required to implement Trusted 
              Workforce 2.0 initiative.
Sec. 504. Comptroller General of the United States assessment of 
              administration of polygraphs in intelligence community.
Sec. 505. Timeliness in the administration of polygraphs.
Sec. 506. Policy on submittal of applications for access to classified 
              information for certain personnel.
Sec. 507. Technical correction regarding Federal policy on sharing of 
              covered insider threat information.
Sec. 508. Establishing process parity for adverse security clearance 
              and access determinations.
Sec. 509. Elimination of cap on compensatory damages for retaliatory 
              revocation of security clearances and access 
              determinations.
Sec. 510. Comptroller General of the United States report on use of 
              Government and industry space certified as sensitive 
              compartmented information facilities.

       TITLE VI--INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY

Sec. 601. Submittal of complaints and information by whistleblowers in 
              the intelligence community to Congress.
Sec. 602. Modification of whistleblower protections for contractor 
              employees in intelligence community.
Sec. 603. Prohibition against disclosure of whistleblower identity as 
              reprisal against whistleblower disclosure by employees 
              and contractors in intelligence community.
Sec. 604. Definitions regarding whistleblower complaints and 
              information of urgent concern received by inspectors 
              general of the intelligence community.

                        TITLE VII--OTHER MATTERS

Sec. 701. Improvements relating to continuity of Privacy and Civil 
              Liberties Oversight Board membership.
Sec. 702. Modification of requirement for office to address 
              unidentified aerospace-undersea phenomena.
Sec. 703. Unidentified aerospace-undersea phenomena reporting 
              procedures.
Sec. 704. Comptroller General of the United States compilation of 
              unidentified aerospace-undersea phenomena records.
Sec. 705. Office of Global Competition Analysis.
Sec. 706. Report on tracking and collecting precursor chemicals used in 
              the production of synthetic opioids.
Sec. 707. Assessment and report on mass migration in the Western 
              Hemisphere.
Sec. 708. Notifications regarding transfers of detainees at United 
              States Naval Station, Guantanamo Bay, Cuba.
Sec. 709. Report on international norms, rules, and principles 
              applicable in space.
Sec. 710. Assessments of the effects of sanctions imposed with respect 
              to the Russian Federation's invasion of Ukraine.
Sec. 711. Assessments and briefings on implications of food insecurity 
              that may result from the Russian Federation's invasion of 
              Ukraine.

[[Page S5407]]

Sec. 712. Pilot program for Director of Federal Bureau of Investigation 
              to undertake an effort to identify International Mobile 
              Subscriber Identity-catchers and develop countermeasures.
Sec. 713. Department of State Bureau of Intelligence and Research 
              assessment of anomalous health incidents.

     SEC. 2. DEFINITIONS.

       In this division:
       (1) Congressional intelligence committees.--The term 
     ``congressional intelligence committees'' has the meaning 
     given such term in section 3 of the National Security Act of 
     1947 (50 U.S.C. 3003).
       (2) Intelligence community.--The term ``intelligence 
     community'' has the meaning given such term in such section.

                    TITLE I--INTELLIGENCE ACTIVITIES

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2023 for the conduct of the intelligence and 
     intelligence-related activities of the Federal Government.

     SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

       (a) Specifications of Amounts.--The amounts authorized to 
     be appropriated under section 101 for the conduct of the 
     intelligence activities of the Federal Government are those 
     specified in the classified Schedule of Authorizations 
     prepared to accompany this division.
       (b) Availability of Classified Schedule of 
     Authorizations.--
       (1) Availability.--The classified Schedule of 
     Authorizations referred to in subsection (a) shall be made 
     available to the Committee on Appropriations of the Senate, 
     the Committee on Appropriations of the House of 
     Representatives, and to the President.
       (2) Distribution by the president.--Subject to paragraph 
     (3), the President shall provide for suitable distribution of 
     the classified Schedule of Authorizations referred to in 
     subsection (a), or of appropriate portions of such Schedule, 
     within the executive branch of the Federal Government.
       (3) Limits on disclosure.--The President shall not publicly 
     disclose the classified Schedule of Authorizations or any 
     portion of such Schedule except--
       (A) as provided in section 601(a) of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 
     3306(a));
       (B) to the extent necessary to implement the budget; or
       (C) as otherwise required by law.

     SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Intelligence Community Management 
     Account of the Director of National Intelligence for fiscal 
     year 2023 the sum of $650,000,000.
       (b) Classified Authorization of Appropriations.--In 
     addition to amounts authorized to be appropriated for the 
     Intelligence Community Management Account by subsection (a), 
     there are authorized to be appropriated for the Intelligence 
     Community Management Account for fiscal year 2023 such 
     additional amounts as are specified in the classified 
     Schedule of Authorizations referred to in section 102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for the Central 
     Intelligence Agency Retirement and Disability Fund 
     $514,000,000 for fiscal year 2023.

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

     SEC. 301. MODIFICATION OF ADVISORY BOARD IN NATIONAL 
                   RECONNAISSANCE OFFICE.

       Section 106A(d) of the National Security Act of 1947 (50 
     U.S.C. 3041a(d)) is amended--
       (1) in paragraph (3)(A)(i), by inserting ``, in 
     consultation with the Director of National Intelligence and 
     the Secretary of Defense,'' after ``Director''; and
       (2) in paragraph (7), by striking ``the date that is 3 
     years after the date of the first meeting of the Board'' and 
     inserting ``September 30, 2024''.

     SEC. 302. PROHIBITION ON EMPLOYMENT WITH GOVERNMENTS OF 
                   CERTAIN COUNTRIES.

       (a) In General.--Title III of the National Security Act of 
     1947 (50 U.S.C. 3091 et seq.) is amended by inserting after 
     section 304 the following:

     ``SEC. 305. PROHIBITION ON EMPLOYMENT WITH GOVERNMENTS OF 
                   CERTAIN COUNTRIES.

       ``(a) Definitions.--In this section:
       ``(1) Covered employee.--The term `covered employee', with 
     respect to an employee occupying a position within an element 
     of the intelligence community, means an officer or official 
     of an element of the intelligence community, a contractor of 
     such an element, a detailee to such an element, or a member 
     of the Armed Forces assigned to such an element that, based 
     on the level of access of a person occupying such position to 
     information regarding sensitive intelligence sources or 
     methods or other exceptionally sensitive matters, the head of 
     such element determines should be subject to the requirements 
     of this section.
       ``(2) Former covered employee.--The term `former covered 
     employee' means an individual who was a covered employee on 
     or after the date of enactment of the Intelligence 
     Authorization Act for Fiscal Year 2023 and is no longer a 
     covered employee.
       ``(3) State sponsor of terrorism.--The term `state sponsor 
     of terrorism' means a country the government of which the 
     Secretary of State determines has repeatedly provided support 
     for international terrorism pursuant to--
       ``(A) section 1754(c)(1)(A) of the Export Control Reform 
     Act of 2018 (50 U.S.C. 4813(c)(1)(A));
       ``(B) section 620A of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371);
       ``(C) section 40 of the Arms Export Control Act (22 U.S.C. 
     2780); or
       ``(D) any other provision of law.
       ``(b) Prohibition on Employment and Services.--No former 
     covered employee may provide services relating to national 
     security, intelligence, the military, or internal security 
     to--
       ``(1) the government of a country that is a state sponsor 
     of terrorism, the People's Republic of China, or the Russian 
     Federation;
       ``(2) a person or entity that is directed and controlled by 
     a government described in paragraph (1).
       ``(c) Training and Written Notice.--The head of each 
     element of the intelligence community shall--
       ``(1) regularly provide to the covered employees of the 
     element training on the prohibition in subsection (b); and
       ``(2) provide to each covered employee of the element 
     before the covered employee becomes a former covered employee 
     written notice of the prohibition in subsection (b).
       ``(d) Limitation on Eligibility for Access to Classified 
     Information.--A former covered employee who knowingly and 
     willfully violates subsection (b) shall not be considered 
     eligible for access to classified information (as defined in 
     the procedures established pursuant to section 801(a) of this 
     Act (50 U.S.C. 3161(a))) by any element of the intelligence 
     community.
       ``(e) Criminal Penalties.--A former employee who knowingly 
     and willfully violates subsection (b) shall be fined under 
     title 18, United States Code, or imprisoned for not more than 
     5 years, or both.
       ``(f) Application.--Nothing in this section shall apply 
     to--
       ``(1) a former covered employee who continues to provide 
     services described in subsection (b) that the former covered 
     employee first began to provide before the date of the 
     enactment of the Intelligence Authorization Act for Fiscal 
     Year 2023;
       ``(2) a former covered employee who, on or after the date 
     of the enactment of the Intelligence Authorization Act for 
     Fiscal Year 2023, provides services described in subsection 
     (b) to a person or entity that is directed and controlled by 
     a country that is a state sponsor of terrorism, the People's 
     Republic of China, or the Russian Federation as a result of a 
     merger, acquisition, or similar change of ownership that 
     occurred after the date on which such former covered employee 
     first began to provide such services;
       ``(3) a former covered employee who, on or after the date 
     of the enactment of the Intelligence Authorization Act for 
     Fiscal Year 2023, provides services described in subsection 
     (b) to--
       ``(A) a government that was designated as a state sponsor 
     of terrorism after the date on which such former covered 
     employee first began to provide such services; or
       ``(B) a person or entity directed and controlled by a 
     government described in subparagraph (A).''.
       (b) Annual Reports.--
       (1) Definition of appropriate committees of congress.--In 
     this subsection, the term ``appropriate committees of 
     Congress'' means--
       (A) the congressional intelligence committees;
       (B) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (C) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.
       (2) In general.--Not later than March 31 of each year 
     through 2032, the Director of National Intelligence shall 
     submit to the appropriate committees of Congress a report on 
     any violations of subsection (b) of section 305 of the 
     National Security Act of 1947, as added by subsection (a) of 
     this section, by former covered employees (as defined in 
     subsection (a) of such section 305).
       (c) Clerical Amendment.--The table of contents immediately 
     preceding section 2 of the National Security Act of 1947 (50 
     U.S.C. 3002) is amended by inserting after the item relating 
     to section 304 the following new item:

``Sec. 305. Prohibition on employment with governments of certain 
              countries.''.

     SEC. 303. COUNTERINTELLIGENCE AND NATIONAL SECURITY 
                   PROTECTIONS FOR INTELLIGENCE COMMUNITY GRANT 
                   FUNDING.

       (a) Disclosure as Condition for Receipt of Grant.--The head 
     of an element of the intelligence community may not award a 
     grant to a person or entity unless the person or entity has 
     disclosed to the head of the element any material financial 
     or material in-kind support received by the person or entity, 
     during the 5-year period ending on the date of the person or 
     entity's application for the grant.
       (b) Review of Grant Applicants.--
       (1) Transmittal of disclosures.--Each head of an element of 
     the intelligence community shall immediately transmit a copy 
     of

[[Page S5408]]

     each disclosure under subsection (a) to the Director of 
     National Intelligence.
       (2) Process.--The Director, in consultation with such heads 
     of elements of the intelligence community as the Director 
     considers appropriate, shall establish a process--
       (A) to review the disclosures under subsection (a); and
       (B) to take such actions as may be necessary to ensure that 
     the applicants for grants awarded by elements of the 
     intelligence community do not pose an unacceptable risk, 
     including as a result of an applicant's material financial or 
     material in-kind support from a person or entity having 
     ownership or control, in whole or in part, by the government 
     of the People's Republic of China, the Russian Federation, 
     the Islamic Republic of Iran, the Democratic People's 
     Republic of Korea, or the Republic of Cuba, of--
       (i) misappropriation of United States intellectual 
     property, research and development, and innovation efforts; 
     or
       (ii) other threats from foreign governments and other 
     entities.
       (c) Annual Report Required.--Not later than one year after 
     the date of the enactment of this Act and not less frequently 
     than once each year thereafter, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees, the Committee on Appropriations of the Senate, 
     and the Committee on Appropriations of the House of 
     Representatives an annual report identifying the following 
     for the one-year period covered by the report:
       (1) The number of applications for grants received by each 
     element of the intelligence community.
       (2) The number of such applications that were reviewed for 
     each element of the intelligence community, using the process 
     established under subsection (b).
       (3) The number of such applications that were denied and 
     the reasons for such denials for each element of the 
     intelligence community.
       (d) Applicability.--Subsections (a) and (b) shall apply 
     only with respect to grants awarded by an element of the 
     intelligence community after the date of the enactment of 
     this Act.

     SEC. 304. EXTENSION OF CENTRAL INTELLIGENCE AGENCY LAW 
                   ENFORCEMENT JURISDICTION TO FACILITIES OF 
                   OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE.

       (a) In General.--Section 15(a) of the Central Intelligence 
     Agency Act of 1949 (50 U.S.C. 3515(a)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (C), by striking ``; and'' and 
     inserting a semicolon;
       (B) by redesignating subparagraph (D) as subparagraph (E);
       (C) by inserting after subparagraph (C) the following:
       ``(D) within an installation owned, or contracted to be 
     occupied for a period of one year or longer, by the Office of 
     the Director of National Intelligence; and''; and
       (D) in subparagraph (E), as redesignated by subparagraph 
     (B), by inserting ``or (D)'' after ``in subparagraph (C)'';
       (2) in paragraph (2), by striking ``or (D)'' and inserting 
     ``or (E)''; and
       (3) in paragraph (4), by striking ``in subparagraph (A) or 
     (C)'' and inserting ``in subparagraph (A), (C), or (D)''.
       (b) Conforming Amendment.--Section 5(a)(4) of such Act (50 
     U.S.C. 3506(a)(4)) is amended by inserting ``and Office of 
     the Director of National Intelligence'' after ``protection of 
     Agency''.

     SEC. 305. CLARIFICATION REGARDING PROTECTION OF CENTRAL 
                   INTELLIGENCE AGENCY FUNCTIONS.

       Section 6 of the Central Intelligence Agency Act of 1949 
     (50 U.S.C. 3507) is amended by striking ``, functions'' and 
     inserting ``or functions of the Agency, or of the''.

     SEC. 306. ESTABLISHMENT OF ADVISORY BOARD FOR NATIONAL 
                   GEOSPATIAL-INTELLIGENCE AGENCY.

       (a) Establishment.--There is established in the National 
     Geospatial-Intelligence Agency an advisory board (in this 
     section referred to as the ``Board'').
       (b) Duties.--The Board shall--
       (1) study matters relating to the mission of the National 
     Geospatial-Intelligence Agency, including with respect to 
     integration of commercial capabilities, promoting innovation, 
     advice on next generation tasking, collection, processing, 
     exploitation, and dissemination capabilities, strengthening 
     functional management, acquisition, and such other matters as 
     the Director of the National Geospatial-Intelligence Agency 
     considers appropriate; and
       (2) advise and report directly to the Director with respect 
     to such matters.
       (c) Members.--
       (1) Number and appointment.--
       (A) In general.--The Board shall be composed of 6 members 
     appointed by the Director from among individuals with 
     demonstrated academic, government, business, or other 
     expertise relevant to the mission and functions of the 
     Agency.
       (B) Notification.--Not later than 30 days after the date on 
     which the Director appoints a member to the Board, the 
     Director shall notify the congressional intelligence 
     committees and the congressional defense committees (as 
     defined in section 101(a) of title 10, United States Code) of 
     such appointment.
       (C) Initial appointments.--Not later than 180 days after 
     the date of the enactment of this Act, the Director shall 
     appoint the initial 6 members to the Board.
       (2) Terms.--Each member shall be appointed for a term of 3 
     years.
       (3) Vacancy.--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.
       (4) Chair.--The Board shall have a Chair, who shall be 
     appointed by the Director from among the members.
       (5) Travel expenses.--Each member shall receive travel 
     expenses, including per diem in lieu of subsistence, in 
     accordance with applicable provisions under subchapter I of 
     chapter 57 of title 5, United States Code.
       (6) Executive secretary.--The Director may appoint an 
     executive secretary, who shall be an employee of the Agency, 
     to support the Board.
       (d) Meetings.--The Board shall meet not less than 
     quarterly, but may meet more frequently at the call of the 
     Director.
       (e) Reports.--Not later than March 31 of each year, the 
     Board shall submit to the Director and to the congressional 
     intelligence committees, the Committee on Appropriations of 
     the Senate, and the Committee on Appropriations of the House 
     of Representatives a report on the activities and significant 
     findings of the Board during the preceding year.
       (f) Nonapplicability of Certain Requirements.--The Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     Board.
       (g) Termination.--The Board shall terminate on the date 
     that is 3 years after the date of the first meeting of the 
     Board.

     SEC. 307. ANNUAL REPORTS ON STATUS OF RECOMMENDATIONS OF 
                   COMPTROLLER GENERAL OF THE UNITED STATES FOR 
                   THE DIRECTOR OF NATIONAL INTELLIGENCE.

       (a) Definition of Open Recommendations.--In this section, 
     the term ``open recommendations'' refers to recommendations 
     of the Comptroller General of the United States that the 
     Comptroller General has not yet designated as closed.
       (b) Annual Lists by Comptroller General of the United 
     States.--Not later than October 31, 2023, and each October 31 
     thereafter through 2025, the Comptroller General of the 
     United States shall submit to the congressional intelligence 
     committees and the Director of National Intelligence a list 
     of all open recommendations made to the Director, 
     disaggregated by report number and recommendation number.
       (c) Annual Reports by Director of National Intelligence.--
     Not later than 120 days after the date on which the Director 
     receives a list under subsection (b), the Director shall 
     submit to the congressional intelligence committees, the 
     Committee on Appropriations of the Senate, the Committee on 
     Appropriations of the House of Representatives, and the 
     Comptroller General a report on the actions taken by the 
     Director and actions the Director intends to take, alone or 
     in coordination with the heads of other Federal agencies, in 
     response to each open recommendation identified in the list, 
     including open recommendations the Director considers closed 
     and recommendations the Director determines do not require 
     further action, as well as the basis for that determination.

     SEC. 308. TIMELY SUBMISSION OF BUDGET DOCUMENTS FROM 
                   INTELLIGENCE COMMUNITY.

       Not later than 5 days after the date on which the President 
     submits to Congress a budget for a fiscal year pursuant to 
     section 1105(a) of title 31, United States Code, the Director 
     of National Intelligence shall submit to Congress the 
     supporting information under such section for each element of 
     the intelligence community for that fiscal year.

     SEC. 309. COPYRIGHT PROTECTION FOR CIVILIAN FACULTY OF THE 
                   NATIONAL INTELLIGENCE UNIVERSITY.

       Section 105 of title 17, United States Code, is amended--
       (1) by redesignating the second subsection (c) as 
     subsection (d);
       (2) by striking subsection (c) and inserting the following:
       ``(c) Use by Federal Government.--
       ``(1) Secretary of defense authority.--With respect to a 
     covered author who produces a covered work in the course of 
     employment at a covered institution described in 
     subparagraphs (A) through (L) of subsection (d)(2), the 
     Secretary of Defense may direct the covered author to provide 
     the Federal Government with an irrevocable, royalty-free, 
     worldwide, nonexclusive license to reproduce, distribute, 
     perform, or display such covered work for purposes of the 
     United States Government.
       ``(2) Director of national intelligence authority.--With 
     respect to a covered author who produces a covered work in 
     the course of employment at the covered institution described 
     in subsection (d)(2)(M), the Director of National 
     Intelligence may direct the covered author to provide the 
     Federal Government with an irrevocable, royalty-free, world-
     wide, nonexclusive license to reproduce, distribute, perform, 
     or display such covered work for purposes of the United 
     States Government.''; and
       (3) in paragraph (2) of subsection (d), as so redesignated, 
     by adding at the end the following:

[[Page S5409]]

       ``(M) National Intelligence University.''.

     SEC. 310. EXPANSION OF REPORTING REQUIREMENTS RELATING TO 
                   AUTHORITY TO PAY PERSONNEL OF CENTRAL 
                   INTELLIGENCE AGENCY FOR CERTAIN INJURIES TO THE 
                   BRAIN.

       Section 2(d)(1) of the Helping American Victims Afflicted 
     by Neurological Attacks Act of 2021 (Public Law 117-46) is 
     amended--
       (1) in subparagraph (A), by inserting ``and not less 
     frequently than once each year thereafter for 5 years'' after 
     ``Not later than 365 days after the date of the enactment of 
     this Act'';
       (2) in subparagraph (B), by adding at the end the 
     following:
       ``(iv) Detailed information about the number of covered 
     employees, covered individuals, and covered dependents who 
     reported experiencing vestibular, neurological, or related 
     injuries, including those broadly termed `anomalous health 
     incidents'.
       ``(v) The number of individuals who have sought benefits 
     under any provision of section 19A of the Central 
     Intelligence Agency Act of 1949 (50 U.S.C. 3519b).
       ``(vi) The number of covered employees, covered 
     individuals, and covered dependents who are unable to perform 
     all or part of their professional duties as a result of 
     injuries described in clause (iv).
       ``(vii) An updated analytic assessment coordinated by the 
     National Intelligence Council regarding the potential causes 
     and perpetrators of anomalous health incidents, as well as 
     any and all dissenting views within the intelligence 
     community, which shall be included as appendices to the 
     assessment.''; and
       (3) in subparagraph (C), by striking ``The'' and inserting 
     ``Each''.

     SEC. 311. MODIFICATIONS TO FOREIGN MALIGN INFLUENCE RESPONSE 
                   CENTER.

       (a) Renaming.--
       (1) In general.--Section 119C of the National Security Act 
     of 1947 (50 U.S.C. 3059) is amended--
       (A) in the section heading, by striking ``response''; and
       (B) in subsection (a), by striking ``Response''.
       (2) Clerical amendment.--The table of contents in the 
     matter preceding section 2 of such Act is amended by striking 
     the item relating to section 119C and inserting the 
     following:

``Sec. 119C. Foreign Malign Influence Center.''.
       (3) Conforming amendment.--Section 589E(d)(2) of the 
     William M. (Mac) Thornberry National Defense Authorization 
     Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 2001 
     note prec.) is amended by striking ``Response''.
       (4) Reference.--Any reference in law, regulation, map, 
     document, paper, or other record of the United States to the 
     ``Foreign Malign Influence Response Center'' shall be deemed 
     to be a reference to the Foreign Malign Influence Center.
       (b) Sunset.--Section 119C of such Act (50 U.S.C. 3059) is 
     further amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following:
       ``(f) Sunset.--The authorities and requirements of this 
     section shall terminate on December 31, 2027, and the 
     Director of National Intelligence shall take such actions as 
     may be necessary to conduct an orderly wind-down of the 
     activities of the Center before December 31, 2028.''.
       (c) Report.--
       (1) Definition of appropriate committees of congress.--In 
     this subsection, the term ``appropriate committees of 
     Congress'' means--
       (A) the congressional intelligence committees;
       (B) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Appropriations of the Senate; 
     and
       (C) the Committee on Homeland Security and the Committee on 
     Appropriations of the House of Representatives.
       (2) In general.--Not later than December 31, 2026, the 
     Director of National Intelligence shall submit to the 
     appropriate committees of Congress a report assessing the 
     continued need for operating the Foreign Malign Influence 
     Center.

     SEC. 312. REQUIREMENT TO OFFER CYBER PROTECTION SUPPORT FOR 
                   PERSONNEL OF INTELLIGENCE COMMUNITY IN 
                   POSITIONS HIGHLY VULNERABLE TO CYBER ATTACK.

       (a) In General.--Section 6308(b) of the Damon Paul Nelson 
     and Matthew Young Pollard Intelligence Authorization Act for 
     Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3334d(b)) is 
     amended--
       (1) in paragraph (1)--
       (A) by striking ``may provide'' and inserting ``shall 
     offer'';
       (B) by inserting ``and shall provide such support to any 
     such personnel who request'' before the period at the end; 
     and
       (2) in the subsection heading, by striking ``Authority'' 
     and inserting ``Requirement''.
       (b) Plan.--Not later than 180 days after the date of the 
     enactment of this Act, the Director of National Intelligence 
     shall submit to the congressional intelligence committees, 
     the Committee on Appropriations of the Senate, and the 
     Committee on Appropriations of the House of Representatives 
     an implementation plan for providing the support described 
     section 6308(b) of the Damon Paul Nelson and Matthew Young 
     Pollard Intelligence Authorization Act for Fiscal Years 2018, 
     2019, and 2020 (50 U.S.C. 3334d(b)), as amended by subsection 
     (a), including a description of the training and resources 
     needed to implement the support and the methodology for 
     determining the personnel described in paragraph (2) of such 
     section.

     SEC. 313. MINIMUM CYBERSECURITY STANDARDS FOR NATIONAL 
                   SECURITY SYSTEMS OF INTELLIGENCE COMMUNITY.

       (a) Definition of National Security Systems.--In this 
     section, the term ``national security systems'' has the 
     meaning given such term in section 3552(b) of title 44, 
     United States Code, and includes systems described in 
     paragraph (2) or (3) of section 3553(e) of such title.
       (b) Requirement to Establish Cybersecurity Standards for 
     National Security Systems.--The Director of National 
     Intelligence shall, in coordination with the National Manager 
     for National Security Systems, establish minimum 
     cybersecurity requirements that shall apply to all national 
     security systems operated by, on the behalf of, or under a 
     law administered by the head of an element of the 
     intelligence community.
       (c) Implementation Deadline.--The requirements published 
     pursuant to subsection (b) shall include appropriate 
     deadlines by which all elements of the intelligence community 
     that own or operate a national security system shall have 
     fully implemented the requirements established under 
     subsection (b) for all national security systems that it owns 
     or operates.
       (d) Maintenance of Requirements.--Not less frequently than 
     once every 2 years, the Director shall reevaluate and update 
     the minimum cybersecurity requirements established under 
     subsection (b).
       (e) Resources.--The head of each element of the 
     intelligence community that owns or operates a national 
     security system shall update plans of the element to 
     prioritize resources in such a manner as to fully implement 
     the requirements established in subsection (b) by the 
     deadline established pursuant to subsection (c) for the next 
     10 fiscal years.
       (f) Exemptions.--
       (1) In general.--A national security system of an element 
     of the intelligence community may be exempted from the 
     minimum cybersecurity standards established under subsection 
     (b) in accordance with the process established under 
     paragraph (2).
       (2) Process for exemption.--The Director shall establish 
     and administer a process by which specific national security 
     systems can be exempted under paragraph (1).
       (g) Annual Reports on Exemption Requests.--
       (1) Definition of appropriate committees of congress.--In 
     this subsection, the term ``appropriate committees of 
     Congress'' means--
       (A) the congressional intelligence committees;
       (B) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (C) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.
       (2) In general.--Each year, the Director shall submit to 
     the appropriate committees of Congress an annual report 
     documenting all exemption requests received under subsection 
     (f), the number of exemptions denied, and the justification 
     for each exemption request that was approved.

     SEC. 314. REVIEW AND REPORT ON INTELLIGENCE COMMUNITY 
                   ACTIVITIES UNDER EXECUTIVE ORDER 12333.

       (a) Review and Report Required.--No later than 180 days 
     after the date of the enactment of this Act, the Director of 
     National Intelligence shall--
       (1) conduct a review to ascertain the feasibility and 
     advisability of compiling and making public information 
     relating to activities of the intelligence community under 
     Executive Order 12333 (50 U.S.C. 3001 note; relating to 
     United States intelligence activities); and
       (2) submit to the congressional intelligence, the Committee 
     on Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives committees a 
     report on the findings of the Director with respect to the 
     review conducted under paragraph (1).
       (b) Matters Addressed.--The report shall address the 
     feasibility and advisability of making available to the 
     public information relating to the following:
       (1) Data on activities described in subsection (a)(1), 
     including the following:
       (A) The amount of United States person information 
     collected pursuant to such activities.
       (B) Queries of United States persons pursuant to such 
     activities.
       (C) Dissemination of United States person information 
     pursuant to such activities, including masking and unmasking.
       (D) The use of United States person information in criminal 
     proceedings.
       (2) Quantitative data and qualitative descriptions of 
     incidents in which the intelligence community violated 
     Executive Order 12333 and associated guidelines and 
     procedures.
       (c) Considerations.--In conducting the review under 
     subsection (a)(1), the Director shall consider--
       (1) the public transparency associated with the use by the 
     intelligence community of the authorities provided under the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
     et seq.), including relevant data and compliance incidents; 
     and
       (2) the application of the transparency model developed in 
     connection with such Act

[[Page S5410]]

     to activities conducted under Executive Order 12333.
       (d) Disaggregation for Public Release.--In conducting the 
     review under subsection (a)(1), the Director shall address 
     whether the relevant data and compliance incidents associated 
     with the different intelligence community entities can be 
     disaggregated for public release.

     SEC. 315. ELEVATION OF THE COMMERCIAL AND BUSINESS OPERATIONS 
                   OFFICE OF THE NATIONAL GEOSPATIAL-INTELLIGENCE 
                   AGENCY.

       Beginning not later than 90 days after the date of the 
     enactment of this Act, the head of the commercial and 
     business operations office of the National Geospatial-
     Intelligence Agency shall report directly to the Director of 
     the National Geospatial-Intelligence Agency.

     SEC. 316. ASSESSING INTELLIGENCE COMMUNITY OPEN-SOURCE 
                   SUPPORT FOR EXPORT CONTROLS AND FOREIGN 
                   INVESTMENT SCREENING.

       (a) Pilot Program to Assess Open Source Support for Export 
     Controls and Foreign Investment Screening.--
       (1) Pilot program authorized.--The Director of National 
     Intelligence shall carry out a pilot program to assess the 
     feasibility and advisability of providing intelligence 
     derived from open source, publicly and commercially available 
     information--
       (A) to the Department of Commerce to support the export 
     control and investment screening functions of the Department; 
     and
       (B) to the Department of Homeland Security to support the 
     export control functions of the Department.
       (2) Authority.--In carrying out the pilot program required 
     by paragraph (1), the Director--
       (A) shall establish a process for the provision of 
     information as described in such paragraph; and
       (B) may--
       (i) acquire and prepare data, consistent with applicable 
     provisions of law and Executive orders;
       (ii) modernize analytic systems, including through the 
     acquisition, development, or application of automated tools; 
     and
       (iii) establish standards and policies regarding the 
     acquisition, treatment, and sharing of open source, publicly 
     and commercially available information.
       (3) Duration.--The pilot program required by paragraph (1) 
     shall be carried out during a 3-year period.
       (b) Plan and Report Required.--
       (1) Definition of appropriate committees of congress.--In 
     this subsection, the term ``appropriate committees of 
     Congress'' means--
       (A) the Select Committee on Intelligence, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on Appropriations of the Senate; and
       (B) the Permanent Select Committee on Intelligence, the 
     Committee on Foreign Affairs, the Committee on Financial 
     Services, the Committee on Homeland Security, and the 
     Committee on Appropriations of the House of Representatives.
       (2) Plan.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Director shall, in 
     coordination with the Secretary of Commerce and the Secretary 
     of Homeland Security, submit to the appropriate committees of 
     Congress a plan to carry out the pilot program required by 
     subsection (a)(1).
       (B) Contents.--The plan submitted under subparagraph (A) 
     shall include the following:
       (i) A list, developed in consultation with the Secretary of 
     Commerce and the Secretary of Homeland Security, of the 
     activities of the Department of Commerce and the Department 
     of Homeland Security that will be supported by the pilot 
     program.
       (ii) A plan for measuring the effectiveness of the pilot 
     program and the value of open source, publicly and 
     commercially available information to the export control and 
     investment screening missions.
       (3) Report.--
       (A) In general.--Not later than 540 days after the date on 
     which the Director submits the plan under paragraph (2)(A), 
     the Director shall submit to the appropriate committees of 
     Congress a report on the findings of the Director with 
     respect to the pilot program.
       (B) Contents.--The report submitted under subparagraph (A) 
     shall include the following:
       (i) An assessment of the feasibility and advisability of 
     providing information as described in subsection (a)(1).
       (ii) An assessment of the value of open source, publicly 
     and commercially available information to the export control 
     and investment screening missions, using the measures of 
     effectiveness under paragraph (2)(B)(ii).
       (iii) Identification of opportunities for and barriers to 
     more effective use of open source, publicly and commercially 
     available information by the intelligence community.

     SEC. 317. ANNUAL TRAINING REQUIREMENT AND REPORT REGARDING 
                   ANALYTIC STANDARDS.

       (a) Policy for Training Program Required.--Consistent with 
     sections 1019 and 1020 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (50 U.S.C. 3364 and 3364 
     note), the Director of National Intelligence shall issue a 
     policy that requires each head of an element of the 
     intelligence community, that has not already done so, to 
     create, before the date that is 180 days after the date of 
     the enactment of this Act, an annual training program on the 
     standards set forth in Intelligence Community Directive 203, 
     Analytic Standards (or successor directive).
       (b) Conduct of Training.--Training required pursuant to the 
     policy required by subsection (a) may be conducted in 
     conjunction with other required annual training programs 
     conducted by the element of the intelligence community 
     concerned.
       (c) Certification of Completion of Training.--Each year, 
     each head of an element of the intelligence community shall 
     submit to the congressional intelligence committees a 
     certification as to whether all of the analysts of that 
     element have completed the training required pursuant to the 
     policy required by subsection (a) and if the analysts have 
     not, an explanation of why the training has not been 
     completed.
       (d) Reports.--
       (1) Annual report.--In conjunction with each briefing 
     provided under section 1019(c) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (50 U.S.C. 3364(c)), the 
     Director shall submit to the congressional intelligence 
     committees, the Committee on Appropriations of the Senate, 
     and the Committee on Appropriations of the House of 
     Representatives a report on the number and themes of 
     compliance incidents reported to intelligence community 
     analytic ombudspersons relating to the standards set forth in 
     Intelligence Community Directive 203 (relating to analytic 
     standards), or successor directive.
       (2) Report on performance evaluation.--Not later than 90 
     days after the date of the enactment of this Act, the head of 
     analysis at each element of the intelligence community that 
     conducts all-source analysis shall submit to the 
     congressional intelligence committees, the Committee on 
     Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives a report 
     describing how compliance with the standards set forth in 
     Intelligence Community Directive 203 (relating to analytic 
     standards), or successor directive, is considered in the 
     performance evaluations and consideration for merit pay, 
     bonuses, promotions, and any other personnel actions for 
     analysts within the element.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to prohibit the Director from providing training 
     described in this section as a service of common concern.
       (f) Sunset.--This section shall cease to be effective on 
     the date that is 5 years after the date of the enactment of 
     this Act.

     SEC. 318. HISTORICAL ADVISORY PANEL OF THE CENTRAL 
                   INTELLIGENCE AGENCY.

       The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 
     et seq.) is amended by adding at the end the following:

     ``SEC. 29. HISTORICAL ADVISORY PANEL.

       ``(a) Definitions.--In this section, the terms 
     `congressional intelligence committees' and `intelligence 
     community' have the meanings given those terms in section 3 
     of the National Security Act of 1947 (50 U.S.C. 3003).
       ``(b) Establishment.--There is established within the 
     Agency an advisory panel to be known as the `Historical 
     Advisory Panel' (in this section referred to as the `panel').
       ``(c) Membership.--
       ``(1) Composition.--
       ``(A) In general.--The panel shall be composed of up to 7 
     members appointed by the Director from among individuals 
     recognized as scholarly authorities in history, international 
     relations, or related fields.
       ``(B) Initial appointments.--Not later than 180 days after 
     the date of the enactment of this section, the Director shall 
     appoint the initial members of the panel.
       ``(2) Chairperson.--The Director shall designate a 
     Chairperson of the panel from among the members of the panel.
       ``(d) Security Clearances and Accesses.--The Director shall 
     sponsor appropriate security clearances and accesses for all 
     members of the panel.
       ``(e) Terms of Service.--
       ``(1) In general.--Each member of the panel shall be 
     appointed for a term of 3 years.
       ``(2) Renewal.--The Director may renew the appointment of a 
     member of the panel for not more than 2 subsequent terms.
       ``(f) Duties.--The panel shall advise the Agency on--
       ``(1) topics for research and publication within the 
     Agency;
       ``(2) topics for discretionary declassification reviews;
       ``(3) declassification of specific records or types of 
     records;
       ``(4) determinations regarding topics and records whose 
     continued classification is outweighed by the public benefit 
     of disclosure;
       ``(5) technological tools to modernize the classification 
     and declassification processes to improve the efficiency and 
     effectiveness of those processes; and
       ``(6) other matters as the Director may assign.
       ``(g) Reports.--Not less than once each year, the panel 
     shall submit to the Director and the congressional 
     intelligence committees, the Committee on Appropriations of 
     the Senate, and the Committee on Appropriations of the House 
     of Representatives a report on the activities of the panel.
       ``(h) Nonapplicability of Federal Advisory Committee Act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the panel.

[[Page S5411]]

       ``(i) Sunset.--The provisions of this section shall expire 
     7 years after the date of the enactment of the Intelligence 
     Authorization Act for Fiscal Year 2023, unless reauthorized 
     by statute.''.

  TITLE IV--INTELLIGENCE MATTERS RELATING TO THE PEOPLE'S REPUBLIC OF 
                                 CHINA

     SEC. 401. REPORT ON WEALTH AND CORRUPT ACTIVITIES OF THE 
                   LEADERSHIP OF THE CHINESE COMMUNIST PARTY.

       (a) Report Required.--Not later than 1 year after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall make available to the public an 
     unclassified report on the wealth and corrupt activities of 
     the leadership of the Chinese Communist Party, including the 
     General Secretary of the Chinese Communist Party and senior 
     leadership officials in the Central Committee, the Politburo, 
     the Politburo Standing Committee, and any other regional 
     Party Secretaries.
       (b) Annual Updates.--Not later than 2 years after the date 
     of the enactment of this Act and not less frequently than 
     once each year thereafter until the date that is 6 years 
     after the date of the enactment of this Act, the Director 
     shall update the report published under subsection (a).

     SEC. 402. IDENTIFICATION AND THREAT ASSESSMENT OF COMPANIES 
                   WITH INVESTMENTS BY THE PEOPLE'S REPUBLIC OF 
                   CHINA.

       Not later than 120 days after the date of the enactment of 
     this Act, the Director of National Intelligence, in 
     consultation with such heads of elements of the intelligence 
     community as the Director considers appropriate, shall 
     provide to the congressional intelligence committees, the 
     Committee on Appropriations of the Senate, and the Committee 
     on Appropriations of the House of Representatives a report on 
     the risk to national security of the use of--
       (1) telecommunications companies with substantial 
     investment by the People's Republic of China operating in the 
     United States or providing services to affiliates and 
     personnel of the intelligence community; and
       (2) hospitality and conveyance companies with substantial 
     investment by the People's Republic of China by affiliates 
     and personnel of the intelligence community for travel on 
     behalf of the United States Government.

     SEC. 403. INTELLIGENCE COMMUNITY WORKING GROUP FOR MONITORING 
                   THE ECONOMIC AND TECHNOLOGICAL CAPABILITIES OF 
                   THE PEOPLE'S REPUBLIC OF CHINA.

       (a) In General.--The Director of National Intelligence, in 
     consultation with such heads of elements of the intelligence 
     community as the Director considers appropriate, shall 
     establish a cross-intelligence community analytical working 
     group (in this section referred to as the ``working group'') 
     on the economic and technological capabilities of the 
     People's Republic of China.
       (b) Monitoring and Analysis.--The working group shall 
     monitor and analyze--
       (1) the economic and technological capabilities of the 
     People's Republic of China;
       (2) the extent to which those capabilities rely on exports, 
     investments in companies, or services from the United States 
     and other foreign countries;
       (3) the links of those capabilities to the military-
     industrial complex of the People's Republic of China; and
       (4) the threats those capabilities pose to the national and 
     economic security and values of the United States.
       (c) Annual Assessment.--
       (1) Definition of appropriate committees of congress.--In 
     this subsection, the term ``appropriate committees of 
     Congress'' means--
       (A) the congressional intelligence committees;
       (B) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (C) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.
       (2) In general.--Not less frequently than once each year, 
     the working group shall submit to the appropriate committees 
     of Congress an assessment of the economic and technological 
     strategy, efforts, and progress of the People's Republic of 
     China to become the dominant military, technological, and 
     economic power in the world and undermine the rules-based 
     world order.
       (3) Elements.--Each assessment required by paragraph (2) 
     shall include the following:
       (A) An unclassified overview of the major goals, 
     strategies, and policies of the People's Republic of China to 
     control, shape, or develop self-sufficiency in key 
     technologies and control related supply chains and 
     ecosystems, including--
       (i) efforts to acquire United States and other foreign 
     technology and recruit foreign talent in technology sectors 
     of the People's Republic of China, including the extent to 
     which those efforts relate to the military-industrial complex 
     of the People's Republic of China;
       (ii) efforts related to incentivizing offshoring of United 
     States and foreign manufacturing to China, influencing global 
     supply chains, and creating supply chain vulnerabilities for 
     the United States, including China's investments or potential 
     investments in foreign countries to create monopolies in the 
     processing and exporting of rare earth and other critical 
     materials necessary for renewable energy, including cobalt, 
     lithium, and nickel;
       (iii) related tools and market access restrictions or 
     distortions imposed by the People's Republic of China on 
     foreign firms and laws and regulations of the People's 
     Republic of China that discriminate against United States and 
     other foreign firms; and
       (iv) efforts of the People's Republic of China to attract 
     investment from the United States and other foreign investors 
     to build self-sufficient capabilities and the type of capital 
     flows from the United States to China, including information 
     on documentation of the lifecycle of investments, from the 
     specific actions taken by the Government of the People's 
     Republic of China to attract the investments to the outcome 
     of such efforts for entities and persons of the People's 
     Republic of China.
       (B) An unclassified assessment of the progress of the 
     People's Republic of China to achieve its goals, 
     disaggregated by economic sector.
       (C) An unclassified assessment of the impact of the 
     transfer of capital, technology, data, talent, and technical 
     expertise from the United States to China on the economic, 
     technological, and military capabilities of the People's 
     Republic of China.
       (D) An unclassified list of the top 200 businesses, 
     academic and research institutions, or other entities of the 
     People's Republic of China that are--
       (i) designated by Chinese securities issuing and trading 
     entities or other sources as supporting the military-
     industrial complex of the People's Republic of China;
       (ii) developing, producing, or exporting technologies of 
     strategic importance to the People's Republic of China or 
     supporting entities of the People's Republic of China that 
     are subject to sanctions imposed by the United States;
       (iii) supporting the military-civil fusion program of the 
     People's Republic of China; or
       (iv) otherwise supporting the goals and efforts of the 
     Chinese Communist Party and Chinese government entities, 
     including the Ministry of State Security, the Ministry of 
     Public Security, and the People's Liberation Army.
       (E) An unclassified list of the top 100 development, 
     infrastructure, or other strategic projects that the People's 
     Republic of China is financing abroad that--
       (i) advance the technology goals and strategies of the 
     Chinese Communist Party; or
       (ii) evade financial sanctions, export controls, or import 
     restrictions imposed by the United States.
       (F) An unclassified list of the top 100 businesses, 
     research institutions, or other entities of the People's 
     Republic of China that are developing surveillance, smart 
     cities, or related technologies that are--
       (i) exported to other countries, undermining democracy 
     worldwide; or
       (ii) provided to the security services of the People's 
     Republic of China, enabling them to commit severe human 
     rights abuses in China.
       (G) An unclassified list of the top 100 businesses or other 
     entities of the People's Republic of China that are--
       (i) operating in the genocide zone in Xinjiang; or
       (ii) supporting the Xinjiang Public Security Bureau, the 
     Xinjiang Bureau of the Ministry of State Security, the 
     People's Armed Police, or the Xinjiang Production and 
     Construction Corps.
       (H) A list of investment funds, public companies, or 
     private or early-stage firms of the People's Republic of 
     China that have received more than $100,000,000 in capital 
     flows from the United States during the 10-year period 
     preceding the date on which the assessment is submitted.
       (4) Preparation of assessments.--In preparing each 
     assessment required by paragraph (2), the working group shall 
     use open source documents in Chinese language and commercial 
     databases.
       (5) Format.--An assessment required by paragraph (2) may be 
     submitted in the format of a National Intelligence Estimate.
       (6) Form.--Each assessment required by paragraph (2) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (7) Publication.--The unclassified portion of each 
     assessment required by paragraph (2) shall be published on 
     the publicly accessible website of the Director of National 
     Intelligence.
       (d) Briefings to Congress.--Not less frequently than 
     quarterly, the working group shall provide to Congress a 
     classified briefing on the economic and technological goals, 
     strategies, and progress of the People's Republic of China, 
     especially on the information that cannot be disclosed in the 
     unclassified portion of an assessment required by subsection 
     (c)(2).
       (e) Classified Analyses.--Each classified annex to an 
     assessment required by subsection (c)(2) or corresponding 
     briefing provided under subsection (d) shall include an 
     analysis of--
       (1) the vulnerabilities of the People's Republic of China, 
     disaggregated by economic sector, industry, and entity; and
       (2) the technological or supply chain chokepoints of the 
     People's Republic of China that provide leverage to the 
     United States.
       (f) Sunset.--This section shall cease to be effective on 
     the date that is 5 years after the date of the enactment of 
     this Act.

[[Page S5412]]

  


     SEC. 404. ANNUAL REPORT ON CONCENTRATED REEDUCATION CAMPS IN 
                   THE XINJIANG UYGHUR AUTONOMOUS REGION OF THE 
                   PEOPLE'S REPUBLIC OF CHINA.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the congressional intelligence committees;
       (B) the Committee on Foreign Relations, the Committee on 
     Banking, Housing, and Urban Affairs, and the Committee on 
     Appropriations of the Senate; and
       (C) the Committee on Foreign Affairs, the Committee on 
     Financial Services, and the Committee on Appropriations of 
     the House of Representatives.
       (2) Covered camp.--The term ``covered camp'' means a 
     detention camp, prison, forced labor camp, or forced labor 
     factory located in the Xinjiang Uyghur Autonomous Region of 
     the People's Republic of China, referred to by the Government 
     of the People's Republic of China as ``concentrated 
     reeducation camps'' or ``vocational training centers''.
       (b) Annual Report Required.--Not later than 120 days after 
     the date of the enactment of this Act, and annually 
     thereafter for 5 years, the Director of National 
     Intelligence, in consultation with such heads of elements of 
     the intelligence community as the Director considers 
     appropriate, shall submit to the appropriate committees of 
     Congress a report on the status of covered camps.
       (c) Elements.--Each report required by subsection (b) shall 
     include the following:
       (1) An identification of the number and geographic location 
     of covered camps and an estimate of the number of victims 
     detained in covered camps.
       (2) A description of--
       (A) the types of personnel and equipment in covered camps;
       (B) the funding received by covered camps from the 
     Government of the People's Republic of China; and
       (C) the role of the security services of the People's 
     Republic of China and the Xinjiang Production and 
     Construction Corps in enforcing atrocities at covered camps.
       (3) A comprehensive list of--
       (A) the entities of the Xinjiang Production and 
     Construction Corps, including subsidiaries and affiliated 
     businesses, with respect to which sanctions have been imposed 
     by the United States;
       (B) commercial activities of those entities outside of the 
     People's Republic of China; and
       (C) other Chinese businesses, including in the artificial 
     intelligence, biotechnology, and surveillance technology 
     sectors, that are involved with the atrocities in Xinjiang or 
     supporting the policies of the People's Republic of China in 
     the region.
       (d) Form.--Each report required by subsection (b) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (e) Publication.--The unclassified portion of each report 
     required by subsection (b) shall be published on the publicly 
     accessible website of the Office of the Director of National 
     Intelligence.

     SEC. 405. ASSESSMENTS OF PRODUCTION OF SEMICONDUCTORS BY THE 
                   PEOPLE'S REPUBLIC OF CHINA.

       (a) Appropriate Committees of Congress.--In this section, 
     the term ``appropriate committees of Congress'' means--
       (1) the congressional intelligence committees;
       (2) the Committee on Foreign Relations, the Committee on 
     Banking, Housing, and Urban Affairs, and the Committee on 
     Appropriations of the Senate; and
       (3) the Committee on Foreign Affairs, the Committee on 
     Financial Services, and the Committee on Appropriations of 
     the House of Representatives.
       (b) In General.--Not later than 60 days after the date of 
     the enactment of this Act, and annually thereafter for 3 
     years, the Director of National Intelligence shall submit to 
     the appropriate committees of Congress an assessment of 
     progress by the People's Republic of China in global 
     competitiveness in the production of semiconductors by 
     Chinese firms.
       (c) Elements.--Each assessment submitted under subsection 
     (b) shall include the following:
       (1) The progress of the People's Republic of China toward 
     self-sufficiency in the supply of semiconductors for globally 
     competitive Chinese firms, including those firms competing in 
     the fields of artificial intelligence, cloud computing, 
     autonomous vehicles, next-generation and renewable energy, 
     and high-performance computing.
       (2) Activity of Chinese firms with respect to the 
     procurement of semiconductor manufacturing equipment 
     necessary for the production of microelectronics below the 20 
     nanometer process node, including any identified export 
     diversion to evade export controls.
       (3) A comprehensive summary of unilateral and multilateral 
     export controls that Chinese semiconductor manufacturers have 
     been subject to in the year preceding the date on which the 
     assessment is submitted, as well as a description of the 
     status of export licenses issued by any export control 
     authority during that time period.
       (4) Any observed stockpiling efforts by Chinese firms with 
     respect to semiconductor manufacturing equipment, substrate 
     materials, silicon wafers, or other necessary inputs for 
     semiconductor production.
       (5) An analysis of the relative market share of different 
     Chinese semiconductor manufacturers at different process 
     nodes and the estimated increase or decrease of market share 
     by that manufacturer in each product category during the 
     preceding year.
       (6) A comprehensive summary of recruitment activity of the 
     People's Republic of China targeting semiconductor 
     manufacturing engineers and managers from non-Chinese firms.
       (7) An analysis of the capability of the workforce of the 
     People's Republic of China to design, produce, and 
     manufacture microelectronics below the 20 nanometer process 
     node and relevant equipment.
       (d) Form of Assessments.--Each assessment submitted under 
     subsection (b) shall be submitted in unclassified form and 
     include a classified annex.

           TITLE V--PERSONNEL AND SECURITY CLEARANCE MATTERS

     SEC. 501. IMPROVING ONBOARDING OF PERSONNEL IN INTELLIGENCE 
                   COMMUNITY.

       (a) Methodology.--The Director of National Intelligence 
     shall establish a methodology appropriate for all elements of 
     the intelligence community that can be used to measure, 
     consistently and reliably, the time it takes to onboard 
     personnel, from time of application to beginning performance 
     of duties.
       (b) Report.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Director shall submit to the 
     congressional intelligence committees, the Committee on 
     Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives a report on 
     the time it takes to onboard personnel in the intelligence 
     community.
       (2) Elements.--The report submitted under paragraph (1) 
     shall cover the mean and median time it takes to onboard 
     personnel in the intelligence community, disaggregated by 
     mode of onboarding and element of the intelligence community.
       (c) Plan.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director shall submit to the 
     congressional intelligence committees a plan to reduce the 
     time it takes to onboard personnel in the intelligence 
     community, for elements of the intelligence community that 
     have median onboarding times that exceed 180 days.
       (2) Elements.--The plan submitted under paragraph (1) shall 
     include milestones to achieve certain specific goals with 
     respect to the mean, median, and mode time it takes to 
     onboard personnel in the elements of the intelligence 
     community described in such paragraph, disaggregated by 
     element of the intelligence community.

     SEC. 502. IMPROVING ONBOARDING AT THE CENTRAL INTELLIGENCE 
                   AGENCY.

       (a) Definition of Onboard Period.--In this section, the 
     term ``onboard period'' means the period beginning on the 
     date on which an individual submits an application for 
     employment with the Central Intelligence Agency and the date 
     on which the individual is formally offered one or more 
     entrance on duty dates.
       (b) In General.--The Director of the Central Intelligence 
     Agency shall take such actions as the Director considers 
     appropriate and necessary to ensure that, by December 31, 
     2023, the median duration of the onboard period for new 
     employees at the Central Intelligence Agency is equal to or 
     less than 180 days.

     SEC. 503. REPORT ON LEGISLATIVE ACTION REQUIRED TO IMPLEMENT 
                   TRUSTED WORKFORCE 2.0 INITIATIVE.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Deputy Director for 
     Management of the Office of Management and Budget shall, in 
     the Deputy Director's capacity as the Chair of the Security, 
     Suitability, and Credentialing Performance Accountability 
     Council pursuant to section 2.4 of Executive Order 13467 (50 
     U.S.C. 3161 note; relating to reforming processes related to 
     suitability for Government employment, fitness for contractor 
     employees, and eligibility for access to classified national 
     security information), submit to Congress a report on the 
     legislative action required to implement the Trusted 
     Workforce 2.0 initiative.
       (b) Contents.--The report submitted under subsection (a) 
     shall include the following:
       (1) Specification of the statutes that require amendment in 
     order to implement the initiative described in subsection 
     (a).
       (2) For each statute specified under paragraph (1), an 
     indication of the priority for enactment of an amendment.
       (3) For each statute specified under paragraph (1), a 
     description of the consequences if the statute is not 
     amended.

     SEC. 504. COMPTROLLER GENERAL OF THE UNITED STATES ASSESSMENT 
                   OF ADMINISTRATION OF POLYGRAPHS IN INTELLIGENCE 
                   COMMUNITY.

       (a) Assessment Required.--The Comptroller General of the 
     United States shall conduct an assessment of the 
     administration of polygraph evaluations that are needed in 
     the intelligence community to meet current annual mission 
     demand.
       (b) Elements.--The assessment completed under subsection 
     (a) shall include the following:
       (1) Identification of the number of polygraphers currently 
     available at each element of the intelligence community to 
     meet the demand described in subsection (a).

[[Page S5413]]

       (2) If the demand described in subsection (a) cannot be 
     met, an identification of the number of polygraphers that 
     would need to be hired and certified to meet it.
       (c) Briefing.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General shall 
     brief the congressional intelligence committees, the 
     Committee on Appropriations of the Senate, and the Committee 
     on Appropriations of the House of Representatives on the 
     preliminary findings of the Comptroller General with respect 
     to the assessment conducted pursuant to subsection (a).
       (d) Report.--Not later than one year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the committees described in subsection (c) a report on the 
     findings of the Comptroller General with respect to the 
     assessment conducted pursuant to subsection (a).

     SEC. 505. TIMELINESS IN THE ADMINISTRATION OF POLYGRAPHS.

       (a) Standards Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall, in the Director's capacity as the 
     Security Executive Agent pursuant to section 803(a) of the 
     National Security Act of 1947 (50 U.S.C. 3162a(a)), issue 
     standards for timeliness for Federal agencies to administer 
     polygraphs conducted for the purpose of--
       (A) adjudicating decisions regarding eligibility for access 
     to classified information (as defined in the procedures 
     established pursuant to section 801(a) of the National 
     Security Act of 1947 (50 U.S.C. 3161(a))); and
       (B) granting reciprocity pursuant to Security Executive 
     Agent Directive 2, or successor directive.
       (2) Publication.--The Director shall publish the standards 
     issued under paragraph (1) in the Federal Register or such 
     other venue as the Director considers appropriate.
       (b) Implementation Plan Required.--Not later than 180 days 
     after the date of the enactment of this Act, the Director 
     shall submit to Congress an implementation plan for Federal 
     agencies to comply with the standards issued under subsection 
     (a). Such plan shall specify the resources required by 
     Federal agencies to comply with such standards.

     SEC. 506. POLICY ON SUBMITTAL OF APPLICATIONS FOR ACCESS TO 
                   CLASSIFIED INFORMATION FOR CERTAIN PERSONNEL.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of National Intelligence shall, in the 
     Director's capacity as the Security Executive Agent pursuant 
     to section 803(a) of the National Security Act of 1947 (50 
     U.S.C. 3162a(a)), issue a policy that allows a private person 
     to submit a certain number or proportion of applications, on 
     a nonreimbursable basis, for employee access to classified 
     information for personnel who perform key management and 
     oversight functions who may not merit an application due to 
     their work under any one contract.

     SEC. 507. TECHNICAL CORRECTION REGARDING FEDERAL POLICY ON 
                   SHARING OF COVERED INSIDER THREAT INFORMATION.

       Section 806(b) of the Intelligence Authorization Act for 
     Fiscal Year 2022 (Public Law 117-103) is amended by striking 
     ``contracting agency'' and inserting ``contractor that 
     employs the contractor employee''.

     SEC. 508. ESTABLISHING PROCESS PARITY FOR ADVERSE SECURITY 
                   CLEARANCE AND ACCESS DETERMINATIONS.

       Subparagraph (C) of section 3001(j)(4) of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
     3341(j)(4)) is amended to read as follows:
       ``(C) Contributing factor.--
       ``(i) In general.--Subject to clause (iii), in determining 
     whether the adverse security clearance or access 
     determination violated paragraph (1), the agency shall find 
     that paragraph (1) was violated if the individual has 
     demonstrated that a disclosure described in paragraph (1) was 
     a contributing factor in the adverse security clearance or 
     access determination taken against the individual.
       ``(ii) Circumstantial evidence.--An individual under clause 
     (i) may demonstrate that the disclosure was a contributing 
     factor in the adverse security clearance or access 
     determination taken against the individual through 
     circumstantial evidence, such as evidence that--

       ``(I) the official making the determination knew of the 
     disclosure; and
       ``(II) the determination occurred within a period such that 
     a reasonable person could conclude that the disclosure was a 
     contributing factor in the determination.

       ``(iii) Defense.--In determining whether the adverse 
     security clearance or access determination violated paragraph 
     (1), the agency shall not find that paragraph (1) was 
     violated if, after a finding that a disclosure was a 
     contributing factor, the agency demonstrates by clear and 
     convincing evidence that it would have made the same security 
     clearance or access determination in the absence of such 
     disclosure.''.

     SEC. 509. ELIMINATION OF CAP ON COMPENSATORY DAMAGES FOR 
                   RETALIATORY REVOCATION OF SECURITY CLEARANCES 
                   AND ACCESS DETERMINATIONS.

       Section 3001(j)(4)(B) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(4)(B)) is 
     amended, in the second sentence, by striking ``not to exceed 
     $300,000''.

     SEC. 510. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON 
                   USE OF GOVERNMENT AND INDUSTRY SPACE CERTIFIED 
                   AS SENSITIVE COMPARTMENTED INFORMATION 
                   FACILITIES.

       Not later than 180 days after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to Congress a report on the average annual utilization 
     of Federal Government and industry space certified as a 
     sensitive compartmented information facility under 
     intelligence community or Department of Defense policy.

       TITLE VI--INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY

     SEC. 601. SUBMITTAL OF COMPLAINTS AND INFORMATION BY 
                   WHISTLEBLOWERS IN THE INTELLIGENCE COMMUNITY TO 
                   CONGRESS.

       (a) Amendments to Inspector General Act of 1978.--
       (1) Appointment of security officers.--Section 8H of the 
     Inspector General Act of 1978 (5 U.S.C. App.) is amended--
       (A) by redesignating subsection (h) as subsection (i); and
       (B) by inserting after subsection (g) the following:
       ``(h) Appointment of Security Officers.--Each Inspector 
     General under this section, including the designees of the 
     Inspector General of the Department of Defense pursuant to 
     subsection (a)(3), shall appoint within their offices 
     security officers to provide, on a permanent basis, 
     confidential, security-related guidance and direction to an 
     employee of their respective establishment, an employee 
     assigned or detailed to such establishment, or an employee of 
     a contractor of such establishment who intends to report to 
     Congress a complaint or information, so that such employee 
     can obtain direction on how to report to Congress in 
     accordance with appropriate security practices.''.
       (2) Procedures.--Subsection (d) of such section is 
     amended--
       (A) in paragraph (1), by inserting ``or any other committee 
     of jurisdiction of the Senate or the House of 
     Representatives'' after ``either or both of the intelligence 
     committees'';
       (B) by amending paragraph (2) to read as follows:
       ``(2)(A) Except as provided in subparagraph (B), the 
     employee may contact an intelligence committee or another 
     committee of jurisdiction directly as described in paragraph 
     (1) of this subsection or in subsection (a)(4) only if the 
     employee--
       ``(i) before making such a contact, furnishes to the head 
     of the establishment, through the Inspector General (or 
     designee), a statement of the employee's complaint or 
     information and notice of the employee's intent to contact an 
     intelligence committee or another committee of jurisdiction 
     of the Senate or the House of Representatives directly; and
       ``(ii)(I) obtains and follows from the head of the 
     establishment, through the Inspector General (or designee), 
     procedural direction on how to contact an intelligence 
     committee or another committee of jurisdiction of the Senate 
     or the House of Representatives in accordance with 
     appropriate security practices; or
       ``(II) obtains and follows such procedural direction from 
     the applicable security officer appointed under subsection 
     (h).
       ``(B) If an employee seeks procedural direction under 
     subparagraph (A)(ii) and does not receive such procedural 
     direction within 30 days, or receives insufficient direction 
     to report to Congress a complaint or information, the 
     employee may contact an intelligence committee or any other 
     committee of jurisdiction of the Senate or the House of 
     Representatives directly without obtaining or following the 
     procedural direction otherwise required under such 
     subparagraph.''; and
       (C) by redesignating paragraph (3) as paragraph (4); and
       (D) by inserting after paragraph (2) the following:
       ``(3) An employee of an element of the intelligence 
     community who intends to report to Congress a complaint or 
     information may report such complaint or information to the 
     Chairman and Vice Chairman or Ranking Member, as the case may 
     be, of an intelligence committee or another committee of 
     jurisdiction of the Senate or the House of Representatives, a 
     nonpartisan member of the committee staff designated for 
     purposes of receiving complaints or information under this 
     section, or a member of the majority staff and a member of 
     the minority staff of the committee.''.
       (3) Clarification of right to report directly to 
     congress.--Subsection (a) of such section is amended by 
     adding at the end the following:
       ``(4) Subject to paragraphs (2) and (3) of subsection (d), 
     an employee of an element of the intelligence community who 
     intends to report to Congress a complaint or information may 
     report such complaint or information directly to Congress, 
     regardless of whether the complaint or information is with 
     respect to an urgent concern--
       ``(A) in lieu of reporting such complaint or information 
     under paragraph (1); or
       ``(B) in addition to reporting such complaint or 
     information under paragraph (1).''.
       (b) Amendments to National Security Act of 1947.--
       (1) Appointment of security officers.--Section 103H(j) of 
     the National Security Act of 1947 (50 U.S.C. 3033(j)) is 
     amended by adding at the end the following:
       ``(5) The Inspector General shall appoint within the Office 
     of the Inspector General security officers as required by 
     subsection (h)

[[Page S5414]]

     of section 8H of the Inspector General Act of 1978 (5 U.S.C. 
     App.).''.
       (2) Procedures.--Subparagraph (D) of section 103H(k)(5) of 
     such Act (50 U.S.C. 3033(k)(5)) is amended--
       (A) in clause (i), by inserting ``or any other committee of 
     jurisdiction of the Senate or the House of Representatives'' 
     after ``either or both of the congressional intelligence 
     committees'';
       (B) by amending clause (ii) to read as follows:
       ``(ii)(I) Except as provided in subclause (II), an employee 
     may contact a congressional intelligence committee or another 
     committee of jurisdiction directly as described in clause (i) 
     only if the employee--

       ``(aa) before making such a contact, furnishes to the 
     Director, through the Inspector General, a statement of the 
     employee's complaint or information and notice of the 
     employee's intent to contact a congressional intelligence 
     committee or another committee of jurisdiction of the Senate 
     or the House of Representatives directly; and
       ``(bb)(AA) obtains and follows from the Director, through 
     the Inspector General, procedural direction on how to contact 
     a congressional intelligence committee or another committee 
     of jurisdiction of the Senate or the House of Representatives 
     in accordance with appropriate security practices; or
       ``(BB) obtains and follows such procedural direction from 
     the applicable security officer appointed under section 8H(h) 
     of the Inspector General Act of 1978 (5 U.S.C. App.).
       ``(II) If an employee seeks procedural direction under 
     subclause (I)(bb) and does not receive such procedural 
     direction within 30 days, or receives insufficient direction 
     to report to Congress a complaint or information, the 
     employee may contact a congressional intelligence committee 
     or any other committee of jurisdiction of the Senate or the 
     House of Representatives directly without obtaining or 
     following the procedural direction otherwise required under 
     such subclause.'';

       (C) by redesignating clause (iii) as clause (iv); and
       (D) by inserting after clause (ii) the following:
       ``(iii) An employee of an element of the intelligence 
     community who intends to report to Congress a complaint or 
     information may report such complaint or information to the 
     Chairman and Vice Chairman or Ranking Member, as the case may 
     be, of a congressional intelligence committee or another 
     committee of jurisdiction of the Senate or the House of 
     Representatives, a nonpartisan member of the committee staff 
     designated for purposes of receiving complaints or 
     information under this section, or a member of the majority 
     staff and a member of the minority staff of the committee.''.
       (3) Clarification of right to report directly to 
     congress.--Subparagraph (A) of such section is amended--
       (A) by inserting ``(i)'' before ``An employee of''; and
       (B) by adding at the end the following:
       ``(ii) Subject to clauses (ii) and (iii) of subparagraph 
     (D), an employee of an element of the intelligence community 
     who intends to report to Congress a complaint or information 
     may report such complaint or information directly to 
     Congress, regardless of whether the complaint or information 
     is with respect to an urgent concern--

       ``(I) in lieu of reporting such complaint or information 
     under clause (i); or
       ``(II) in addition to reporting such complaint or 
     information under clause (i).''.

       (c) Amendments to the Central Intelligence Agency Act of 
     1949.--
       (1) Appointment of security officers.--Section 17(d)(5) of 
     the Central Intelligence Agency Act of 1949 (50 U.S.C. 
     3517(d)(5)) is amended by adding at the end the following:

       ``(I) The Inspector General shall appoint within the Office 
     of the Inspector General security officers as required by 
     subsection (h) of section 8H of the Inspector General Act of 
     1978 (5 U.S.C. App.).''.

       (2) Procedures.--Subparagraph (D) of such section is 
     amended--
       (A) in clause (i), by inserting ``or any other committee of 
     jurisdiction of the Senate or the House of Representatives'' 
     after ``either or both of the intelligence committees'';
       (B) by amending clause (ii) to read as follows:
       ``(ii)(I) Except as provided in subclause (II), an employee 
     may contact an intelligence committee or another committee of 
     jurisdiction directly as described in clause (i) only if the 
     employee--

       ``(aa) before making such a contact, furnishes to the 
     Director, through the Inspector General, a statement of the 
     employee's complaint or information and notice of the 
     employee's intent to contact an intelligence committee or 
     another committee of jurisdiction of the Senate or the House 
     of Representatives directly; and
       ``(bb)(AA) obtains and follows from the Director, through 
     the Inspector General, procedural direction on how to contact 
     an intelligence committee or another committee of 
     jurisdiction of the Senate or the House of Representatives in 
     accordance with appropriate security practices; or
       ``(BB) obtains and follows such procedural direction from 
     the applicable security officer appointed under section 8H(h) 
     of the Inspector General Act of 1978 (5 U.S.C. App.).
       ``(II) If an employee seeks procedural direction under 
     subclause (I)(bb) and does not receive such procedural 
     direction within 30 days, or receives insufficient direction 
     to report to Congress a complaint or information, the 
     employee may contact an intelligence committee or another 
     committee of jurisdiction of the Senate or the House of 
     Representatives directly without obtaining or following the 
     procedural direction otherwise required under such 
     subclause.'';

       (C) by redesignating clause (iii) as clause (iv); and
       (D) by inserting after clause (ii) the following:
       ``(iii) An employee of the Agency who intends to report to 
     Congress a complaint or information may report such complaint 
     or information to the Chairman and Vice Chairman or Ranking 
     Member, as the case may be, of an intelligence committee or 
     another committee of jurisdiction of the Senate or the House 
     of Representatives, a nonpartisan member of the committee 
     staff designated for purposes of receiving complaints or 
     information under this section, or a member of the majority 
     staff and a member of the minority staff of the committee.''.
       (3) Clarification of right to report directly to 
     congress.--Subparagraph (A) of such section is amended--
       (A) by inserting ``(i)'' before ``An employee of''; and
       (B) by adding at the end the following:
       ``(ii) Subject to clauses (ii) and (iii) of subparagraph 
     (D), an employee of the Agency who intends to report to 
     Congress a complaint or information may report such complaint 
     or information directly to Congress, regardless of whether 
     the complaint or information is with respect to an urgent 
     concern--

       ``(I) in lieu of reporting such complaint or information 
     under clause (i); or
       ``(II) in addition to reporting such complaint or 
     information under clause (i).''.

       (d) Rule of Construction.--Nothing in this section or an 
     amendment made by this section shall be construed to revoke 
     or diminish any right of an individual provided by section 
     2303 of title 5, United States Code.

     SEC. 602. MODIFICATION OF WHISTLEBLOWER PROTECTIONS FOR 
                   CONTRACTOR EMPLOYEES IN INTELLIGENCE COMMUNITY.

       Section 1104(c)(1)(A) of the National Security Act of 1947 
     (50 U.S.C. 3234(c)(1)(A)) is amended by inserting ``a 
     supervisor of the employing agency with responsibility for 
     the subject matter of the disclosure,'' after ``chain of 
     command,''.

     SEC. 603. PROHIBITION AGAINST DISCLOSURE OF WHISTLEBLOWER 
                   IDENTITY AS REPRISAL AGAINST WHISTLEBLOWER 
                   DISCLOSURE BY EMPLOYEES AND CONTRACTORS IN 
                   INTELLIGENCE COMMUNITY.

       (a) In General.--Section 1104 of the National Security Act 
     of 1947 (50 U.S.C. 3234) is amended--
       (1) in subsection (a)(3) of such section--
       (A) in subparagraph (I), by striking ``; or'' and inserting 
     a semicolon;
       (B) by redesignating subparagraph (J) as subparagraph (K); 
     and
       (C) by inserting after subparagraph (I) the following:
       ``(J) a knowing and willful disclosure revealing the 
     identity or other personally identifiable information of an 
     employee or contractor employee; or'';
       (2) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively; and
       (3) by inserting after subsection (e) the following:
       ``(f) Personnel Actions Involving Disclosures of 
     Whistleblower Identity.--A personnel action described in 
     subsection (a)(3)(J) shall not be considered in violation of 
     subsection (b) or (c) under the following circumstances:
       ``(1) The personnel action was taken with the express 
     consent of the employee or contractor employee.
       ``(2) An Inspector General with oversight responsibility 
     for a covered intelligence community element determines 
     that--
       ``(A) the personnel action was unavoidable under section 
     103H(g)(3)(A) of this Act (50 U.S.C. 3033(g)(3)(A)), section 
     17(e)(3)(A) of the Central Intelligence Agency Act of 1949 
     (50 U.S.C. 3517(e)(3)(A)), section 7(b) of the Inspector 
     General Act of 1978 (5 U.S.C. App.), or section 8M(b)(2)(B) 
     of the Inspector General Act of 1978 (5 U.S.C. App.);
       ``(B) the personnel action was made to an official of the 
     Department of Justice responsible for determining whether a 
     prosecution should be undertaken; or
       ``(C) the personnel action was required by statute or an 
     order from a court of competent jurisdiction.''.
       (b) Applicability to Detailees.--Subsection (a) of section 
     1104 of such Act (50 U.S.C. 3234) is amended by adding at the 
     end the following:
       ``(5) Employee.--The term `employee', with respect to an 
     agency or a covered intelligence community element, includes 
     an individual who has been detailed to such agency or covered 
     intelligence community element.''.

     SEC. 604. DEFINITIONS REGARDING WHISTLEBLOWER COMPLAINTS AND 
                   INFORMATION OF URGENT CONCERN RECEIVED BY 
                   INSPECTORS GENERAL OF THE INTELLIGENCE 
                   COMMUNITY.

       (a) National Security Act of 1947.--Section 
     103H(k)(5)(G)(i)(I) of the National Security Act of 1947 (50 
     U.S.C. 3033(k)(5)(G)(i)(I)) is amended by striking ``within 
     the'' and all that follows through ``policy matters.'' and 
     inserting the following: ``of the Federal Government that 
     is--
       ``(aa) a matter of national security; and
       ``(bb) not a difference of opinion concerning public policy 
     matters.''.

[[Page S5415]]

       (b) Inspector General Act of 1978.--Section 8H(h)(1)(A)(i) 
     of the Inspector General Act of 1978 (5 U.S.C. App.) is 
     amended by striking ``involving'' and all that follows 
     through ``policy matters.'' and inserting the following: ``of 
     the Federal Government that is--

       ``(I) a matter of national security; and
       ``(II) not a difference of opinion concerning public policy 
     matters.''.

       (c) Central Intelligence Agency Act of 1949.--Section 
     17(d)(5)(G)(i)(I)(aa) of the Central Intelligence Agency Act 
     of 1949 (50 U.S.C. 3517(d)(5)(G)(i)(I)(aa)) is amended by 
     striking ``involving'' and all that follows through ``policy 
     matters.'' and inserting the following: ``of the Federal 
     Government that is--
       ``(AA) a matter of national security; and
       ``(BB) not a difference of opinion concerning public policy 
     matters.''.

                        TITLE VII--OTHER MATTERS

     SEC. 701. IMPROVEMENTS RELATING TO CONTINUITY OF PRIVACY AND 
                   CIVIL LIBERTIES OVERSIGHT BOARD MEMBERSHIP.

       Paragraph (4) of section 1061(h) of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(h)) is 
     amended to read as follows:
       ``(4) Term.--
       ``(A) Commencement.--Each member of the Board shall serve a 
     term of 6 years, commencing on the date of the appointment of 
     the member to the Board.
       ``(B) Reappointment.--A member may be reappointed to one or 
     more additional terms.
       ``(C) Vacancy.--A vacancy on the Board shall be filled in 
     the manner in which the original appointment was made.
       ``(D) Extension.--Upon the expiration of the term of office 
     of a member, the member may continue to serve, at the 
     election of the member--
       ``(i) during the period preceding the reappointment of the 
     member pursuant to subparagraph (B); or
       ``(ii) until the member's successor has been appointed and 
     qualified.''.

     SEC. 702. MODIFICATION OF REQUIREMENT FOR OFFICE TO ADDRESS 
                   UNIDENTIFIED AEROSPACE-UNDERSEA PHENOMENA.

       (a) In General.--Section 1683 of the National Defense 
     Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373) is 
     amended to read as follows:

     ``SEC. 1683. ESTABLISHMENT OF UNIDENTIFIED AEROSPACE-UNDERSEA 
                   PHENOMENA JOINT PROGRAM OFFICE.

       ``(a) Establishment of Office.--
       ``(1) In general.--Not later than 120 days after the date 
     of the enactment of the Intelligence Authorization Act for 
     Fiscal Year 2023, the Secretary of Defense, in coordination 
     with the Director of National Intelligence, shall establish 
     an office within a component of the Office of the Secretary 
     of Defense, or within a joint organization of the Department 
     of Defense and the Office of the Director of National 
     Intelligence, to carry out the duties of the Unidentified 
     Aerial Phenomena Task Force, as in effect on December 26, 
     2021, and such other duties as are required by this section, 
     including those pertaining to--
       ``(A) transmedium objects or devices and unidentified 
     aerospace-undersea phenomena;
       ``(B) space, atmospheric, and water domains; and
       ``(C) currently unknown technology and other domains.
       ``(2) Designation.--The office established under paragraph 
     (1) shall be known as the `Unidentified Aerospace-Undersea 
     Phenomena Joint Program Office' (in this section referred to 
     as the `Office').
       ``(b) Director and Deputy Director of the Office.--
       ``(1) Appointment of director.--The head of the Office 
     shall be the Director of the Unidentified Aerospace-Undersea 
     Phenomena Joint Program Office (in this section referred to 
     as the `Director of the Office'), who shall be appointed by 
     the Secretary of Defense.
       ``(2) Appointment of deputy director.--There shall be in 
     the Office a Deputy Director of the Unidentified Aerospace-
     Undersea Phenomena Joint Program Office (in this section 
     referred to as the `Deputy Director of the Office'), who 
     shall be appointed by the Director of National Intelligence.
       ``(3) Reporting.--(A) The Director of the Office shall 
     report to the Secretary of Defense.
       ``(B) The Deputy Director of the Office shall report--
       ``(i) to the Secretary of Defense and the Director of 
     National Intelligence on all administrative matters of the 
     Office; and
       ``(ii) to the Secretary of Defense on all operational 
     matters of the Office.
       ``(c) Duties.--The duties of the Office shall include the 
     following:
       ``(1) Developing procedures to synchronize and standardize 
     the collection, reporting, and analysis of incidents, 
     including adverse physiological effects, regarding 
     unidentified aerospace-undersea phenomena across the 
     Department of Defense and the intelligence community, in 
     consultation with the Director of National Intelligence, and 
     submitting a report on such procedures to the congressional 
     defense committees, the congressional intelligence 
     committees, and congressional leadership.
       ``(2) Developing processes and procedures to ensure that 
     such incidents from each component of the Department and each 
     element of the intelligence community are reported and 
     incorporated in a centralized repository.
       ``(3) Establishing procedures to require the timely and 
     consistent reporting of such incidents.
       ``(4) Evaluating links between unidentified aerospace-
     undersea phenomena and adversarial foreign governments, other 
     foreign governments, or nonstate actors.
       ``(5) Evaluating the threat that such incidents present to 
     the United States.
       ``(6) Coordinating with other departments and agencies of 
     the Federal Government, as appropriate, including the Federal 
     Aviation Administration, the National Aeronautics and Space 
     Administration, the Department of Homeland Security, the 
     National Oceanic and Atmospheric Administration, the National 
     Science Foundation, and the Department of Energy.
       ``(7) Coordinating with allies and partners of the United 
     States, as appropriate, to better assess the nature and 
     extent of unidentified aerospace-undersea phenomena.
       ``(8) Preparing reports for Congress, in both classified 
     and unclassified form, including under subsection (j).
       ``(9) Ensuring that appropriate elements of the 
     intelligence community receive all reports received by the 
     Office regarding a temporary nonattributed object or an 
     object that is positively identified as man-made, including 
     by creating a procedure to ensure that the Office refers such 
     reports to an appropriate element of the intelligence 
     community for distribution among other relevant elements of 
     the intelligence community, in addition to the reports in the 
     repository described in paragraph (2).
       ``(d) Response to and Field Investigations of Unidentified 
     Aerospace-undersea Phenomena.--
       ``(1) Designation.--The Secretary, in coordination with the 
     Director of National Intelligence, shall designate one or 
     more line organizations within the Department of Defense and 
     the intelligence community that possess appropriate 
     expertise, authorities, accesses, data, systems, platforms, 
     and capabilities to rapidly respond to, and conduct field 
     investigations of, incidents involving unidentified 
     aerospace-undersea phenomena under the direction of the 
     Director of the Office.
       ``(2) Ability to respond.--The Secretary, in coordination 
     with the Director of National Intelligence, shall ensure that 
     each line organization designated under paragraph (1) has 
     adequate personnel with the requisite expertise, equipment, 
     transportation, and other resources necessary to respond 
     rapidly to incidents or patterns of observations involving 
     unidentified aerospace-undersea phenomena of which the Office 
     becomes aware.
       ``(e) Scientific, Technological, and Operational Analyses 
     of Data on Unidentified Aerospace-undersea Phenomena.--
       ``(1) Designation.--The Secretary, in coordination with the 
     Director of National Intelligence, shall designate one or 
     more line organizations that will be primarily responsible 
     for scientific, technical, and operational analysis of data 
     gathered by field investigations conducted pursuant to 
     subsection (d) and data from other sources, including with 
     respect to the testing of materials, medical studies, and 
     development of theoretical models, to better understand and 
     explain unidentified aerospace-undersea phenomena.
       ``(2) Authority.--The Secretary and the Director of 
     National Intelligence shall each issue such directives as are 
     necessary to ensure that each line organization designated 
     under paragraph (1) has authority to draw on the special 
     expertise of persons outside the Federal Government with 
     appropriate security clearances.
       ``(f) Data; Intelligence Collection.--
       ``(1) Availability of data and reporting on unidentified 
     aerospace-undersea phenomena.--The Director of National 
     Intelligence and the Secretary shall each, in coordination 
     with one another, ensure that--
       ``(A) each element of the intelligence community with data 
     relating to unidentified aerospace-undersea phenomena makes 
     such data available immediately to the Office; and
       ``(B) military and civilian personnel of the Department of 
     Defense or an element of the intelligence community, and 
     contractor personnel of the Department or such an element, 
     have access to procedures by which the personnel shall report 
     incidents or information, including adverse physiological 
     effects, involving or associated with unidentified aerospace-
     undersea phenomena directly to the Office.
       ``(2) Intelligence collection and analysis plan.--The 
     Director of the Office, acting on behalf of the Secretary of 
     Defense and the Director of National Intelligence, shall 
     supervise the development and execution of an intelligence 
     collection and analysis plan to gain as much knowledge as 
     possible regarding the technical and operational 
     characteristics, origins, and intentions of unidentified 
     aerospace-undersea phenomena, including with respect to the 
     development, acquisition, deployment, and operation of 
     technical collection capabilities necessary to detect, 
     identify, and scientifically characterize unidentified 
     aerospace-undersea phenomena.
       ``(3) Use of resources and capabilities.--In developing the 
     plan under paragraph (2), the Director of the Office shall 
     consider and propose, as the Director of the Office 
     determines appropriate, the use of any resource, capability, 
     asset, or process of the Department and the intelligence 
     community.
       ``(4) Director of the national geospatial-intelligence 
     agency.--

[[Page S5416]]

       ``(A) Leadership.--The Director of the National Geospatial-
     Intelligence Agency shall lead the collection efforts of the 
     intelligence community with respect to unidentified 
     aerospace-undersea phenomena geospatial intelligence.
       ``(B) Briefings.--Not later than 90 days after the date of 
     the enactment of the Intelligence Authorization Act for 
     Fiscal Year 2023 and not less frequently than once every 90 
     days thereafter, the Director shall brief the congressional 
     defense committees, the congressional intelligence 
     committees, and congressional leadership on the activities of 
     the Director under this paragraph.
       ``(g) Science Plan.--The Director of the Office, on behalf 
     of the Secretary and the Director of National Intelligence, 
     shall supervise the development and execution of a science 
     plan to develop and test, as practicable, scientific theories 
     to--
       ``(1) account for characteristics and performance of 
     unidentified aerospace-undersea phenomena that exceed the 
     known state of the art in science or technology, including in 
     the areas of propulsion, aerodynamic control, signatures, 
     structures, materials, sensors, countermeasures, weapons, 
     electronics, and power generation; and
       ``(2) provide the foundation for potential future 
     investments to replicate or otherwise better understand any 
     such advanced characteristics and performance.
       ``(h) Assignment of Priority.--The Director of National 
     Intelligence, in consultation with, and with the 
     recommendation of the Secretary, shall assign an appropriate 
     level of priority within the National Intelligence Priorities 
     Framework to the requirement to understand, characterize, and 
     respond to unidentified aerospace-undersea phenomena.
       ``(i) Core Group.--Not later than 180 days after the date 
     of the enactment of the Intelligence Authorization Act for 
     Fiscal Year 2023, the Director of the Office, the Secretary 
     of Defense, and the Director of National Intelligence shall 
     jointly establish a core group within the Office that shall 
     include, at a minimum, representatives with all relevant and 
     appropriate security clearances from the following:
       ``(1) The Central Intelligence Agency.
       ``(2) The National Security Agency.
       ``(3) The Department of Energy.
       ``(4) The National Reconnaissance Office.
       ``(5) The Air Force.
       ``(6) The Space Force.
       ``(7) The Defense Intelligence Agency.
       ``(8) The National Geospatial-Intelligence Agency.
       ``(9) The Department of Homeland Security.
       ``(j) Annual Reports.--
       ``(1) Reports from director of national intelligence.--
       ``(A) Requirement.--Not later than 180 days after the date 
     of the enactment of the Intelligence Authorization Act for 
     Fiscal Year 2023, and annually thereafter for 4 years, the 
     Director of National Intelligence, in consultation with the 
     Secretary, shall submit to the appropriate congressional 
     committees a report on unidentified aerospace-undersea 
     phenomena.
       ``(B) Elements.--Each report under subparagraph (A) shall 
     include, with respect to the year covered by the report, the 
     following information:
       ``(i) All reported unidentified aerospace-undersea 
     phenomena-related events that occurred during the one-year 
     period.
       ``(ii) All reported unidentified aerospace-undersea 
     phenomena-related events that occurred during a period other 
     than that one-year period but were not included in an earlier 
     report.
       ``(iii) An analysis of data and intelligence received 
     through each reported unidentified aerospace-undersea 
     phenomena-related event.
       ``(iv) An analysis of data relating to unidentified 
     aerospace-undersea phenomena collected through--

       ``(I) geospatial intelligence;
       ``(II) signals intelligence;
       ``(III) human intelligence; and
       ``(IV) measurement and signature intelligence.

       ``(v) The number of reported incidents of unidentified 
     aerospace-undersea phenomena over restricted airspace of the 
     United States during the one-year period.
       ``(vi) An analysis of such incidents identified under 
     clause (v).
       ``(vii) Identification of potential aerospace or other 
     threats posed by unidentified aerospace-undersea phenomena to 
     the national security of the United States.
       ``(viii) An assessment of any activity regarding 
     unidentified aerospace-undersea phenomena that can be 
     attributed to one or more adversarial foreign governments.
       ``(ix) Identification of any incidents or patterns 
     regarding unidentified aerospace-undersea phenomena that 
     indicate a potential adversarial foreign government may have 
     achieved a breakthrough aerospace capability.
       ``(x) An update on the coordination by the United States 
     with allies and partners on efforts to track, understand, and 
     address unidentified aerospace-undersea phenomena.
       ``(xi) An update on any efforts underway on the ability to 
     capture or exploit discovered unidentified aerospace-undersea 
     phenomena.
       ``(xii) An assessment of any health related effects for 
     individuals that have encountered unidentified aerospace-
     undersea phenomena.
       ``(xiii) The number of reported incidents, and descriptions 
     thereof, of unidentified aerospace-undersea phenomena 
     associated with military nuclear assets, including strategic 
     nuclear weapons and nuclear-powered ships and submarines.
       ``(xiv) In consultation with the Administrator for Nuclear 
     Security, the number of reported incidents, and descriptions 
     thereof, of unidentified aerospace-undersea phenomena 
     associated with facilities or assets associated with the 
     production, transportation, or storage of nuclear weapons or 
     components thereof.
       ``(xv) In consultation with the Chairman of the Nuclear 
     Regulatory Commission, the number of reported incidents, and 
     descriptions thereof, of unidentified aerospace-undersea 
     phenomena or drones of unknown origin associated with nuclear 
     power generating stations, nuclear fuel storage sites, or 
     other sites or facilities regulated by the Nuclear Regulatory 
     Commission.
       ``(xvi) The names of the line organizations that have been 
     designated to perform the specific functions under 
     subsections (d) and (e), and the specific functions for which 
     each such line organization has been assigned primary 
     responsibility.
       ``(C) Form.--Each report submitted under subparagraph (A) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       ``(2) Reports from elements of intelligence community.--Not 
     later than one year after the date of enactment of the 
     Intelligence Authorization Act for Fiscal Year 2023, and 
     annually thereafter, each head of an element of the 
     intelligence community shall submit to the congressional 
     committees specified in subparagraphs (A), (B), (D), and (E) 
     of subsection (o)(1) and congressional leadership a report on 
     the activities of the element of the head undertaken in the 
     past year to support the Office, including a section prepared 
     by the Office that includes a detailed description of the 
     coordination between the Office and the element of the 
     intelligence community, any concerns with such coordination, 
     and any recommendations for improving such coordination.
       ``(k) Semiannual Briefings.--
       ``(1) Requirement.--Not later than December 31, 2022, and 
     not less frequently than semiannually thereafter until 
     December 31, 2026, the Director of the Office shall provide 
     to the congressional committees specified in subparagraphs 
     (A), (B), (D), and (E) of subsection (o)(1) classified 
     briefings on unidentified aerospace-undersea phenomena.
       ``(2) First briefing.--The first briefing provided under 
     paragraph (1) shall include all incidents involving 
     unidentified aerospace-undersea phenomena that were reported 
     to the Unidentified Aerial Phenomena Task Force or to the 
     Office established under subsection (a) after June 24, 2021, 
     regardless of the date of occurrence of the incident.
       ``(3) Subsequent briefings.--Each briefing provided 
     subsequent to the first briefing described in paragraph (2) 
     shall include, at a minimum, all events relating to 
     unidentified aerospace-undersea phenomena that occurred 
     during the previous 180 days, and events relating to 
     unidentified aerospace-undersea phenomena that were not 
     included in an earlier briefing.
       ``(4) Instances in which data was not shared.--For each 
     briefing period, the Director of the Office shall jointly 
     provide to the chairman or chair and the ranking member or 
     vice chairman of the congressional committees specified in 
     subparagraphs (A) and (D) of subsection (o)(1) an enumeration 
     of any instances in which data relating to unidentified 
     aerospace-undersea phenomena was not provided to the Office 
     because of classification restrictions on that data or for 
     any other reason.
       ``(l) Quarterly Briefings.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of the Intelligence Authorization Act for 
     Fiscal Year 2023, and not less frequently than once every 90 
     days thereafter, the Director of the Office shall provide the 
     appropriate congressional committees and congressional 
     leadership briefings on unidentified aerospace-undersea 
     phenomena events.
       ``(2) Elements.--The briefings provided under paragraph (1) 
     shall include the following:
       ``(A) A continuously updated compendium of unidentified 
     aerospace-undersea phenomena events.
       ``(B) Details about each sighting that has occurred within 
     the past 90 days and the status of each sighting's 
     resolution.
       ``(C) Updates on the Office's collection activities and 
     posture, analysis, and research.
       ``(m) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     the work of the Office, including with respect to--
       ``(1) general intelligence gathering and intelligence 
     analysis; and
       ``(2) strategic defense, space defense, defense of 
     controlled air space, defense of ground, air, or naval 
     assets, and related purposes.
       ``(n) Task Force Termination.--Not later than the date on 
     which the Secretary establishes the Office under subsection 
     (a), the Secretary shall terminate the Unidentified Aerial 
     Phenomena Task Force.
       ``(o) Definitions.--In this section:
       ``(1) The term `appropriate congressional committees' means 
     the following:
       ``(A) The Committees on Armed Services of the Senate and 
     the House of Representatives.
       ``(B) The Committees on Appropriations of the Senate and 
     the House of Representatives.
       ``(C) The Committee on Foreign Relations of the Senate and 
     the Committee on Foreign Affairs of the House of 
     Representatives.

[[Page S5417]]

       ``(D) The Select Committee on Intelligence of the Senate 
     and the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       ``(E) The Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives.
       ``(2) The term `congressional defense committees' has the 
     meaning given such term in section 101(a) of title 10, United 
     States Code.
       ``(3) The term `congressional intelligence committees' has 
     the meaning given such term in section 3 of the National 
     Security Act of 1947 (50 U.S.C. 3003).
       ``(4) The term `congressional leadership' means--
       ``(A) the majority leader of the Senate;
       ``(B) the minority leader of the Senate;
       ``(C) the Speaker of the House of Representatives; and
       ``(D) the minority leader of the House of Representatives.
       ``(5) The term `intelligence community' has the meaning 
     given such term in section 3 of the National Security Act of 
     1947 (50 U.S.C. 3003).
       ``(6) The term `line organization' means, with respect to a 
     department or agency of the Federal Government, an 
     organization that executes programs and activities to 
     directly advance the core functions and missions of the 
     department or agency to which the organization is 
     subordinate, but, with respect to the Department of Defense, 
     does not include a component of the Office of the Secretary 
     of Defense.
       ``(7) The term `transmedium objects or devices' means 
     objects or devices that are--
       ``(A) observed to transition between space and the 
     atmosphere, or between the atmosphere and bodies of water; 
     and
       ``(B) not immediately identifiable.
       ``(8) The term `unidentified aerospace-undersea 
     phenomena'--
       ``(A) means--
       ``(i) airborne objects that are not immediately 
     identifiable;
       ``(ii) transmedium objects or devices; and
       ``(iii) submerged objects or devices that are not 
     immediately identifiable and that display behavior or 
     performance characteristics suggesting that the objects or 
     devices may be related to the objects or devices described in 
     subparagraph (A) or (B); and
       ``(B) does not include temporary nonattributed objects or 
     those that are positively identified as man-made.''.
       (b) Delegation of Duties of Director of National 
     Intelligence.--Not later than 180 days after the date of the 
     enactment of this Act, the Director of National Intelligence 
     shall select a full-time equivalent employee of the 
     intelligence community and delegate to such employee the 
     responsibilities of the Director under section 1683 of such 
     Act (50 U.S.C. 3373), as amended by subsection (a).
       (c) Clerical Amendment.--The table of contents in section 
     2(b) of such Act is amended by striking the item relating to 
     section 1683 of division A and inserting the following new 
     item:

``Sec. 1683. Establishment of Unidentified Aerospace-Undersea Phenomena 
              Joint Program Office.''.

     SEC. 703. UNIDENTIFIED AEROSPACE-UNDERSEA PHENOMENA REPORTING 
                   PROCEDURES.

       (a) Authorization for Reporting.--Notwithstanding the terms 
     of any nondisclosure written or oral agreement, order, or 
     other instrumentality or means, that could be interpreted as 
     a legal constraint on reporting by a witness of an 
     unidentified aerospace-undersea phenomena, reporting in 
     accordance with the system established under subsection (b) 
     is hereby authorized and shall be deemed to comply with any 
     regulation or order issued under the authority of Executive 
     Order 13526 (50 U.S.C. 3161 note; relating to classified 
     national security information) or chapter 18 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2271 et seq.).
       (b) System for Reporting.--
       (1) Establishment.--The head of the Office, on behalf of 
     the Secretary of Defense and the Director of National 
     Intelligence, shall establish a secure system for receiving 
     reports of--
       (A) any event relating to unidentified aerospace-undersea 
     phenomena; and
       (B) any Government or Government contractor activity or 
     program related to unidentified aerospace-undersea phenomena.
       (2) Protection of systems, programs, and activity.--The 
     system established pursuant to paragraph (1) shall serve as a 
     mechanism to prevent unauthorized public reporting or 
     compromise of properly classified military and intelligence 
     systems, programs, and related activity, including all 
     categories and levels of special access and compartmented 
     access programs, current, historical, and future.
       (3) Administration.--The system established pursuant to 
     paragraph (1) shall be administered by designated and widely 
     known, easily accessible, and appropriately cleared 
     Department of Defense and intelligence community employees or 
     contractors assigned to the Unidentified Aerial Phenomena 
     Task Force or the Office.
       (4) Sharing of information.--The system established under 
     paragraph (1) shall provide for the immediate sharing with 
     Office personnel and supporting analysts and scientists of 
     information previously prohibited from reporting under any 
     nondisclosure written or oral agreement, order, or other 
     instrumentality or means, except in cases where the cleared 
     Government personnel administering such system conclude that 
     the preponderance of information available regarding the 
     reporting indicates that the observed object and associated 
     events and activities likely relate to a special access 
     program or compartmented access program that, as of the date 
     of the reporting, has been explicitly and clearly reported to 
     the congressional defense committees and congressional 
     intelligence committees, and is documented as meeting those 
     criteria.
       (5) Initial report and publication.--Not later than 180 
     days after the date of the enactment of this Act, the head of 
     the Office, on behalf of the Secretary and the Director, 
     shall--
       (A) submit to the congressional intelligence committees, 
     the congressional defense committees, and congressional 
     leadership a report detailing the system established under 
     paragraph (1); and
       (B) make available to the public on a website of the 
     Department of Defense information about such system, 
     including clear public guidance for accessing and using such 
     system and providing feedback about the expected timeline to 
     process a report.
       (6) Annual reports.--Subsection (j)(1) of section 1683 of 
     the National Defense Authorization Act for Fiscal Year 2022 
     (50 U.S.C. 3373), as amended by section 703, is further 
     amended--
       (A) in subparagraph (A), by inserting ``and congressional 
     leadership'' after ``appropriate congressional committees''; 
     and
       (B) in subparagraph (B), by adding at the end the following 
     new clause:
       ``(xvii) A summary of the reports received using the system 
     established under section 703(b)(1) of the Intelligence 
     Authorization Act for Fiscal Year 2023.''.
       (c) Records of Nondisclosure Agreements.--
       (1) Identification of nondisclosure agreements.--The 
     Secretary of Defense, the Director of National Intelligence, 
     the Secretary of Homeland Security, the heads of such other 
     departments and agencies of the Federal Government that have 
     supported investigations of the types of events covered by 
     subparagraph (A) of subsection (b)(1) and activities and 
     programs described in subparagraph (B) of such subsection, 
     and contractors of the Federal Government supporting such 
     activities and programs shall conduct comprehensive searches 
     of all records relating to nondisclosure orders or agreements 
     or other obligations relating to the types of events 
     described in subsection (a) and provide copies of all 
     relevant documents to the Office.
       (2) Submittal to congress.--The head of the Office shall--
       (A) make the records compiled under paragraph (1) 
     accessible to the congressional intelligence committees, the 
     congressional defense committees, the Committee on Homeland 
     Security and Governmental Affairs of the Senate, the 
     Committee on Homeland Security of the House of 
     Representatives, and congressional leadership; and
       (B) not later than September 30, 2023, and at least once 
     each fiscal year thereafter through fiscal year 2026, provide 
     to such committees and congressional leadership briefings and 
     reports on such records.
       (d) Protection From Liability.--
       (1) Protection from liability.--It shall not be a violation 
     of any law, and no cause of action shall lie or be maintained 
     in any court or other tribunal against any person, for 
     reporting any information through, and in compliance with, 
     the system established pursuant to subsection (b)(1).
       (2) Prohibition on reprisals.--An employee of a Federal 
     agency and an employee of a contractor for the Federal 
     Government who has authority to take, direct others to take, 
     recommend, or approve any personnel action, shall not, with 
     respect to such authority, take or fail to take, or threaten 
     to take or fail to take, a personnel action, including the 
     revocation or suspension of security clearances, with respect 
     to any individual as a reprisal for any reporting as 
     described in paragraph (1).
       (e) Review by Inspectors General.--Not later than one year 
     after the date of the enactment of this Act, the Inspector 
     General of the Department of Defense and the Inspector 
     General of the Intelligence Community shall each--
       (1) conduct an assessment of the compliance with the 
     requirements of this section and the operation and efficacy 
     of the system established under subsection (b); and
       (2) submit to the congressional intelligence committees, 
     the congressional defense committees, the Committee on 
     Homeland Security and Governmental Affairs of the Senate, the 
     Committee on Homeland Security of the House of 
     Representatives, and congressional leadership a report on 
     their respective findings with respect to the assessments 
     they conducted under paragraph (1).
       (f) Definitions.--In this section:
       (1) The term ``congressional defense committees'' has the 
     meaning given such term in section 101(a) of title 10, United 
     States Code.
       (2) The term ``congressional leadership'' means--
       (A) the majority leader of the Senate;
       (B) the minority leader of the Senate;
       (C) the Speaker of the House of Representatives; and
       (D) the minority leader of the House of Representatives.
       (3) The term ``Office'' means the office established under 
     section 1683(a) of the National Defense Authorization Act for 
     Fiscal

[[Page S5418]]

     Year 2022 (50 U.S.C. 3373(a)), as amended by section 703.
       (4) The term ``personnel action'' has the meaning given 
     such term in section 1104(a) of the National Security Act of 
     1947 (50 U.S.C. 3234(a)).
       (5) The term ``unidentified aerospace-undersea phenomena'' 
     has the meaning given such term in section 1683(o) of the 
     National Defense Authorization Act for Fiscal Year 2022 (50 
     U.S.C. 3373(o)), as amended by section 703.

     SEC. 704. COMPTROLLER GENERAL OF THE UNITED STATES 
                   COMPILATION OF UNIDENTIFIED AEROSPACE-UNDERSEA 
                   PHENOMENA RECORDS.

       (a) Definition of Unidentified Aerospace-undersea 
     Phenomena.--In this section, the term ``unidentified 
     aerospace-undersea phenomena'' has the meaning given such 
     term in section 1683(o) of the National Defense Authorization 
     Act for Fiscal Year 2022 (50 U.S.C. 3373(o)), as amended by 
     section 703.
       (b) Compilation Required.--Not later than one year after 
     the date of the enactment of this Act, the Comptroller 
     General of the United States shall--
       (1) commence a review of the records and documents of the 
     intelligence community, oral history interviews, open source 
     analytic analysis, interviews of current and former 
     government officials, classified and unclassified national 
     archives (including those records any third party obtained 
     pursuant to section 552 of title 5, United States Code 
     (commonly known as the ``Freedom of Information Act'' or 
     ``FOIA'')), and such other relevant historical sources as the 
     Comptroller General considers appropriate; and
       (2) for the period beginning on January 1, 1947, and ending 
     on the date on which the Comptroller General completes 
     activities under this subsection, compile and itemize a 
     complete historical record of the intelligence community's 
     involvement with unidentified aerospace-undersea phenomena, 
     including successful or unsuccessful efforts to identify and 
     track unidentified aerospace-undersea phenomena, and any 
     intelligence community efforts to obfuscate, manipulate 
     public opinion, hide, or otherwise provide unclassified or 
     classified misinformation about unidentified aerospace-
     undersea phenomena or related activities, based on the review 
     conducted under paragraph (1).
       (c) Report.--
       (1) In general.--Not later than 180 days after the date on 
     which the Comptroller General completes the compilation and 
     itemization required by subsection (b)(2), the Comptroller 
     General shall submit to Congress a report summarizing the 
     historical record described in such subsection.
       (2) Resources.--The report submitted under paragraph (1) 
     shall include citations to the resources relied upon and 
     instructions as to how the resources can be accessed.
       (3) Form.--The report submitted under paragraph (1) shall 
     be submitted in unclassified form, but may include a 
     classified annex as necessary.
       (d) Cooperation of Intelligence Community.--The heads of 
     elements of the intelligence community whose participation 
     the Comptroller General deems necessary to carry out 
     subsections (b) and (c), including the Director of National 
     Intelligence, the Under Secretary of Defense for Intelligence 
     and Security, and the Director of the Unidentified Aerospace-
     Undersea Phenomena Joint Program Office, shall fully 
     cooperate with the Comptroller General and provide to the 
     Comptroller General such information as the Comptroller 
     General determines necessary to carry out such subsections.
       (e) Access to Records of the National Archives and Records 
     Administration.--The Archivist of the United States shall 
     make available to the Comptroller General such information 
     maintained by the National Archives and Records 
     Administration, including classified information, as the 
     Comptroller General considers necessary to carry out 
     subsections (b) and (c).

     SEC. 705. OFFICE OF GLOBAL COMPETITION ANALYSIS.

       (a) Definitions.--In this section:
       (1) Executive agency.--The term ``Executive agency'' has 
     the meaning given such term in section 105 of title 5, United 
     States Code.
       (2) Office.--The term ``Office'' means the Office of Global 
     Competition Analysis established under subsection (b).
       (b) Establishment.--
       (1) In general.--The President shall establish an office 
     for analysis of global competition.
       (2) Purposes.--The purposes of the Office are as follows:
       (A) To carry out a program of analysis relevant to United 
     States leadership in technology and innovation sectors 
     critical to national security and economic prosperity 
     relative to other countries, particularly those countries 
     that are strategic competitors of the United States.
       (B) To support policy development and decisionmaking across 
     the Federal Government to ensure United States leadership in 
     technology and innovation sectors critical to national 
     security and economic prosperity relative to other countries, 
     particularly those countries that are strategic competitors 
     of the United States.
       (3) Designation.--The office established under paragraph 
     (1) shall be known as the ``Office of Global Competition 
     Analysis''.
       (c) Activities.--In accordance with the priorities 
     determined under subsection (d), the Office shall--
       (1) subject to subsection (f), acquire, access, use, and 
     handle data or other information relating to the purposes of 
     the Office under subsection (b);
       (2) conduct long- and short-term analyses regarding--
       (A) United States policies that enable technological 
     competitiveness relative to those of other countries, 
     particularly with respect to countries that are strategic 
     competitors of the United States;
       (B) United States science and technology ecosystem 
     elements, including technology innovation, development, 
     advanced manufacturing, supply chain resiliency, workforce, 
     and production, relative to those of other countries, 
     particularly with respect to countries that are strategic 
     competitors of the United States;
       (C) United States competitiveness in technology and 
     innovation sectors critical to national security and economic 
     prosperity relative to other countries, including the 
     availability and scalability of United States technology in 
     such sectors abroad, particularly with respect to countries 
     that are strategic competitors of the United States;
       (D) trends and trajectories, including rate of change in 
     technologies, related to technology and innovation sectors 
     critical to national security and economic prosperity;
       (E) threats to United States' national security interests 
     as a result of any foreign country's dependence on 
     technologies of strategic competitors of the United States; 
     and
       (F) threats to United States interests based on 
     dependencies on foreign technologies critical to national 
     security and economic prosperity;
       (3) solicit input on technology and economic trends, data, 
     and metrics from relevant private sector stakeholders and 
     engage with academia to inform the analyses under paragraph 
     (2); and
       (4) to the greatest extent practicable and as may be 
     appropriate, ensure that versions of the analyses under 
     paragraph (2) are unclassified.
       (d) Determination of Priorities.--On a periodic basis, the 
     Director of the Office of Science and Technology Policy, the 
     Assistant to the President for Economic Policy, the Assistant 
     to the President for National Security Affairs, the Secretary 
     of Commerce, the Director of National Intelligence, the 
     Secretary of Defense, the Secretary of Energy, the Secretary 
     of State, and the Secretary of Homeland Security shall, in 
     coordination with such heads of Executive agencies as such 
     Directors, Assistants, and Secretaries jointly consider 
     appropriate, jointly determine the priorities of the Office 
     with respect to subsection (b)(2)(A), considering, as may be 
     appropriate, the strategies and reports under subtitle B of 
     title VI of the Research and Development, Competition, and 
     Innovation Act (Public Law 117-167).
       (e) Administration.--To carry out the purposes set forth 
     under subsection (b)(2), the Office shall enter into an 
     agreement with a Federally funded research and development 
     center, a university affiliated research center, or a 
     consortium of federally funded research and development 
     centers and university-affiliated research centers.
       (f) Acquisition, Access, Use, and Handling of Data or 
     Information.--In carrying out the activities under subsection 
     (c), the Office--
       (1) shall acquire, access, use, and handle data or 
     information in a manner consistent with applicable provisions 
     of law and policy and subject to any restrictions required by 
     the source of the information;
       (2) shall have access to all information, data, or reports 
     of any Executive agency that the Office determines necessary 
     to carry out this section upon written request, consistent 
     with due regard for the protection from unauthorized 
     disclosure of classified information relating to sensitive 
     intelligence sources and methods or other exceptionally 
     sensitive matters; and
       (3) may obtain commercially available information that may 
     not be publicly available.
       (g) Additional Support.--A head of an Executive agency may 
     provide to the Office such support, in the form of financial 
     assistance and personnel, as the head considers appropriate 
     to assist the Office in carrying out any activity under 
     subsection (c), consistent with the priorities determined 
     under subsection (d).
       (h) Annual Report.--Not less frequently than once each 
     year, the Office shall submit to Congress a report on the 
     activities of the Office under this section, including a 
     description of the priorities under subsection (d) and any 
     support, disaggregated by Executive agency, provided to the 
     Office consistent with subsection (g) in order to advance 
     those priorities.
       (i) Plans .--Before establishing the Office under 
     subsection (b)(1), the President shall submit to the 
     appropriate committees of Congress a report detailing plans 
     for--
       (1) the administrative structure of the Office, including--
       (A) a detailed spending plan that includes administrative 
     costs; and
       (B) a disaggregation of costs associated with carrying out 
     subsection (e)(1);
       (2) ensuring consistent and sufficient funding for the 
     Office; and
       (3) coordination between the Office and relevant Executive 
     agencies.
       (j) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000 for 
     fiscal year 2023.

[[Page S5419]]

  


     SEC. 706. REPORT ON TRACKING AND COLLECTING PRECURSOR 
                   CHEMICALS USED IN THE PRODUCTION OF SYNTHETIC 
                   OPIOIDS.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on the Judiciary and the Committee on 
     Appropriations of the Senate; and
       (3) the Committee on the Judiciary and the Committee on 
     Appropriations of the House of Representatives.
       (b) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Central 
     Intelligence Agency shall submit to the appropriate 
     committees of Congress a report on--
       (1) any gaps or challenges related to tracking licit 
     precursor chemicals that are bound for illicit use in the 
     production of synthetic opioids; and
       (2) any gaps in authorities related to the collection of 
     licit precursor chemicals that have been routed toward 
     illicit supply chains.
       (c) Form of Report.--The report submitted under subsection 
     (b) shall be submitted in unclassified form, but may include 
     a classified annex.

     SEC. 707. ASSESSMENT AND REPORT ON MASS MIGRATION IN THE 
                   WESTERN HEMISPHERE.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Foreign Relations, the Committee on 
     the Judiciary, and the Committee on Appropriations of the 
     Senate; and
       (3) the Committee on Foreign Affairs, the Committee on the 
     Judiciary, and the Committee on Appropriations of the House 
     of Representatives.
       (b) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall assess, and submit to the congressional 
     intelligence committees a report on--
       (1) the threats to the interests of the United States 
     created or enhanced by, or associated with, the mass 
     migration of people within the Western Hemisphere, 
     particularly to the southern border of the United States;
       (2) the use of or the threat of using mass migration in the 
     Western Hemisphere by the regime of Nicolas Maduro in 
     Venezuela and the regime of Miguel Diaz-Canel and Raul Castro 
     in Cuba--
       (A) to effectively curate populations so that people who 
     remain in those countries are powerless to meaningfully 
     dissent;
       (B) to extract diplomatic concessions from the United 
     States; and
       (C) to enable the increase of remittances from migrants 
     residing in the United States as a result of the mass 
     migration to help finance the regimes in Venezuela and Cuba; 
     and
       (3) any gaps in resources, collection capabilities, or 
     authorities relating to the ability of the intelligence 
     community to timely identify the threats described in 
     paragraphs (1) and (2), and recommendations for addressing 
     those gaps.
       (c) Form of Report.--The report submitted under subsection 
     (b) shall be submitted in unclassified form, but may include 
     a classified annex.

     SEC. 708. NOTIFICATIONS REGARDING TRANSFERS OF DETAINEES AT 
                   UNITED STATES NAVAL STATION, GUANTANAMO BAY, 
                   CUBA.

       (a) Definitions.--In this section:
       (1) Appropriate members of congress.--The term 
     ``appropriate Members of Congress'' means--
       (A) the majority leader and the minority leader of the 
     Senate;
       (B) the Chairman and Ranking Member of the Committee on 
     Armed Services of the Senate;
       (C) the Chairman and Vice Chairman of the Select Committee 
     on Intelligence of the Senate;
       (D) the Chairman and Vice Chairman of the Committee on 
     Appropriations of the Senate;
       (E) the Chairman and Ranking Member of the Committee on 
     Foreign Relations of the Senate;
       (F) the Speaker of the House of Representatives;
       (G) the minority leader of the House of Representatives;
       (H) the Chairman and Ranking Member of the Committee on 
     Armed Services of the House of Representatives;
       (I) the Chairman and Ranking Member of the Permanent Select 
     Committee on Intelligence of the House of Representatives;
       (J) the Chair and Ranking Member of the Committee on 
     Appropriations of the House of Representatives; and
       (K) the Chairman and Ranking Member of the Committee on 
     Foreign Affairs of the House of Representatives.
       (2) Executive order 13567.--The term ``Executive Order 
     13567'' means Executive Order 13567 (10 U.S.C. 801 note; 
     relating to periodic review of individuals detained at 
     Guantanamo Bay Naval Station pursuant to the Authorization 
     for Use of Military Force).
       (3) Individual detained at guantanamo.--The term 
     ``individual detained at Guantanamo'' has the meaning given 
     that term in section 1034(f)(2) of the National Defense 
     Authorization Act for Fiscal Year 2016 (Public Law 114-92; 
     129 Stat. 971; 10 U.S.C. 801 note).
       (4) Periodic review board.--The term ``Periodic Review 
     Board'' has the meaning given that term in section 9 of 
     Executive Order 13567 or successor order.
       (5) Review committee.--The term ``Review Committee'' has 
     the meaning given that term in section 9 of Executive Order 
     13567 or successor order.
       (b) Notifications Required.--
       (1) Eligibility for transfer.--Not later than 3 days after 
     a Periodic Review Board or Review Committee makes a final 
     determination that the continued law of war detention of an 
     individual detained at Guantanamo is not warranted, and 
     consistent with Executive Order 13567 or successor order, the 
     Secretary of Defense shall submit to the appropriate Members 
     of Congress a notification of that determination.
       (2) Transfer.--
       (A) In general.--In any circumstance in which a 
     certification referred to in paragraph (1) of section 1034(a) 
     of the National Defense Authorization Act for Fiscal Year 
     2016 (Public Law 114-92; 129 Stat. 969; 10 U.S.C. 801 note) 
     concerning the transfer of an individual detained at 
     Guantanamo is not required pursuant to paragraph (2) of that 
     section, not less than 30 days prior to the transfer of the 
     individual, the Secretary of Defense, with the concurrence of 
     the Secretary of State, shall submit to the appropriate 
     Members of Congress a notification of the transfer.
       (B) Matters to be included.--Each notification submitted 
     under subparagraph (A) shall include the following:
       (i) The name and country of origin of the individual to be 
     transferred.
       (ii) The country to which the individual will be 
     transferred and the rationale for transferring the individual 
     to that particular country.
       (iii) An estimated date of transfer and the basis therefor.

     SEC. 709. REPORT ON INTERNATIONAL NORMS, RULES, AND 
                   PRINCIPLES APPLICABLE IN SPACE.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence and the Secretary of State, in coordination with 
     the Secretary of Defense, the Secretary of Commerce, the 
     Administrator of the National Aeronautics and Space 
     Administration, and the heads of any other agencies as the 
     Director considers necessary, shall jointly submit to 
     Congress a report on international norms, rules, and 
     principles applicable in space.
       (b) Elements.--The report submitted under subsection (a) 
     shall--
       (1) identify threats to the interests of the United States 
     in space that may be mitigated by international norms, rules, 
     and principles, including such norms, rules, and principles 
     relating to developments in dual-use technology; and
       (2) identify opportunities for the United States to 
     influence international norms, rules, and principles 
     applicable in space, including through bilateral and 
     multilateral engagement.
       (c) Form.--The report submitted under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 710. ASSESSMENTS OF THE EFFECTS OF SANCTIONS IMPOSED 
                   WITH RESPECT TO THE RUSSIAN FEDERATION'S 
                   INVASION OF UKRAINE.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Foreign Relations, the Committee on 
     Banking, Housing, and Urban Affairs, and the Committee on 
     Appropriations of the Senate; and
       (3) the Committee on Foreign Affairs, the Committee on 
     Financial Services, and the Committee on Appropriations of 
     the House of Representatives.
       (b) In General.--Not later than 60 days after the date of 
     the enactment of this Act, and every 180 days thereafter for 
     3 years, the Director of National Intelligence shall submit 
     to the appropriate committees of Congress an assessment of 
     the cumulative and material effects of the sanctions imposed 
     by the United States, European countries, and the 
     international community with respect to the Russian 
     Federation in response to the February 24, 2022, invasion of 
     Ukraine and subsequent actions by the Russian Federation.
       (c) Elements.--Each assessment submitted under subsection 
     (b) shall include the following:
       (1) A description of efforts by the Russian Federation to 
     evade or circumvent sanctions imposed by the United States, 
     European countries, or the international community through 
     direct or indirect engagement or direct or indirect 
     assistance from--
       (A) the regimes in Cuba and Nicaragua and the regime of 
     Nicolas Maduro in Venezuela;
       (B) the People's Republic of China;
       (C) the Islamic Republic of Iran; and
       (D) any other country the Director considers appropriate.

[[Page S5420]]

       (2) An assessment of the cumulative effect of the efforts 
     described in paragraph (1), including on the Russian 
     Federation's strategic relationship with the regimes and 
     countries described in such paragraph.
       (3) A description of the material effect of the sanctions 
     described in subsection (b), including the effect of those 
     sanctions on senior leadership, senior military officers, 
     state-sponsored actors, and other state-affiliated actors in 
     the Russian Federation that are either directly or 
     incidentally subject to those sanctions.
       (4) A description of any developments by other countries in 
     creating alternative payment systems as a result of the 
     invasion of Ukraine.
       (5) A description of efforts by the Russian Federation to 
     evade sanctions using digital assets and a description of any 
     related intelligence gaps.
       (6) An assessment of how countries have assessed the risk 
     of holding reserves in United States dollars since the 
     February 24, 2022, invasion of Ukraine.
       (7) An assessment of the impact of any general licenses 
     issued in relation to the sanctions described in subsection 
     (b), including the extent to which authorizations for 
     internet-based communications have enabled continued 
     monetization by Russian influence actors.
       (d) Form of Assessments.--Each assessment submitted under 
     subsection (b) shall be submitted in unclassified form and 
     include a classified annex.

     SEC. 711. ASSESSMENTS AND BRIEFINGS ON IMPLICATIONS OF FOOD 
                   INSECURITY THAT MAY RESULT FROM THE RUSSIAN 
                   FEDERATION'S INVASION OF UKRAINE.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (3) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.
       (b) Assessments.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, and annually thereafter for 2 
     years, the Director of National Intelligence shall conduct a 
     comprehensive assessment of the implications of food 
     insecurity that may result from the Russian Federation's 
     invasion of Ukraine.
       (2) Elements.--Each assessment conducted under paragraph 
     (1) shall address the following:
       (A) The projected timeline for indicators of any food 
     insecurity described in paragraph (1) to manifest.
       (B) The potential for political instability and security 
     crises that may occur as a result of any such food 
     insecurity, disaggregated by region.
       (C) Factors that could minimize the potential effects of 
     any such food insecurity on political instability and 
     security described in subparagraph (B), disaggregated by 
     region.
       (D) Opportunities for the United States to prevent or 
     mitigate any such food insecurity.
       (c) Briefings.--Not later than 30 days after the date on 
     which an assessment conducted under subsection (b)(1) is 
     completed, the Director of National Intelligence shall brief 
     the appropriate committees of Congress on the findings of the 
     assessment.

     SEC. 712. PILOT PROGRAM FOR DIRECTOR OF FEDERAL BUREAU OF 
                   INVESTIGATION TO UNDERTAKE AN EFFORT TO 
                   IDENTIFY INTERNATIONAL MOBILE SUBSCRIBER 
                   IDENTITY-CATCHERS AND DEVELOP COUNTERMEASURES.

       Section 5725 of the Damon Paul Nelson and Matthew Young 
     Pollard Intelligence Authorization Act for Fiscal Years 2018, 
     2019, and 2020 (50 U.S.C. 3024 note; Public Law 116-92) is 
     amended--
       (1) in subsection (a), in the matter before paragraph (1)--
       (A) by striking ``The Director of National Intelligence and 
     the Director of the Federal Bureau of Investigation'' and 
     inserting ``The Director of the Federal Bureau of 
     Investigation'';
       (B) by inserting ``the Director of National Intelligence,'' 
     before ``the Under Secretary''; and
       (C) by striking ``Directors determine'' and inserting 
     ``Director of the Federal Bureau of Investigation 
     determines'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively;
       (3) by inserting after subsection (a) the following:
       ``(b) Pilot Program.--
       ``(1) In general.--The Director of the Federal Bureau of 
     Investigation, in collaboration with the Director of National 
     Intelligence, the Under Secretary of Homeland Security for 
     Intelligence and Analysis, and the heads of such other 
     Federal, State, or local agencies as the Director of the 
     Federal Bureau of Investigation determines appropriate, and 
     in accordance with applicable law and policy, shall conduct a 
     pilot program designed to implement subsection (a) with 
     respect to the National Capital Region.
       ``(2) Commencement; completion.--The Director of the 
     Federal Bureau of Investigation shall--
       ``(A) commence carrying out the pilot program required by 
     paragraph (1) not later than 180 days after the date of the 
     enactment of the Intelligence Authorization Act for Fiscal 
     Year 2023; and
       ``(B) complete the pilot program not later than 2 years 
     after the date on which the Director commences carrying out 
     the pilot program under subparagraph (A).''; and
       (4) in subsection (c), as redesignated by paragraph (2)--
       (A) in the matter before paragraph (1), by striking 
     ``Prior'' and all that follows through ``Investigation'' and 
     inserting ``Not later than 180 days after the date on which 
     the Director of the Federal Bureau of Investigation 
     determines that the pilot program required by subsection 
     (b)(1) is operational, the Director and the Director of 
     National Intelligence'';
       (B) in paragraph (1), by striking ``within the United 
     States''; and
       (C) in paragraph (2), by striking ``by the'' and inserting 
     ``deployed by the Federal Bureau of Investigation and other 
     elements of the''.

     SEC. 713. DEPARTMENT OF STATE BUREAU OF INTELLIGENCE AND 
                   RESEARCH ASSESSMENT OF ANOMALOUS HEALTH 
                   INCIDENTS.

       (a) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (3) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
       (b) Assessment Required.--Not later than 90 days after the 
     date of the enactment of this Act, the Assistant Secretary of 
     State for Intelligence and Research shall submit to the 
     appropriate committees of Congress an assessment of the 
     findings relating to the events that have been collectively 
     labeled as ``anomalous health incidents''.
       (c) Contents.--The assessment submitted under subsection 
     (b) shall include the following:
       (1) Any diplomatic reporting or other relevant information, 
     including sources and reliability of respective sources, on 
     the causation of anomalous health incidents.
       (2) Any diplomatic reporting or other relevant information, 
     including sources and reliability of respective sources, on 
     any person or entity who may be responsible for such 
     incidents.
       (3) Detailed plans, including metrics, timelines, and 
     measurable goals, for the Bureau of Intelligence and Research 
     to understand anomalous health incidents and share findings 
     with other elements of the intelligence community.
                                 ______
                                 
  SA 5951. Mr. SCHATZ submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

                      TITLE __--NATURAL RESOURCES

        Subtitle A--Illegal Fishing and Forced Labor Prevention

     SEC. __01. DEFINITIONS.

       In this subtitle, the following definitions apply:
       (1) Oppressive child labor.--The term ``oppressive child 
     labor'' has the meaning given such term in section 3 of the 
     Fair Labor Standards Act of 1938 (29 U.S.C. 203).
       (2) Forced labor.--The term ``forced labor'' means any 
     labor or service provided for or obtained by any means 
     described in section 1589(a) of title 18, United States Code.
       (3) Human trafficking.--The term ``human trafficking'' has 
     the meaning given the term ``severe forms of trafficking in 
     persons'' in section 103 of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7102).
       (4) Illegal, unreported, or unregulated fishing.--The term 
     ``illegal, unreported, or unregulated fishing'' has the 
     meaning given such term in section 609(e) of the High Seas 
     Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826j(e)).
       (5) Seafood.--The term ``seafood'' means fish meal, and all 
     marine animal and plant life meant for consumption as food 
     other than marine mammals and birds, including fish, 
     shellfish, shellfish products, and processed fish.
       (6) Seafood import monitoring program.--The term ``Seafood 
     Import Monitoring Program'' means the Seafood Traceability 
     Program established under section 300.324 of title 50, Code 
     of Federal Regulations.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce, acting through the Administrator of the National 
     Oceanic and Atmospheric Administration.

     SEC. __01A. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to the Secretary 
     $20,000,000 for each of fiscal

[[Page S5421]]

     years 2023 through 2028 to carry out chapter 1, chapter 2, 
     and the amendments made by those chapters.

     CHAPTER 1--COMBATING HUMAN TRAFFICKING THROUGH SEAFOOD IMPORT 
                               MONITORING

     SEC. __02. DEFINITIONS.

       In this chapter, the following additional definitions 
     apply:
       (1) Competent authority.--The term ``competent authority'' 
     means government and any third party that meets certain 
     governing criteria. Such criteria shall be established by 
     regulation, after outreach to key environmental and labor 
     stakeholders.
       (2) Unique vessel identifier.--The term ``unique vessel 
     identifier'' means a unique number that stays with a vessel 
     for the duration of the vessel's life, regardless of changes 
     in flag, ownership, name, or other changes to the vessel.

     SEC. __02A. EXPANSION OF SEAFOOD IMPORT MONITORING PROGRAM TO 
                   ALL SPECIES.

       The Secretary shall, not later than 2 years after the date 
     of enactment of this Act, expand the Seafood Import 
     Monitoring Program to apply to all seafood and seafood 
     products imported into the United States.

     SEC. __02B. ENHANCEMENT OF SEAFOOD IMPORT MONITORING PROGRAM 
                   AUTOMATED COMMERCIAL ENVIRONMENT MESSAGE SET.

       The Secretary, in coordination with the Commissioner of 
     U.S. Customs and Border Protection, shall, not later than 6 
     months after the date of enactment of this Act, develop a 
     strategy to improve the quality and verifiability of already 
     collected Seafood Import Monitoring Program Message Set data 
     elements in the Automated Commercial Environment system that 
     prioritizes the use of enumerated data types, such as 
     checkboxes, dropdown menus, or radio buttons, and any 
     additional elements the Agency finds necessary, among other 
     options, rather than open text fields, for--
       (1) authorization to fish;
       (2) unique vessel identifier (if available);
       (3) catch document identifier;
       (4) location of wild-capture harvest and landing or 
     aquaculture location;
       (5) type of fishing gear used to harvest the fish;
       (6) name of farm or aquaculture facility, if applicable; 
     and
       (7) location of aquaculture facility, if applicable.

     SEC. __02C. ADDITIONAL DATA REQUIREMENTS FOR SEAFOOD IMPORT 
                   MONITORING PROGRAM DATA COLLECTION.

       (a) In General.--Not later than 1 year after date of 
     enactment of this Act, the Secretary shall revise section 
     300.324 of title 50, Code of Federal Regulations, to--
       (1) require at the time of entry for imported seafood and 
     seafood products--
       (A) location of catch or cultivation, including--
       (i) geographic location at a resolution of not less than 1 
     degree latitude by 1 degree longitude;
       (ii) the country code of the International Organization for 
     Standardization if the catch was within the exclusive 
     economic zone or territorial waters of a country;
       (iii) if appropriate, the regional fisheries management 
     organization or organizations having jurisdiction over the 
     catch, if it occurs within the jurisdiction of any regional 
     fisheries management organization; and
       (iv) the Food and Agriculture Organization major fishing 
     area codes;
       (B) electronic reports of chain-of-custody records that 
     identify, including with unique vessel identifiers when 
     applicable, each custodian of the seafood, including 
     transshippers, processors, storage facilities, and 
     distributors and the physical address of such facilities;
       (C) maritime mobile service identity number of harvesting 
     and transshipment vessels; and
       (D) beneficial owner of each harvesting and transshipment 
     vessel or aquaculture facility, when applicable;
       (2) require all importers submitting seafood import data to 
     require prior notification and submission of seafood import 
     data at least 72 hours and no more than 15 days prior to 
     entry; and
       (3) require verification and certification of harvest 
     information by competent authorities at all major transfer 
     points in the supply chain, including harvest, landing, 
     processing, and transshipment at the time of entry.
       (b) Forced Labor.--The Secretary, working in consultation 
     with the Secretary of Homeland Security, the Secretary of 
     Labor, and the Secretary of State, shall, not later than 1 
     year after the date of enactment of this Act, complete a 
     regulatory process to establish additional key data elements 
     for the Seafood Import Monitoring Program, that collect 
     information about labor conditions in the harvest, 
     transshipment, and processing of imported fish and fish 
     products.
       (c) International Fisheries Trade Permit.--Not later than 1 
     year after the date of enactment of this Act, the Secretary 
     shall--
       (1) publish and maintain on the website of the National 
     Marine Fisheries Service a list of all current International 
     Fisheries Trade Permit holders, including the name of the 
     permit holder and expiration date of the permit;
       (2) begin to revoke, modify, or deny issuance of an 
     International Fisheries Trade Permit with respect to a permit 
     holder or applicant that has violated any requirement of 
     section 300.322, 300.323, 300.324, or 300.325 of title 50, 
     Code of Federal Regulations; and
       (3) require an International Fisheries Trade Permit for 
     importers.

     SEC. __02D. IMPORT AUDITS.

       (a) Audit Procedures.--The Secretary shall, not later than 
     1 year after the date of enactment of this Act, implement 
     procedures to audit information and supporting records of 
     sufficient numbers of imports of seafood and seafood products 
     subject to the Seafood Import Monitoring Program to support 
     statistically robust conclusions that the samples audited are 
     representative of all seafood imports with respect to a given 
     year.
       (b) Annual Revision.--In developing the procedures required 
     in subsection (a), the Secretary shall, not less frequently 
     than once each year, revise such procedures to prioritize for 
     audit those imports originating from countries--
       (1) identified pursuant to sections 609(b) or 610(a) of the 
     High Seas Driftnet Fishing Moratorium Protection Act (16 
     U.S.C. 1826j(b) or 1826k(a)) that have not yet received a 
     subsequent positive certification pursuant to sections 609(d) 
     or 610(c) of such Act, respectively;
       (2) identified by an appropriate regional fishery 
     management organization as being the flag state or landing 
     location of vessels identified by other countries or regional 
     fisheries management organizations as engaging in illegal, 
     unreported, or unregulated fishing;
       (3) identified as having human trafficking, including 
     forced labor, in any part of the seafood supply chain, 
     including on vessels flagged in such country and including 
     feed for cultured production, in the most recent Trafficking 
     in Persons Report issued by the Department of State in 
     accordance with the Trafficking Victims Protection Act of 
     2000 (22 U.S.C. 7101 et seq.);
       (4) identified as producing goods that contain seafood 
     using forced labor or oppressive child labor in the most 
     recent List of Goods Produced by Child Labor or Forced Labor 
     in accordance with the Trafficking Victims Protection Act of 
     2000 (22 U.S.C. 7101 et seq.); and
       (5) identified as at risk for human trafficking, including 
     forced labor, in their seafood catching and processing 
     industries by the report required in section 3563 of the 
     National Defense Authorization Act for Fiscal Year 2020 
     (Public Law 116-92).

     SEC. __02E. AVAILABILITY OF FISHERIES INFORMATION.

       (a) In General.--Section 402(b)(1) of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 
     1881a(b)(1)), as amended by this Act, is further amended--
       (1) by striking ``or'' after the semicolon at the end of 
     subparagraph (G);
       (2) by striking the period at the end of subparagraph (H) 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(I) to Federal agencies responsible for screening of 
     imported seafood and for the purpose of carrying out the 
     duties under or with respect to--
       ``(i) the Seafood Import Monitoring Program;
       ``(ii) the Antarctic Marine Living Resources Program;
       ``(iii) the Tuna Tracking and Verification Program;
       ``(iv) the Atlantic Highly Migratory Species International 
     Trade Program;
       ``(v) the List of Goods Produced by Child Labor or Forced 
     Labor in accordance with the Trafficking Victims Protection 
     Act of 2000 (22 U.S.C. 7101 et seq.);
       ``(vi) the Trafficking in Persons Report required by 
     section 110 of the Trafficking Victims Protection Act of 2000 
     (22 U.S.C. 7107);
       ``(vii) enforcement activities and regulations authorized 
     under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307); 
     and
       ``(viii) the taking and related acts in commercial fishing 
     operations under section 216.24 of title 50, Code of Federal 
     Regulations;
       ``(J) to Federal, State and local agencies for the purposes 
     of verification and enforcement of title II of this Act; or
       ``(K) information that pertains to catch documentation and 
     legality of catch, if disclosure of that information would 
     not materially damage the value of catch or business.''.
       (b) Implementation Deadline.--Not later than 1 year after 
     the date of enactment of this Act, the Secretary shall issue 
     regulations implementing the amendments in this section.

     SEC. __02F. REPORT ON SEAFOOD IMPORT MONITORING.

       (a) Report to Congress and Public Availability of 
     Reports.--The Secretary shall, not later than 120 days after 
     the end of each fiscal year, submit to the Committee on 
     Natural Resources of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report that summarizes the National Marine Fisheries 
     Service's efforts to prevent the importation of seafood 
     harvested through illegal, unreported, or unregulated 
     fishing, particularly with respect to seafood harvested, 
     produced, processed, or manufactured by forced labor. Each 
     such report shall be made publicly available on the public 
     website of the National Oceanic and Atmospheric 
     Administration.
       (b) Contents.--Each report submitted under subsection (a) 
     shall include--
       (1) the volume and value of seafood species subject to the 
     Seafood Import Monitoring

[[Page S5422]]

     Program, described in section 300.324 of title 50, Code of 
     Federal Regulations, reported by 10-digit Harmonized Tariff 
     Schedule of the United States codes, imported during the 
     previous fiscal year;
       (2) the enforcement activities and priorities of the 
     National Marine Fisheries Service with respect to 
     implementing the requirements under the Seafood Import 
     Monitoring Program;
       (3) the percentage of import shipments subject to this 
     program selected for inspection or the information or records 
     supporting entry selected for audit, as described in section 
     300.324(d) of title 50, Code of Federal Regulations;
       (4) the number and types of instances of noncompliance with 
     the requirements of the Seafood Import Monitoring Program;
       (5) the number and types of instances of violations of 
     State or Federal law discovered through the Seafood Import 
     Monitoring Program;
       (6) the seafood species with respect to which violations 
     described in paragraphs (4) and (5) were most prevalent;
       (7) the location of catch or harvest with respect to which 
     violations described in paragraphs (4) and (5) were most 
     prevalent; and
       (8) such other information as the Secretary considers 
     appropriate with respect to monitoring and enforcing 
     compliance with the Seafood Import Monitoring Program.

     SEC. __02G. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to the Commissioner 
     of U.S. Customs and Border Protection to carry out 
     enforcement actions pursuant to section 307 of the Tariff Act 
     $20,000,000 for each of fiscal years 2023 through 2027.

 CHAPTER 2--STRENGTHENING INTERNATIONAL FISHERIES MANAGEMENT TO COMBAT 
                           HUMAN TRAFFICKING

     SEC. __03. IDENTIFICATION AND CERTIFICATION CRITERIA.

       (a) Denial of Port Privileges.--Section 609 of the High 
     Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826j), as amended by this Act, is further amended--
       (1) by striking subsections (a) and (b); and
       (2) by inserting before subsection (c) the following:
       ``(a) Cooperation With Governments.--
       ``(1) Information collection.--The Secretary, in 
     consultation with the Secretary of State, shall engage with 
     each flag, coastal, port, and market nation that exports 
     seafood to the United States to collect information 
     sufficient to evaluate the effectiveness of such nation's 
     management of fisheries and control systems to prevent 
     illegal, unreported, or unregulated fishing.
       ``(2) Recommendations.--The Secretary, in consultation with 
     the Secretary of State, shall provide recommendations to such 
     nations to resolve compliance gaps and improve fisheries 
     management and control systems in order to assist such 
     nations in preventing illegal, unreported, or unregulated 
     fishing.
       ``(b) Identification and Warning.--
       ``(1) For actions of a fishing vessel.--The Secretary shall 
     identify and list in the report required by section 607 a 
     nation if a fishing vessel of such nation is engaged or has, 
     in the preceding 3 years, engaged in illegal, unreported, or 
     unregulated fishing. The Secretary shall include all nations 
     that qualify for identification, regardless of whether the 
     Secretary has engaged in the process described in this 
     subsection or under subsection (a). Any of the following 
     relevant information is sufficient to form the basis of an 
     identification:
       ``(A) Compliance reports.
       ``(B) Data or information from international fishery 
     management organizations, a foreign government, or an 
     organization or stakeholder group.
       ``(C) Information submitted by the public.
       ``(D) Information submitted to the Secretary under section 
     402(a) of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1881a(a)).
       ``(E) Import data collected by the Secretary pursuant to 
     part 300.324 of title 50, Code of Federal Regulations.
       ``(F) Information compiled from a Federal agency, 
     including, the Coast Guard and agencies within the 
     Interagency Working Group on Illegal, Unreported, and 
     Unregulated Fishing.
       ``(2) For actions of a nation.--The Secretary shall 
     identify, and list in such report, a nation engaging in or 
     endorsing illegal, unreported, or unregulated fishing, 
     including the following:
       ``(A) Any nation that is failing, or has failed in the 
     preceding 3-year period, to cooperate with the United States 
     Government in providing information about such nation's 
     fisheries management and control systems described in 
     subsection (a).
       ``(B) Any nation that is violating, or has violated at any 
     point during the preceding 3 years, conservation and 
     management measures, including catch and other data reporting 
     obligations and requirements, required under an international 
     fishery management agreement.
       ``(C) Any nation that is failing, or has failed in the 
     preceding 3-year period, to effectively address or regulate 
     illegal, unreported, or unregulated fishing within its fleets 
     in any areas where its vessels are fishing.
       ``(D) Any nation that fails to discharge duties incumbent 
     upon it under international law or practice as a flag, port, 
     or coastal state to take action to prevent, deter, and 
     eliminate illegal, unreported, or unregulated fishing.
       ``(E) Any nation that provides subsidies that--
       ``(i) contribute to illegal, unreported, or unregulated 
     fishing or increased capacity and overfishing at 
     proportionally higher rates than subsidies that promote 
     fishery resource conservation and management; or
       ``(ii) that otherwise undermine the effectiveness of any 
     international fishery conservation program.
       ``(F) Any nation that has been identified as having human 
     trafficking, including forced labor, in any part of the 
     seafood supply chain in the most recent Trafficking in 
     Persons Report issued by the Department of State in 
     accordance with the Trafficking Victims Protection Act of 
     2000 (22 U.S.C. 7101 et seq.).
       ``(G) Any nation that has been identified as producing 
     seafood-related goods through forced labor or oppressive 
     child labor in the most recent List of Goods Produced by 
     Child Labor or Forced Labor in accordance with the 
     Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et 
     seq.).
       ``(H) Any nation that has been identified as at risk for 
     human trafficking, including forced labor, in their seafood 
     catching and processing industries in the report required in 
     section 3563 of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92).
       ``(3) Warning.--The Secretary shall issue a warning to each 
     nation identified under this subsection.
       ``(4) Timing.--The Secretary shall make an identification 
     under paragraph (1) or (2) at any time that the Secretary has 
     sufficient information to make such identification.''.
       (b) Illegal, Unreported, or Unregulated Certification 
     Determination.--Section 609(d) of the High Seas Driftnet 
     Fishing Moratorium Protection Act (16 U.S.C. 1826j(d)), as 
     amended by this Act, is further amended to read as follows:
       ``(d) IUU Certification Procedure.--
       ``(1) Certification determination.--
       ``(A) In general.--The Secretary shall establish a 
     procedure for certifying whether a nation identified under 
     subsection (b) has taken appropriate corrective action with 
     respect to the offending activities identified under section 
     (b) that has led to measurable improvements in the reduction 
     of illegal, unreported, or unregulated fishing and any 
     underlying regulatory, policy, or practice failings or gaps 
     that may have contributed to such identification.
       ``(B) Opportunity for comment.--The Secretary shall ensure 
     that the procedure established under subparagraph (A) 
     provides for notice and an opportunity for comment by the 
     identified nation.
       ``(C) Determination.--The Secretary shall, consistent with 
     such procedure, determine and certify to the Congress not 
     later than 90 days after the date on which the Secretary 
     issues a final rule containing the procedure, and biennially 
     thereafter--
       ``(i) whether the government of each nation identified 
     under subsection (b) has provided documentary evidence that 
     such nation has taken corrective action with respect to such 
     identification; or
       ``(ii) whether the relevant international fishery 
     management organization has taken corrective action that has 
     ended the illegal, unreported, or unregulated fishing 
     activity by vessels of that nation.
       ``(2) Alternative procedure.--The Secretary may establish a 
     procedure to authorize, on a shipment-by-shipment, shipper-
     by-shipper, or other basis the importation of fish or fish 
     products from a fishery within a nation issued a negative 
     certification under paragraph (1) if the Secretary--
       ``(A) determines the fishery has not engaged in illegal, 
     unreported, or unregulated fishing under an international 
     fishery management agreement to which the United States is a 
     party;
       ``(B) determines the fishery is not identified by an 
     international fishery management organization as 
     participating in illegal, unreported, or unregulated fishing 
     activities; and
       ``(C) ensures that any such seafood or seafood products 
     authorized for entry under this section are imported 
     consistent with the reporting and the recordkeeping 
     requirements of Seafood Import Monitoring Program described 
     in part 300.324(b) of title 50, Code of Federal Regulations 
     (or any successor regulation).
       ``(3) Effect of certification determination.--
       ``(A) Effect of negative certification.--The provisions of 
     subsections (a) and (b)(3) and (4) of section 101 of the High 
     Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a) 
     and (b)(3) and (4)) shall apply to any nation that, after 
     being identified and warned under subsection (b) has failed 
     to take the appropriate corrective actions for which the 
     Secretary has issued a negative certification under this 
     subsection.
       ``(B) Effect of positive certification.--The provisions of 
     subsections (a) and (b)(3) and (4) of section 101 of the High 
     Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a) 
     and (b)(3) and (4)) shall not apply to any nation identified 
     under subsection (a) for which the Secretary has issued a 
     positive certification under this subsection.''.

     SEC. __03A. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING 
                   DEFINED.

       (a) Definition of Illegal, Unreported, or Unregulated 
     Fishing in the High Seas Driftnet Fishing Moratorium 
     Protection Act.--Section 609(e) of the High Seas

[[Page S5423]]

     Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826j(e)), as amended by this Act, is further amended to read 
     as follows:
       ``(e) Illegal, Unreported, or Unregulated Fishing 
     Defined.--In this title, the term `illegal, unreported, or 
     unregulated fishing' means any activity set out in paragraph 
     3 of the 2001 Food and Agriculture Organization International 
     Plan of Action to Prevent, Deter and Eliminate Illegal, 
     Unreported, and Unregulated Fishing.''.
       (b) Definition of Illegal, Unreported, or Unregulated 
     Fishing in the Magnuson-Stevens Fishery Conservation and 
     Management Act.--Section 3 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1802) is amended 
     by adding at the end the following:
       ``(51) The term `illegal, unreported, or unregulated 
     fishing' means any activity set out in paragraph 3 of the 
     2001 Food and Agriculture Organization International Plan of 
     Action to Prevent, Deter and Eliminate Illegal, Unreported, 
     and Unregulated Fishing.''.
       (c) Rule of Construction.--In construing the term 
     ``illegal, unreported, or unregulated fishing'' for purposes 
     of the High Seas Driftnet Fishing Moratorium Protection Act 
     and the Magnuson-Stevens Fishery Conservation and Management 
     Act, the Secretary shall follow internationally recognized 
     labor rights stated in the International Labour Organization 
     Declaration on Fundamental Principles and Rights at Work and 
     its Follow-Up (1998), including--
       (1) freedom of association and the effective recognition of 
     the right to collective bargaining;
       (2) the elimination of all forms of forced or compulsory 
     labor;
       (3) the effective abolition of oppressive child labor, a 
     prohibition on the worst forms of child labor, and other 
     labor protections for children and minors;
       (4) the elimination of discrimination in respect of 
     employment and occupation; and
       (5) acceptable conditions of work with respect to minimum 
     wages, hours of work, and occupational safety and health.

     SEC. __03B. EQUIVALENT CONSERVATION MEASURES.

       (a) Identification.--Section 610(a) of the High Seas 
     Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826k(a)), as amended by this Act, is further amended to read 
     as follows:
       ``(a) Identification.--
       ``(1) In general.--The Secretary shall identify and list in 
     the report under section 607--
       ``(A) a nation if--
       ``(i) any fishing vessel of that country is engaged, or has 
     been engaged during the preceding 3 years in fishing 
     activities or practices on the high seas or within the 
     exclusive economic zone of any country, that have resulted in 
     bycatch of a protected living marine resource; and
       ``(ii) the vessel's flag state has not adopted, 
     implemented, and enforced a regulatory program governing such 
     fishing designed to end or reduce such bycatch that is 
     comparable to the regulatory program of the United States; 
     and
       ``(B) a nation if--
       ``(i) any fishing vessel of that country is engaged, or has 
     engaged during the preceding 3 years, in fishing activities 
     on the high sees or within the exclusive economic zone of 
     another country that target or incidentally catch sharks; and
       ``(ii) the vessel's flag state has not adopted, 
     implemented, and enforced a regulatory program to provide for 
     the conservation of sharks, including measures to prohibit 
     removal of any of the fins of a shark, including the tail, 
     before landing the shark in port that is comparable to that 
     of the United States.
       ``(2) Timing.--The Secretary shall make an identification 
     under paragraph (1) at any time that the Secretary has 
     sufficient information to make such identification.''.
       (b) Consultation and Negotiation.--Section 610(b) of the 
     High Seas Driftnet Fishing Moratorium Protection Act (16 
     U.S.C. 1826k(b)), as amended by this Act, is further amended 
     to read as follows:
       ``(b) Consultation and Negotiation.--The Secretary of 
     State, acting in conjunction with the Secretary, shall--
       ``(1) notify, as soon as possible, the President, nations 
     that have been identified under subsection (a), and other 
     nations whose vessels engage in fishing activities or 
     practices described in subsection (a), about the provisions 
     of this Act;
       ``(2) initiate discussions as soon as possible with all 
     foreign countries which are engaged in, or a fishing vessel 
     of which has engaged in, fishing activities described in 
     subsection (a), for the purpose of entering into bilateral 
     and multilateral treaties with such countries to protect such 
     species and to address any underlying failings or gaps that 
     may have contributed to identification under this Act;
       ``(3) seek agreements calling for international 
     restrictions on fishing activities or practices described in 
     subsection (a) through the United Nations, the Food and 
     Agriculture Organization's Committee on Fisheries, and 
     appropriate international fishery management bodies; and
       ``(4) initiate the amendment of any existing international 
     treaty for the protection and conservation of such species to 
     which the United States is a party in order to make such 
     treaty consistent with the purposes and policies of this 
     section.''.
       (c) Conservation Certification Procedure.--Section 610(c) 
     of the High Seas Driftnet Fishing Moratorium Protection Act 
     (16 U.S.C. 1826k(c)), as amended by this Act, is further 
     amended--
       (1) in subparagraph (A) of paragraph (1), by striking ``, 
     taking into account different conditions,'';
       (2) in paragraph (2), by inserting ``the public and'' after 
     ``comment by'';
       (3) in paragraph (4)--
       (A) in subparagraph (A), by striking ``, taking into 
     account different conditions'';
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) ensures that any such fish or fish products 
     authorized for entry under this section are imported 
     consistent with the reporting and the recordkeeping 
     requirements of the Seafood Import Monitoring Program 
     established by part 300.324(b) of title 50, Code of Federal 
     Regulations (or any successor regulations).''; and
       (4) in paragraph (5), by striking ``(except to the extent 
     that such provisions apply to sport fishing equipment or fish 
     or fish products not caught by the vessels engaged in 
     illegal, unreported, or unregulated fishing)''.
       (d) Definition of Protected Living Marine Resource.--
     Section 610(e) of the High Seas Driftnet Fishing Moratorium 
     Protection Act (16 U.S.C. 1826k(e)), as amended by this Act, 
     is further amended by striking paragraph (1) and inserting 
     the following:
       ``(1) except as provided in paragraph (2), means nontarget 
     fish, sea turtles, seabirds, or marine mammals that are 
     protected under United States law or international agreement, 
     including--
       ``(A) the Marine Mammal Protection Act of 1972 (16 U.S.C. 
     1361 et seq.);
       ``(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       ``(C) the Shark Finning Prohibition Act (16 U.S.C. 1822 
     note), including amendments made by that Act; and
       ``(D) the Convention on International Trade in Endangered 
     Species of Wild Fauna and Flora, done at Washington March 3, 
     1973 (27 UST 1087, TIAS 8249); but''.

     SEC. __03C. REGULATIONS.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary shall promulgate regulations implementing 
     this chapter.

                     CHAPTER 3--MARITIME AWARENESS

     SEC. __04. AUTOMATIC IDENTIFICATION SYSTEM REQUIREMENTS.

       (a) Requirement for Fishing Vessels To Have Automatic 
     Identification Systems.--Section 70114(a)(1) of title 46, 
     United States Code, is amended--
       (1) by striking ``, while operating on the navigable waters 
     of the United States,''
       (2) by redesignating subparagraphs (A) through (D) as 
     clauses (i) through (iv);
       (3) by inserting before clauses (i) through (iv), as 
     redesignated by paragraph (2), the following:
       ``(A) While operating on the navigable waters of the United 
     States:''; and
       (4) by adding at the end the following:
       ``(B) A vessel of the United States that is more than 65 
     feet overall in length, while engaged in fishing, fish 
     processing, or fish tendering operations on the navigable 
     waters of the United States or in the United States exclusive 
     economic zone.''.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Commerce for fiscal 
     year 2023, $5,000,000, to remain available until expended, to 
     purchase automatic identification systems for fishing 
     vessels, fish processing vessels, fish tender vessels more 
     than 50 feet in length, as described under this subtitle and 
     the amendments made by this subtitle.

        Subtitle B--Driftnet Modernization and Bycatch Reduction

     SEC. __12. DEFINITION.

       Section 3(25) of the Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1802(25)) is amended by 
     inserting ``, or with a mesh size of 14 inches or greater,'' 
     after ``more''.

     SEC. __12A. FINDINGS AND POLICY.

       (a) Findings.--Section 206(b) of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1826(b)) 
     is amended--
       (1) in paragraph (6), by striking ``and'' at the end;
       (2) in paragraph (7), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(8) within the exclusive economic zone, large-scale 
     driftnet fishing that deploys nets with large mesh sizes 
     causes significant entanglement and mortality of living 
     marine resources, including myriad protected species, despite 
     limitations on the lengths of such nets.''.
       (b) Policy.--Section 206(c) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1826(c)) is 
     amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(4) prioritize the phase-out of large-scale driftnet 
     fishing in the exclusive economic zone and promote the 
     development and adoption of alternative fishing methods and 
     gear types that minimize the incidental catch of living 
     marine resources.''.

     SEC. __12B. TRANSITION PROGRAM.

       Section 206 of the Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1826) is amended by adding at 
     the end the following:
       ``(i) Fishing Gear Transition Program.--
       ``(1) In general.--During the 5-year period beginning on 
     the date of enactment of this

[[Page S5424]]

     subsection, the Secretary shall conduct a transition program 
     to facilitate the phase-out of large-scale driftnet fishing 
     and adoption of alternative fishing practices that minimize 
     the incidental catch of living marine resources, and shall 
     award grants to eligible permit holders who participate in 
     the program.
       ``(2) Permissible uses.--Any permit holder receiving a 
     grant under paragraph (1) may use such funds only for the 
     purpose of covering--
       ``(A) any fee originally associated with a permit 
     authorizing participation in a large-scale driftnet fishery, 
     if such permit is surrendered for permanent revocation, and 
     such permit holder relinquishes any claim associated with the 
     permit;
       ``(B) a forfeiture of fishing gear associated with a permit 
     described in subparagraph (A); or
       ``(C) the purchase of alternative gear with minimal 
     incidental catch of living marine resources, if the fishery 
     participant is authorized to continue fishing using such 
     alternative gears.
       ``(3) Certification.--The Secretary shall certify that, 
     with respect to each participant in the program under this 
     subsection, any permit authorizing participation in a large-
     scale driftnet fishery has been permanently revoked and that 
     no new permits will be issued to authorize such fishing.''.

     SEC. __12C. EXCEPTION.

       Section 307(1)(M) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1857(1)(M)) is 
     amended by inserting before the semicolon the following: ``, 
     unless such large-scale driftnet fishing--
       ``(i) deploys, within the exclusive economic zone, a net 
     with a total length of less than 2\1/2\ kilometers and a mesh 
     size of 14 inches or greater; and
       ``(ii) is conducted not later than 5 years after the date 
     of enactment of this clause.''.

     SEC. __12D. FEES.

       (a) In General.--The North Pacific Fishery Management 
     Council may recommend, and the Secretary of Commerce may 
     approve, regulations necessary for the collection of fees 
     from charter vessel operators who guide recreational anglers 
     who harvest Pacific halibut in International Pacific Halibut 
     Commission regulatory areas 2C and 3A as those terms are 
     defined in part 300 of title 50, Code of Federal Regulations 
     (or any successor regulations).
       (b) Use of Fees.--Any fees collected under this section 
     shall be available for the purposes of--
       (1) financing administrative costs of the Recreational 
     Quota Entity program;
       (2) the purchase of halibut quota shares in International 
     Pacific Halibut Commission regulatory areas 2C and 3A by the 
     recreational quota entity authorized in part 679 of title 50, 
     Code of Federal Regulations (or any successor regulations);
       (3) halibut conservation and research; and
       (4) promotion of the halibut resource by the recreational 
     quota entity authorized in part 679 of title 50, Code of 
     Federal Regulations (or any successor regulations).
       (c) Limitation on Collection and Availability.--Fees shall 
     be collected and available pursuant to this section only to 
     the extent and in such amounts as provided in advance in 
     appropriations Acts, subject to subsection (d).
       (d) Fee Collected During Start-up Period.--Notwithstanding 
     subsection (c), fees may be collected through the date of 
     enactment of an Act making appropriations for the activities 
     authorized under this title through September 30, 2023, and 
     shall be available for obligation and remain available until 
     expended.

            Subtitle C--Marine Mammal Research and Response

     SEC. __13. DATA COLLECTION AND DISSEMINATION.

       Section 402 of the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1421a) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)(A), by inserting ``or entangled'' 
     after ``stranded'';
       (B) in paragraph (3)--
       (i) by striking ``strandings,'' and inserting ``strandings 
     and entanglements, including unusual mortality events,'';
       (ii) by inserting ``stranding'' before ``region''; and
       (iii) by striking ``marine mammals; and'' and inserting 
     ``marine mammals and entangled marine mammals to allow 
     comparison of the causes of illness and deaths in stranded 
     marine mammals and entangled marine mammals with physical, 
     chemical, and biological environmental parameters; and''; and
       (C) in paragraph (4), by striking ``analyses, that would 
     allow comparison of the causes of illness and deaths in 
     stranded marine mammals with physical, chemical, and 
     biological environmental parameters.'' and inserting 
     ``analyses.''; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) Information Required To Be Submitted and Collected.--
       ``(1) In general.--After each response to a stranding or 
     entanglement event, the Secretary shall collect (including 
     from any staff of the National Oceanic and Atmospheric 
     Administration that respond directly to such an event), and 
     shall require each stranding network participant who responds 
     to that stranding or entanglement to submit to the 
     Administrator of the National Oceanic and Atmospheric 
     Administration--
       ``(A) data on the stranding event, including NOAA Form 89-
     864 (OMB #0648-0178), NOAA Form 89-878 (OMB #0648-0178), 
     similar successor forms, or similar information in an 
     appropriate format required by the United States Fish and 
     Wildlife Service for species under its management authority;
       ``(B) supplemental data to the data described in 
     subparagraph (A), which may include, as available, relevant 
     information about--
       ``(i) weather and tide conditions;
       ``(ii) offshore human, predator, or prey activity;
       ``(iii) morphometrics;
       ``(iv) behavior;
       ``(v) health assessments;
       ``(vi) life history samples; or
       ``(vii) stomach and intestinal contents; and
       ``(C) data and results from laboratory analysis of tissues, 
     which may include, as appropriate and available--
       ``(i) histopathology;
       ``(ii) toxicology;
       ``(iii) microbiology;
       ``(iv) virology; or
       ``(v) parasitology.
       ``(2) Timeline.--A stranding network participant shall 
     submit--
       ``(A) the data described in paragraph (1)(A) not later than 
     30 days after the date of a response to a stranding or 
     entanglement event;
       ``(B) the compiled data described in paragraph (1)(B) not 
     later than 30 days after the date on which the data is 
     available to the stranding network participant; and
       ``(C) the compiled data described in paragraph (1)(C) not 
     later than 30 days after the date on which the laboratory 
     analysis has been reported to the stranding network 
     participant.
       ``(d) Availability of Data.--
       ``(1) In general.--The Secretary shall develop a program to 
     make information, including any data and metadata collected 
     under paragraphs (3) or (4) of subsection (b) or subsection 
     (c), available to researchers, stranding network 
     participants, and the public--
       ``(A) to improve real-time coordination of response to 
     stranding and entanglement events across geographic areas and 
     between stranding coordinators;
       ``(B) to identify and quickly disseminate information on 
     potential public health risks;
       ``(C) to facilitate integrated interdisciplinary research;
       ``(D) to facilitate peer-reviewed publications;
       ``(E) to archive regional data into 1 national database for 
     future analyses; and
       ``(F) for education and outreach activities.
       ``(2) Access to data.--The Secretary shall ensure that any 
     data or metadata collected under subsection (c)--
       ``(A) by staff of the National Oceanic and Atmospheric 
     Administration that responded directly to a stranding or 
     entanglement event is available to the public through the 
     Health MAP and the Observation System not later than 30 days 
     after that data or metadata is collected by, available to, or 
     reported to the Secretary; and
       ``(B) by a stranding network participant that responded 
     directly to a stranding or entanglement event is made 
     available to the public through the Health MAP and the 
     Observation System not later than 2 years after the date on 
     which that data is submitted to the Secretary under 
     subsection (c).
       ``(3) Exceptions.--
       ``(A) Written release.--Notwithstanding paragraph (2)(B), 
     the Secretary may make data described in paragraph (2)(B) 
     publicly available earlier than 2 years after the date on 
     which that data is submitted to the Secretary under 
     subsection (c), if the stranding network participant has 
     completed a written release stating that such data may be 
     made publicly available.
       ``(B) Law enforcement.--Notwithstanding paragraph (2), the 
     Secretary may withhold data for a longer period than the 
     period of time described in paragraph (2) in the event of a 
     law enforcement action or legal action that may be related to 
     that data.
       ``(e) Standards.--The Secretary, in consultation with the 
     marine mammal stranding community, shall--
       ``(1) make publicly available guidance about uniform data 
     and metadata standards to ensure that data collected in 
     accordance with this section can be archived in a form that 
     is readily accessible and understandable to the public 
     through the Health MAP and the Observation System; and
       ``(2) periodically update such guidance.
       ``(f) Management Policy.--In collaboration with the 
     regional stranding networks, the Secretary shall develop, and 
     periodically update, a data management and public outreach 
     collaboration policy for stranding or entanglement events.''.

     SEC. __13A. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.

       (a) In General.--Section 403 of the Marine Mammal 
     Protection Act of 1972 (16 U.S.C. 1421b) is amended--
       (1) in the section heading by inserting ``or entanglement'' 
     before ``response'';
       (2) in subsection (a), by striking the period at the end 
     and inserting ``or entanglement.''; and
       (3) in subsection (b)--
       (A) in paragraph (1), by striking ``and'' after the 
     semicolon;
       (B) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(3) include a description of the data management and 
     public outreach policy established under section 402(f).''.

[[Page S5425]]

       (b) Table of Contents Amendment.--The table of contents in 
     the first section of the Marine Mammal Protection Act of 1972 
     (Public Law 92-522; 86 Stat. 1027) is amended by striking the 
     item related to section 403 and inserting the following:

``Sec. 403. Stranding or entanglement response agreements.''.

     SEC. __13B. UNUSUAL MORTALITY EVENT ACTIVITY FUNDING.

       Section 405 the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1421d) is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Uses.--Amounts in the Fund--
       ``(1) shall be available only for use by the Secretary, in 
     consultation with the Secretary of the Interior, and 
     dispersed among claimants based on budgets approved by the 
     Secretary prior to expenditure--
       ``(A) to make advance, partial, or progress payments under 
     contracts or other funding mechanisms for property, supplies, 
     salaries, services, and travel costs incurred in acting in 
     accordance with the contingency plan issued under section 
     404(b) or under the direction of an Onsite Coordinator for an 
     unusual mortality event designated under section 
     404(a)(2)(B)(iii);
       ``(B) for reimbursing any stranding network participant for 
     costs incurred in the collection, preparation, analysis, and 
     transportation of marine mammal tissues and samples collected 
     with respect to an unusual mortality event for the Tissue 
     Bank; and
       ``(C) for the care and maintenance of a marine mammal 
     seized under section 104(c)(2)(D); and
       ``(2) shall remain available until expended.''; and
       (2) in subsection (c)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(4) not more than $250,000 per year, as determined by the 
     Secretary of Commerce, from sums collected as fines, 
     penalties, or forfeitures of property by the Secretary of 
     Commerce for violations of any provision of this Act; and
       ``(5) sums received from emergency declaration grants for 
     marine mammal conservation.''.

     SEC. __13C. LIABILITY.

       Section 406(a) of the Marine Mammal Protection Act of 1972 
     (16 U.S.C. 1421e(a)) is amended, in the matter preceding 
     paragraph (1)--
       (1) by inserting ``or entanglement'' after ``to a 
     stranding''; and
       (2) by striking ``government'' and inserting 
     ``Government''.

     SEC. __13D. NATIONAL MARINE MAMMAL TISSUE BANK AND TISSUE 
                   ANALYSIS.

       Section 407 of the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1421f) is amended--
       (1) in subsection (c)(2)(A), by striking ``the health of 
     marine mammals and'' and inserting ``marine mammal health and 
     mortality and the health of''; and
       (2) in subsection (d), in the matter preceding paragraph 
     (1), by inserting ``public'' before ``access''.

     SEC. __13E. MARINE MAMMAL RESCUE AND RESPONSE GRANT PROGRAM 
                   AND RAPID RESPONSE FUND.

       (a) In General.--Section 408 of the Marine Mammal 
     Protection Act of 1972 (16 U.S.C. 1421f-1) is amended--
       (1) by striking the section heading and inserting ``marine 
     mammal rescue and response grant program and rapid response 
     fund'';
       (2) by striking subsections (a) through (d) and subsections 
     (f) through (h);
       (3) by redesignating subsection (e) as subsection (f); and
       (4) by inserting before subsection (f), as redesignated by 
     paragraph (3), the following:
       ``(a) Definitions.--In this section:
       ``(1) Emergency assistance.--
       ``(A) In general.--The term `emergency assistance' means--
       ``(i) financial assistance provided to respond to, or that 
     results from, a stranding event or entanglement event that--

       ``(I) causes an immediate increase in the cost of a 
     response, recovery, or rehabilitation that is greater than 
     the usual cost of a response, recovery, or rehabilitation;
       ``(II) is cyclical or endemic; or
       ``(III) involves a marine mammal that is out of the normal 
     range for that marine mammal; or

       ``(ii) financial assistance provided to respond to, or that 
     results from, a stranding event or an entanglement event that 
     the appropriate Secretary or State or Tribal government 
     considers to be an emergency.
       ``(B) Exclusions.--The term `emergency assistance' does not 
     include financial assistance to respond to an unusual 
     mortality event.
       ``(2) Secretary.--The term `Secretary' has the meaning 
     given that term in section 3(12)(A).
       ``(3) Stranding region.--The term `stranding region' means 
     a geographic region designated by the applicable Secretary 
     for purposes of administration of this title.
       ``(b) John H. Prescott Marine Mammal Rescue and Response 
     Grant Program.--
       ``(1) In general.--Subject to the availability of 
     appropriations or other funding, the applicable Secretary 
     shall carry out a grant program, to be known as the `John H. 
     Prescott Marine Mammal Rescue and Response Grant Program' 
     (referred to in this section as the `grant program'), to 
     award grants to eligible stranding network participants or 
     stranding network collaborators, as described in this 
     subsection.
       ``(2) Purposes.--The purposes of the grant program are to 
     provide for--
       ``(A) the recovery, care, or treatment of sick, injured, or 
     entangled marine mammals;
       ``(B) responses to marine mammal stranding events that 
     require emergency assistance;
       ``(C) the collection of data and samples from living or 
     dead stranded marine mammals for scientific research or 
     assessments regarding marine mammal health;
       ``(D) facility operating costs that are directly related to 
     activities described in subparagraph (A), (B), or (C); and
       ``(E) development of stranding network capacity, including 
     training for emergency response, where facilities do not 
     exist or are sparse.
       ``(3) Contract, grant, and cooperative agreement 
     authority.--
       ``(A) In general.--The applicable Secretary may enter into 
     a contract, grant, or cooperative agreement with any eligible 
     stranding network participant or stranding network 
     collaborator, as the Secretary determines to be appropriate, 
     for the purposes described in paragraph (2).
       ``(B) Emergency award flexibility.--Following a request for 
     emergency award flexibility and analysis of the merits of and 
     necessity for such a request, the applicable Secretary may--
       ``(i) amend any contract, grant, or cooperative agreement 
     entered into under this paragraph, including provisions 
     concerning the period of performance; or
       ``(ii) waive the requirements under subsection (f) for 
     grant applications submitted during the provision of 
     emergency assistance.
       ``(4) Equitable distribution of funds.--
       ``(A) In general.--The Secretary shall ensure, to the 
     extent practicable, that funds awarded under the grant 
     program are distributed equitably among the stranding 
     regions.
       ``(B) Considerations.--In determining priorities among the 
     stranding regions under this paragraph, the Secretary may 
     consider--
       ``(i) equitable distribution within the stranding regions, 
     including the subregions (including the Gulf of Mexico);
       ``(ii) any episodic stranding, entanglement, or mortality 
     events, except for unusual mortality events, that occurred in 
     any stranding region in the preceding year;
       ``(iii) any data with respect to average annual stranding, 
     entanglements, and mortality events per stranding region;
       ``(iv) the size of the marine mammal populations inhabiting 
     a stranding region;
       ``(v) the importance of the region's marine mammal 
     populations to the well-being of indigenous communities; and
       ``(vi) the conservation of protected, depleted, threatened, 
     or endangered marine mammal species.
       ``(C) Strandings.--For the purposes of the grant program, 
     priority is to be given to applications focusing on marine 
     mammal strandings.
       ``(5) Application.--To be eligible for a grant under the 
     grant program, a stranding network participant shall--
       ``(A) submit an application in such form and manner as the 
     applicable Secretary prescribes; and
       ``(B) be in compliance with the data reporting requirements 
     under section 402(d) and any applicable reporting 
     requirements of the United States Fish and Wildlife Service 
     for species under its management jurisdiction.
       ``(6) Grant criteria.--The Secretary shall, in consultation 
     with the Marine Mammal Commission, a representative from each 
     of the stranding regions, and other individuals who represent 
     public and private organizations that are actively involved 
     in rescue, rehabilitation, release, scientific research, 
     marine conservation, and forensic science with respect to 
     stranded marine mammals under that Department's jurisdiction, 
     develop criteria for awarding grants under their respective 
     grant programs.
       ``(7) Limitations.--
       ``(A) Maximum grant amount.--No grant made under the grant 
     program for a single award may exceed $150,000 in any 12-
     month period.
       ``(B) Unexpended funds.--Any funds that have been awarded 
     under the grant program but that are unexpended at the end of 
     the 12-month period described in subparagraph (A) shall 
     remain available until expended.
       ``(8) Administrative costs and expenses.--The Secretary's 
     administrative costs and expenses related to reviewing and 
     awarding grants under the grant program, in any fiscal year 
     may not exceed the greater of--
       ``(A) 6 percent of the amounts made available each fiscal 
     year to carry out the grant program; or
       ``(B) $80,000.
       ``(9) Transparency.--The Secretary shall make publicly 
     available a list of grant proposals for the upcoming fiscal 
     year, funded grants, and requests for grant flexibility under 
     this subsection.
       ``(c) Joseph R. Geraci Marine Mammal Rescue and Rapid 
     Response Fund.--
       ``(1) In general.--There is established in the Treasury of 
     the United States an interest-bearing fund, to be known as 
     the `Joseph R. Geraci Marine Mammal Rescue and Rapid Response 
     Fund' (referred to in this section as the `Rapid Response 
     Fund').

[[Page S5426]]

       ``(2) Use of funds.--Amounts in the Rapid Response Fund 
     shall be available only for use by the Secretary to provide 
     emergency assistance.
       ``(d) Authorization of Appropriations.--
       ``(1) In general.--
       ``(A) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out the grant program $7,000,000 
     for each of fiscal years 2021 through 2026, to remain 
     available until expended, of which for each fiscal year--
       ``(i) $6,000,000 is authorized to be appropriated to the 
     Secretary of Commerce; and
       ``(ii) $1,000,000 is authorized to be appropriated to the 
     Secretary of the Interior.
       ``(B) Derivation of funds.--Funds to carry out the 
     activities under this section shall be derived from amounts 
     authorized to be appropriated pursuant to subparagraph (A) 
     that are enacted after the date of enactment of this 
     subsection.
       ``(2) Joseph r. geraci marine mammal rescue and rapid 
     response fund.--There is authorized to be appropriated to the 
     Rapid Response Fund $500,000 for each of fiscal years 2022 
     through 2026.
       ``(e) Acceptance of Donations.--For the purposes of 
     carrying out this section, the Secretary may solicit, accept, 
     receive, hold, administer, and use gifts, devises, and 
     bequests without any further approval or administrative 
     action.''.
       (b) Table of Contents Amendment.--The table of contents in 
     the first section of the Marine Mammal Protection Act of 1972 
     (Public Law 92-522) is further amended by striking the item 
     related to section 408 and inserting the following:

``Sec. 408. Marine Mammal Rescue and Response Grant Program and Rapid 
              Response Fund.''.

     SEC. __13F. HEALTH MAP.

       (a) In General.--Title IV of the Marine Mammal Protection 
     Act of 1972 (16 U.S.C. 1421 et seq.) is amended by inserting 
     after section 408 the following:

     ``SEC. 408A. MARINE MAMMAL HEALTH MONITORING AND ANALYSIS 
                   PLATFORM (HEALTH MAP).

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of this section, the Secretary, acting through the 
     Administrator of the National Oceanic and Atmospheric 
     Administration, in consultation with the Secretary of the 
     Interior and the Marine Mammal Commission, shall--
       ``(1) establish a marine mammal health monitoring and 
     analysis platform (referred to in this Act as the `Health 
     MAP');
       ``(2) incorporate the Health MAP into the Observation 
     System; and
       ``(3) make the Health MAP--
       ``(A) publicly accessible through the web portal of the 
     Observation System; and
       ``(B) interoperable with other national data systems or 
     other data systems for management or research purposes, as 
     practicable.
       ``(b) Purposes.--The purposes of the Health MAP are--
       ``(1) to promote--
       ``(A) interdisciplinary research among individuals with 
     knowledge and experience in marine mammal science, marine 
     mammal veterinary and husbandry practices, medical science, 
     and oceanography, and with other marine scientists;
       ``(B) timely and sustained dissemination and availability 
     of marine mammal health, stranding, entanglement, and 
     mortality data;
       ``(C) identification of spatial and temporal patterns of 
     marine mammal mortality, disease, and stranding;
       ``(D) evaluation of marine mammal health in terms of 
     mortality, as well as sublethal marine mammal health impacts;
       ``(E) improved collaboration and forecasting of marine 
     mammal and larger ecosystem health events;
       ``(F) rapid communication and dissemination of information 
     regarding marine mammal strandings that may have implications 
     for human health, such as those caused by harmful algal 
     blooms; and
       ``(G) increased accessibility of data in a user friendly 
     visual interface for public education and outreach; and
       ``(2) to contribute to an ocean health index that 
     incorporates marine mammal health data.
       ``(c) Requirements.--The Health MAP shall--
       ``(1) integrate in situ, remote, and other marine mammal 
     health, stranding, and mortality data, including 
     visualizations and metadata, collected by marine mammal 
     stranding networks, Federal, State, local, territorial, and 
     Tribal governments, private partners, and academia; and
       ``(2) be designed--
       ``(A) to enhance data and information availability, 
     including data sharing among stranding network participants, 
     scientists, and the public within and across stranding 
     network regions;
       ``(B) to facilitate data and information access across 
     scientific disciplines, scientists, and managers;
       ``(C) to facilitate public access to national and regional 
     marine mammal health, stranding, entanglement, and mortality 
     data, including visualizations and metadata, through the 
     national and regional data portals of the Observation System; 
     and
       ``(D) in collaboration with, and with input from, States 
     and stranding network participants.
       ``(d) Procedures and Guidelines.--The Secretary shall 
     establish and implement policies, protocols, and standards 
     for--
       ``(1) reporting marine mammal health data collected by 
     stranding networks consistent with subsections (c) and (d) of 
     section 402;
       ``(2) promptly transmitting health data from the stranding 
     networks and other appropriate data providers to the Health 
     MAP;
       ``(3) disseminating and making publicly available data on 
     marine mammal health, stranding, entanglement, and mortality 
     data in a timely and sustained manner; and
       ``(4) integrating additional marine mammal health, 
     stranding, or other relevant data as the Secretary determines 
     appropriate.
       ``(e) Consultation.--The Administrator of the National 
     Oceanic and Atmospheric Administration shall maintain and 
     update the Health MAP in consultation with the Secretary of 
     the Interior and the Marine Mammal Commission.
       ``(f) Contributions.--For purposes of carrying out this 
     section, the Secretary may solicit, accept, receive, hold, 
     administer, and use gifts, devises, and bequests without any 
     further approval or administrative action.''.
       (b) Table of Contents Amendment.--The table of contents in 
     the first section of the Marine Mammal Protection Act of 1972 
     (Public Law 92-522) is further amended by inserting after the 
     item related to section 408 the following:

``Sec. 408A. Marine Mammal Health Monitoring and Analysis Platform 
              (Health MAP).''.

     SEC. __13G. REPORTS TO CONGRESS.

       (a) In General.--Title IV of the Marine Mammal Protection 
     Act of 1972 (16 U.S.C. 1421 et seq.) is further amended by 
     inserting after section 408A the following:

     ``SEC. 408B. REPORTS TO CONGRESS.

       ``(a) Definition of Appropriate Committees of Congress.--In 
     this section, the term `appropriate committees of Congress' 
     means--
       ``(1) the Committee on Commerce, Science, and 
     Transportation of the Senate; and
       ``(2) the Committee on Natural Resources of the House of 
     Representatives.
       ``(b) Health MAP Status Report.--
       ``(1) In general.--Not later than 2 year after the date of 
     enactment of this section, the Administrator of the National 
     Oceanic and Atmospheric Administration, in consultation with 
     the Marine Mammal Commission, the Secretary of the Interior, 
     and the National Ocean Research Leadership Council, shall 
     submit to the appropriate committees of Congress a report 
     describing the status of the Health MAP.
       ``(2) Requirements.--The report under paragraph (1) shall 
     include--
       ``(A) a detailed evaluation of the data made publicly 
     available through the Health MAP;
       ``(B) a detailed list of any gaps in data collected 
     pursuant to the Health MAP, a description of the reasons for 
     those gaps, and recommended actions to close those gaps;
       ``(C) an analysis of the effectiveness of using the website 
     of the Observation System as the platform to collect, 
     organize, visualize, archive, and disseminate marine mammal 
     stranding and health data;
       ``(D) a list of publications, presentations, or other 
     relevant work product resulting from, or produced in 
     collaboration with, the Health MAP;
       ``(E) a description of emerging marine mammal health 
     concerns and the applicability of those concerns to human 
     health;
       ``(F) an analysis of the feasibility of the Observation 
     System being used as an alert system during stranding events, 
     entanglement events, and unusual mortality events for the 
     stranding network, Observation System partners, Health MAP 
     partners, Federal and State agencies, and local, territorial, 
     and Tribal governments;
       ``(G) an evaluation of the use of Health MAP data to 
     predict broader ecosystem events and changes that may impact 
     marine mammal or human health and specific examples of proven 
     or potential uses of Observation System data for those 
     purposes; and
       ``(H) recommendations for the Health MAP with respect to--
       ``(i) filling any identified data gaps;
       ``(ii) standards that could be used to improve data 
     quality, accessibility, transmission, interoperability, and 
     sharing;
       ``(iii) any other strategies that would contribute to the 
     effectiveness and usefulness of the Health MAP; and
       ``(iv) the funding levels needed to maintain and improve 
     the Health MAP.
       ``(c) Data Gap Analysis.--
       ``(1) In general.--Not later than 5 years after the date on 
     which the report required under subsection (b)(1) is 
     submitted, and every 10 years thereafter, the Administrator 
     of the National Oceanic and Atmospheric Administration, in 
     consultation with the Marine Mammal Commission and the 
     Secretary of Commerce, shall--
       ``(A) make publicly available a report on the data gap 
     analysis described in paragraph (2); and
       ``(B) provide a briefing to the appropriate committees of 
     Congress concerning that data gap analysis.
       ``(2) Requirements.--The data gap analysis under paragraph 
     (1) shall include--
       ``(A) an overview of existing participants within a marine 
     mammal stranding network;
       ``(B) an identification of coverage needs and participant 
     gaps within a network;
       ``(C) an identification of data and reporting gaps from 
     members of a network; and
       ``(D) an analysis of how stranding and health data are 
     shared and made available to scientists, academics, State, 
     local, territorial, and Tribal governments, and the public.

[[Page S5427]]

       ``(d) Marine Mammal Response Capabilities in the Arctic.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, the Administrator of the National 
     Oceanic and Atmospheric Administration, the Director of the 
     United States Fish and Wildlife Service, and the Director of 
     the United States Geologic Survey, in consultation with the 
     Marine Mammal Commission and the Secretary of the Interior, 
     shall--
       ``(A) make publicly available a report describing the 
     response capabilities for sick and injured marine mammals in 
     the Arctic regions of the United States; and
       ``(B) provide a briefing to the appropriate committees of 
     Congress on that report.
       ``(2) Arctic.--The term `Arctic' has the meaning given the 
     term in section 112 of the Arctic Research and Policy Act of 
     1984 (15 U.S.C. 4111).
       ``(3) Requirements.--The report under paragraph (1) shall 
     include--
       ``(A) a description, developed in consultation with the 
     Director of the United States Fish and Wildlife Service, of 
     all marine mammal stranding agreements in place for the 
     Arctic region of the United States, including species 
     covered, response capabilities, facilities and equipment, and 
     data collection and analysis capabilities;
       ``(B) a list of State and local government agencies that 
     have personnel trained to respond to marine mammal strandings 
     in the Arctic region of the United States;
       ``(C) an assessment of potential response and data 
     collection partners and sources of local information and 
     knowledge, including Alaska Native people and villages;
       ``(D) an analysis of spatial and temporal trends in marine 
     mammal strandings and unusual mortality events that are 
     correlated with changing environmental conditions in the 
     Arctic region of the United States;
       ``(E) a description of training and other resource needs to 
     meet emerging response requirements in the Arctic region of 
     the United States;
       ``(F) an analysis of oiled marine mammal response and 
     rehabilitation capabilities in the Arctic region of the 
     United States, including personnel, equipment, facilities, 
     training, and husbandry capabilities, and an assessment of 
     factors that affect response and rehabilitation success 
     rates; and
       ``(G) recommendations to address future stranding response 
     needs for marine mammals in the Arctic region of the United 
     States.''.
       (b) Table of Contents Amendment.--The table of contents in 
     the first section of the Marine Mammal Protection Act of 1972 
     (Public Law 92-522) is further amended by inserting after the 
     item related to section 408A the following:

``Sec. 408B. Reports to Congress.''.

     SEC. __13H. AUTHORIZATION OF APPROPRIATIONS.

       Section 409 of the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1421g) is amended--
       (1) in paragraph (1), by striking ``1993 and 1994;'' and 
     inserting ``2022 through 2026;'';
       (2) in paragraph (2), by striking ``1993 and 1994;'' and 
     inserting ``2022 through 2026;''; and
       (3) in paragraph (3), by striking ``fiscal year 1993.'' and 
     inserting ``for each of fiscal years 2022 through 2026.''.

     SEC. __13I. DEFINITIONS.

       Section 410 of the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1421h) is amended--
       (1) by redesignating paragraphs (1) through (6) as 
     paragraphs (2), (5), (6), (7), (8), and (9), respectively;
       (2) by inserting before paragraph (2) (as so redesignated) 
     the following:
       ``(1) The term `entangle' or `entanglement' means an event 
     in the wild in which a living or dead marine mammal has gear, 
     rope, line, net, or other material wrapped around or attached 
     to the marine mammal and is--
       ``(A) on lands under the jurisdiction of the United States, 
     including beaches and shorelines; or
       ``(B) in waters under the jurisdiction of the United 
     States, including any navigable waters.'';
       (3) in paragraph (2) (as so redesignated) by striking ``The 
     term'' and inserting ``Except as used in section 408, the 
     term'';
       (4) by inserting after paragraph (2) (as so redesignated) 
     the following:
       ``(3) The term `Health MAP' means the Marine Mammal Health 
     Monitoring and Analysis Platform established under section 
     408A(a)(1).
       ``(4) The term `Observation System' means the National 
     Integrated Coastal and Ocean Observation System established 
     under section 12304 of the Integrated Coastal and Ocean 
     Observation System Act of 2009 (33 U.S.C. 3603).''.

     SEC. __13J. STUDY ON MARINE MAMMAL MORTALITY.

       (a) In General.--Not later than 12 months after the date of 
     enactment of this Act, the Under Secretary of Commerce for 
     Oceans and Atmosphere shall, in consultation with the 
     Secretary of the Interior and the Marine Mammal Commission, 
     conduct a study evaluating the connections among marine heat 
     waves, frequency and intensity of harmful algal blooms, prey 
     availability, and habitat degradation, and the impacts of 
     these conditions on marine mammal mortality.
       (b) Report.--The Under Secretary of Commerce for Oceans and 
     Atmosphere, in consultation with the Secretary of the 
     Interior and the Marine Mammal Commission, shall prepare, 
     post to a publicly available website, and brief the 
     appropriate committees of Congress on, a report containing 
     the results of the study described in subsection (a). The 
     report shall identify priority research activities, 
     opportunities for collaboration, and current gaps in effort 
     and resource limitations related to advancing scientific 
     understanding of how ocean heat waves, harmful algae blooms, 
     availability of prey, and habitat degradation impact marine 
     mammal mortality. The report shall include recommendations 
     for policies needed to mitigate and respond to mortality 
     events.

   Subtitle D--Reauthorization of Coral Reef Conservation Act of 2000

     SEC. __14. REAUTHORIZATION OF CORAL REEF CONSERVATION ACT OF 
                   2000.

       (a) Purposes; Federal Coral Reef Management and Restoration 
     Activities.--The Coral Reef Conservation Act of 2000 (16 
     U.S.C. 6401 et seq.) is amended by striking sections 202 and 
     203 and inserting the following:

     ``SEC. 202. PURPOSES.

       ``The purposes of this title are--
       ``(1) to conserve and restore the condition of United 
     States coral reef ecosystems challenged by natural and human-
     accelerated changes, including increasing ocean temperatures, 
     ocean acidification, coral bleaching, coral diseases, water 
     quality degradation, invasive species, and illegal, 
     unreported, and unregulated fishing;
       ``(2) to promote the science-based management and 
     sustainable use of coral reef ecosystems to benefit local 
     communities and the Nation, including through improved 
     integration and cooperation among Federal, State, and locally 
     managed jurisdictions with coral reef equities;
       ``(3) to develop sound scientific information on the 
     condition of coral reef ecosystems, continuing and emerging 
     threats to such ecosystems, and the efficacy of innovative 
     tools, technologies, and strategies to mitigate stressors and 
     restore such ecosystems, including evaluation criteria to 
     determine the effectiveness of management interventions, and 
     accurate mapping for coral reef restoration;
       ``(4) to assist in the preservation of coral reefs by 
     supporting science-based, consensus-driven State, Tribal, 
     Pacific Islander, territorial, and community-based coral reef 
     management, including monitoring, conservation, and 
     restoration projects that empower local communities, small 
     businesses, and nongovernmental organizations;
       ``(5) to provide financial resources, technical assistance, 
     and scientific expertise to supplement and strengthen State, 
     Tribal, Indigenous, and community-based management programs 
     and conservation and restoration projects;
       ``(6) to establish a formal mechanism for collecting and 
     allocating monetary donations from the private sector to be 
     used for coral reef conservation and restoration projects;
       ``(7) to support the rapid and effective, science-based 
     assessment and response to emergencies that imminently 
     threaten coral reefs, such as coral disease outbreaks, 
     invasive species, hurricanes, marine heat waves, coral 
     bleaching, and other natural disasters, vessel groundings or 
     chemical spills, and other exigent circumstances; and
       ``(8) to serve as a model for advancing similar 
     international efforts to monitor, conserve, and restore coral 
     reef ecosystems in the jurisdictions of United States allies 
     and trading partners.

     ``SEC. 203. FEDERAL CORAL REEF MANAGEMENT AND RESTORATION 
                   ACTIVITIES.

       ``(a) In General.--The Administrator or the Secretary of 
     the Interior may conduct activities described in subsection 
     (b) to conserve and restore coral reefs and coral reef 
     ecosystems that are consistent with--
       ``(1) all applicable laws governing resource management in 
     Federal and State waters, including this Act;
       ``(2) the national coral reef resilience strategy in effect 
     under section 204A;
       ``(3) coral reef action plans in effect under section 205, 
     as applicable; and
       ``(4) coral reef emergency plans in effect under section 
     209, as applicable.
       ``(b) Activities Described.--Activities described in this 
     subsection are activities to conserve, research, monitor, 
     assess, and restore coral reefs and coral reef ecosystems in 
     waters managed under the jurisdiction of a Federal agency 
     specified in subsection (c) or in coordination with a State 
     in waters managed under the jurisdiction of such State, 
     including--
       ``(1) developing, including through the collection of 
     requisite data, high-quality and digitized maps reflecting--
       ``(A) current and historical live coral cover data;
       ``(B) coral reef habitat quality data;
       ``(C) priority areas for coral reef conservation to 
     maintain biodiversity and ecosystem structure and function, 
     including the reef matrix itself, that benefit coastal 
     communities and living marine resources;
       ``(D) priority areas for coral reef restoration to enhance 
     biodiversity and ecosystem structure and function, including 
     the reef matrix itself, to benefit coastal communities and 
     living marine resources; and
       ``(E) areas of concern that may require enhanced monitoring 
     of coral health and cover;
       ``(2) enhancing compliance with Federal laws that prohibit 
     or regulate--
       ``(A) the taking of coral products or species associated 
     with coral reefs; or
       ``(B) the use and management of coral reef ecosystems;
       ``(3) long-term ecological monitoring of coral reef 
     ecosystems;

[[Page S5428]]

       ``(4) implementing species-specific recovery plans for 
     listed coral species consistent with the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.);
       ``(5) restoring degraded coral reef ecosystems;
       ``(6) promoting ecologically sound navigation and 
     anchorages, including mooring buoy systems to promote 
     enhanced recreational access, near coral reefs;
       ``(7) monitoring and responding to severe bleaching or 
     mortality events, disease outbreaks, invasive species 
     outbreaks, and significant maritime accidents, including 
     chemical spill cleanup and the removal of grounded vessels;
       ``(8) conducting scientific research that contributes to 
     the understanding, sustainable use, and long-term 
     conservation of coral reefs;
       ``(9) enhancing public awareness, understanding, and 
     appreciation of coral reefs and coral reef ecosystems;
       ``(10) preventing or minimizing the likelihood of vessel 
     impacts or other physical damage to coral reefs through 
     navigational aids and expansion of reef-safe anchorages; and
       ``(11) centrally archiving, managing, and distributing data 
     sets and coral reef ecosystem assessments and publishing such 
     information on publicly available internet websites of--
       ``(A) the Coral Reef Conservation Program of the National 
     Oceanic and Atmospheric Administration; and
       ``(B) the Task Force.
       ``(c) Federal Agencies Specified.--A Federal agency 
     specified in this subsection is one of the following:
       ``(1) The National Oceanic and Atmospheric Administration.
       ``(2) The National Park Service.
       ``(3) The United States Fish and Wildlife Service.
       ``(4) The Office of Insular Affairs.''.
       (b) Additional Provisions.--The Coral Reef Conservation Act 
     of 2000 (16 U.S.C. 6401 et seq.) is amended by striking 
     sections 205 through 210 and inserting the following:

     ``SEC. 204A. NATIONAL CORAL REEF RESILIENCE STRATEGY.

       ``(a) In General.--The Administrator shall--
       ``(1) develop a national coral reef resilience strategy; 
     and
       ``(2) periodically, but not less frequently than every 15 
     years, review and revise the strategy.
       ``(b) Elements.--The strategy required by subsection (a) 
     shall include the following:
       ``(1) A discussion addressing--
       ``(A) continuing and emerging threats to the resilience of 
     United States coral reef ecosystems;
       ``(B) remaining gaps in coral reef ecosystem research, 
     monitoring, and assessment;
       ``(C) the status of management cooperation and integration 
     among Federal, State, Tribal, and locally managed 
     jurisdictions with coral reef equities;
       ``(D) the status of efforts to manage and disseminate 
     critical information, and enhance interjurisdictional data 
     sharing, related to research, reports, datasets, and maps;
       ``(E) areas of special focus, which may include--
       ``(i) improving natural coral recruitment;
       ``(ii) preventing avoidable losses of corals and their 
     habitat;
       ``(iii) enhancing the resilience of coral populations;
       ``(iv) supporting a resilience-based management approach;
       ``(v) developing, coordinating, and implementing watershed 
     management plans;
       ``(vi) building and sustaining watershed management 
     capacity at the local level;
       ``(vii) providing data essential for coral reef fisheries 
     management;
       ``(viii) building capacity for coral reef fisheries 
     management;
       ``(ix) increasing understanding of coral reef ecosystem 
     services;
       ``(x) educating the public on the importance of coral 
     reefs, threats to coral reefs, and solutions to such threats; 
     and
       ``(xi) evaluating intervention efficacy;
       ``(F) the status of conservation efforts, including the use 
     of marine protected areas to serve as replenishment zones 
     developed consistent with local practices and traditions and 
     in cooperation with, and with respect for the scientific, 
     technical, and management expertise and responsibilities of, 
     State fish and wildlife management agencies; and
       ``(G) science-based adaptive management and restoration 
     efforts.
       ``(2) A statement of national goals and objectives designed 
     to guide--
       ``(A) future Federal coral reef management and restoration 
     activities authorized under section 203;
       ``(B) conservation and restoration priorities for grants 
     awarded under section 213; and
       ``(C) research priorities for the cooperative institutes 
     established under section 215(c).
       ``(3) General templates for use by covered reef managers to 
     guide the development of--
       ``(A) coral reef action plans under section 205; and
       ``(B) coral reef emergency plans under section 209.
       ``(c) Consultations.--In developing all elements of the 
     strategy required by subsection (a), the Administrator 
     shall--
       ``(1) consult with the Secretary of the Interior, the Task 
     Force, covered States, and Tribal organizations;
       ``(2) engage stakeholders, including coral reef stewardship 
     partnerships, coral reef institutes and research centers 
     described in section 215(c), and coral reef conservation 
     grant awardees; and
       ``(3) solicit public review and comment regarding scoping 
     and the draft strategy.
       ``(d) Submission to Congress; Publication.--The 
     Administrator shall--
       ``(1) submit the strategy required by subsection (a) and 
     any revisions to the strategy to the appropriate 
     congressional committees; and
       ``(2) publish the strategy and any such revisions on 
     publicly available internet websites of--
       ``(A) the Coral Reef Conservation Program of the National 
     Oceanic and Atmospheric Administration; and
       ``(B) the Task Force.
       ``(e) Transition Rule.--On and after the date of the 
     enactment of this subsection, the 2018 Coral Reef 
     Conservation Program Strategic Plan of the National Oceanic 
     and Atmospheric Administration shall be considered to be the 
     national coral reef resilience strategy in effect under this 
     section until the earlier of--
       ``(1) September 30, 2033; or
       ``(2) the date on which the Administrator develops a 
     national coral reef resilience strategy under this section.

     ``SEC. 205. CORAL REEF ACTION PLANS.

       ``(a) Coral Reef Action Plans.--Except as provided in 
     subsection (h), not later than 3 years after the date of the 
     enactment of this section, and not later than 2 years after 
     the publication of a revised national coral reef resilience 
     strategy under section 204A, each covered reef manager shall 
     prepare and submit to the Task Force a coral reef action plan 
     to guide management and restoration activities to be 
     undertaken within the responsibilities and jurisdiction of 
     the manager.
       ``(b) Requirements.--A covered reef manager preparing a 
     coral reef action plan under subsection (a) shall--
       ``(1) ensure that the plan is consistent with all elements 
     of the national coral reef resilience strategy in effect; and
       ``(2) revise the plan not less frequently than once every 5 
     years.
       ``(c) Plan Elements.--A coral reef action plan under 
     subsection (a) shall include a discussion of the following 
     elements:
       ``(1) Short- and mid-term coral reef conservation and 
     restoration objectives within the applicable jurisdiction.
       ``(2) An updated adaptive management framework to inform 
     research, monitoring, and assessment needs.
       ``(3) The status of any coral reef emergency plans in 
     effect under section 209 covering coral reef ecosystems 
     within the applicable jurisdiction.
       ``(4) Tools, strategies, and partnerships necessary to 
     identify, monitor, and redress the impacts of pollution, 
     diminished water quality, temperature fluctuations, 
     acidification, overfishing, disease, and other disturbances 
     to coral reef ecosystems within the applicable jurisdiction.
       ``(5) The status of efforts to improve coral reef ecosystem 
     management cooperation and integration among neighboring 
     Federal, State, Tribal, or locally managed jurisdictions, 
     including the identification of existing research and 
     monitoring activities that can be leveraged for coral reef 
     status and trends assessments within the applicable 
     jurisdiction.
       ``(6) An accounting of annual expenditures on coral reef 
     management and restoration activities within the applicable 
     jurisdiction while the preceding action plan, if any, was in 
     effect.
       ``(7) Estimated budgetary and resource considerations 
     necessary to carry out the proposed action plan.
       ``(d) Technical Assistance.--The Administrator and the Task 
     Force shall make all reasonable efforts to provide technical 
     assistance upon request by a covered reef manager developing 
     a coral reef action plan under subsection (a).
       ``(e) Adoption of Coral Reef Action Plans.--A covered reef 
     manager may adopt a coral reef action plan developed by 
     another covered reef manager, in full or in part, as relevant 
     to the adopting manager's applicable jurisdiction.
       ``(f) Public Review.--The development of a coral reef 
     action plan by a covered reef manager under subsection (a), 
     and the adoption of a plan under subsection (e), shall be 
     subject to public review and comment.
       ``(g) Publication.--The Administrator shall publish each 
     coral reef action plan prepared and submitted to the Task 
     Force under this section on publicly available internet 
     websites of--
       ``(1) the Coral Reef Conservation Program of the National 
     Oceanic and Atmospheric Administration; and
       ``(2) the Task Force.
       ``(h) Applicability to Covered States and Coral Reef 
     Stewardship Partnerships.--A covered State or non-Federal 
     coral reef stewardship partnership is not required to develop 
     a coral reef action plan under subsection (a), but may do so 
     in its own discretion. In developing a coral reef action 
     plan, a covered State or non-Federal coral reef stewardship 
     partnership is encouraged, but not mandated, to comply with 
     the requirements of this section.
       ``(i) Plan in Effect.--A coral reef action plan shall be 
     deemed to be in effect if the plan was submitted to the Task 
     Force under this section during the preceding 6 years.

[[Page S5429]]

  


     ``SEC. 206. CORAL REEF STEWARDSHIP PARTNERSHIPS.

       ``(a) Coral Reef Stewardship Partnerships.--The 
     Administrator shall establish standards for the 
     identification of coral reefs and the formation of 
     partnerships among government and community members for the 
     stewardship of coral reefs (in this title referred to as 
     `coral reef stewardship partnerships') in accordance with 
     this section, including guidance for preparation and 
     submission of coral reef action plans under section 205 for 
     review and approval by the Administrator.
       ``(b) Identification of Coral Reefs.--Each coral reef 
     stewardship partnership shall identify with particularity the 
     coral reef or ecologically significant component of a coral 
     reef that will be the subject of its stewardship activities.
       ``(c) Membership for Federal Coral Reefs.--A coral reef 
     stewardship partnership that has identified, as the subject 
     of its stewardship activities, a coral reef or ecologically 
     significant component of a coral reef that is fully or 
     partially under the management jurisdiction of any Federal 
     agency specified in section 203(c) shall, at a minimum, 
     include the following:
       ``(1) That Federal agency, a representative of which shall 
     serve as chair of the coral reef stewardship partnership.
       ``(2) A State, county, or Tribal organization's resource 
     management agency.
       ``(3) A coral reef research center described in section 
     215(c)(4) or another institution of higher education.
       ``(4) A nongovernmental organization.
       ``(5) Such other members as the partnership considers 
     appropriate, such as interested stakeholder groups.
       ``(d) Membership for Non-Federal Coral Reefs.--
       ``(1) In general.--A coral reef stewardship partnership 
     that has identified, as the subject of its stewardship 
     activities, a coral reef or ecologically significant 
     component of a coral reef that is not under the management 
     jurisdiction of any Federal agency specified in section 
     203(c) shall, at a minimum, include the following:
       ``(A) A State, county, or Tribal organization's resource 
     management agency, a representative of which shall serve as 
     the chair of the coral reef stewardship partnership.
       ``(B) A coral reef research center described in section 
     215(c)(4) or another institution of higher education.
       ``(C) A nongovernmental organization.
       ``(D) Such other members as the partnership considers 
     appropriate, such as interested stakeholder groups.
       ``(2) Additional members.--
       ``(A) In general.--Subject to subparagraph (B), a coral 
     reef stewardship partnership described in paragraph (1) may 
     also include representatives of one or more Federal agencies 
     that have management responsibility in the coral reef that is 
     the subject of the partnership's stewardship activities.
       ``(B) Requests; approval.--A representative of a Federal 
     agency described in subparagraph (A) may become a member of a 
     coral reef stewardship partnership described in paragraph (1) 
     if--
       ``(i) the representative submits a request to become a 
     member to the chair of the partnership referred to in 
     paragraph (1)(A); and
       ``(ii) the chair consents to the request.
       ``(e) Nonapplicability of Federal Advisory Committee Act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to coral reef stewardship partnerships.

     ``SEC. 207. BLOCK GRANTS AND COOPERATIVE AGREEMENTS.

       ``(a) In General.--The Administrator shall provide block 
     grants of financial assistance to covered States to support 
     management and restoration activities and further the 
     implementation of coral reef action plans in effect under 
     section 205 by covered States and non-Federal coral reef 
     stewardship partnerships.
       ``(b) Eligibility for Additional Amounts.--
       ``(1) In general.--A covered State shall qualify for and 
     receive additional grant amounts beyond the base award 
     specified in subsection (c)(1) if there is at least one coral 
     reef action plan in effect within the jurisdiction of the 
     covered State developed by that covered State or a non-
     Federal coral reef stewardship partnership.
       ``(2) Waiver.--In any fiscal year before fiscal year 2025, 
     the Administrator shall waive the requirement to qualify for 
     and receive additional grant amounts described in paragraph 
     (1).
       ``(c) Funding Formula.--The amount of each block grant 
     awarded to a covered State under this section shall be the 
     sum of--
       ``(1) a base award of $100,000; and
       ``(2) if the State is eligible under subsection (b)--
       ``(A) an amount that is equal to non-Federal expenditures 
     of up to $3,000,000 on coral reef management and restoration 
     activities within the jurisdiction of the State during the 
     previous fiscal year, and
       ``(B) an additional amount, from any funds appropriated for 
     activities under this section that remain after distribution 
     under subparagraph (A), paragraph (1), and subsection 
     (g)based on the proportion of the State's share of total non-
     Federal expenditures on coral reef management and restoration 
     activities, as reported within the previous fiscal year, in 
     excess of $3,000,000, relative to other covered States.
       ``(d) Exclusions.--For the purposes of calculating block 
     grant amounts under subsection (c), Federal funds provided to 
     a covered State or non-Federal coral reef stewardship 
     partnership shall not be considered as qualifying non-Federal 
     expenditures, but non-Federal matching funds used to leverage 
     Federal awards may be considered as qualifying non-Federal 
     expenditures.
       ``(e) Responsibilities of the Administrator.--The 
     Administrator is responsible for--
       ``(1) providing guidance on qualifying non-Federal 
     expenditures and the proper documentation of such 
     expenditures;
       ``(2) issuing annual solicitations to covered States for 
     additional awards under this section; and
       ``(3) determining the appropriate allocation of additional 
     amounts among covered States in accordance with this section.
       ``(f) Responsibilities of Covered States.--Each covered 
     State is responsible for documenting non-Federal expenditures 
     within the jurisdiction of the State and formally reporting 
     those expenditures for review in response to annual 
     solicitations by the Administrator under subsection (e).
       ``(g) Cooperative Agreements.--The Administrator may enter 
     into cooperative agreements with States to fund coral reef 
     conservation and restoration activities in waters managed 
     under the jurisdiction of such States that are consistent 
     with the national coral reef resilience strategy in effect 
     under section 204A.

     ``SEC. 208. CORAL REEF STEWARDSHIP FUND.

       ``(a) Authority To Enter Into Agreements.--The 
     Administrator may enter into an agreement with the National 
     Fish and Wildlife Foundation (in this section referred to as 
     the `Foundation'), authorizing the Foundation to receive, 
     hold, and administer funds received under this section.
       ``(b) Fund.--The Foundation shall invest, reinvest, and 
     otherwise administer the funds received under this section 
     and maintain such funds and any interest or revenues earned 
     in a separate interest-bearing account, to be known as the 
     `Coral Reef Stewardship Fund' (in this section referred to as 
     the `Fund', and known before the date of the enactment of 
     this section as the Coral Reef Conservation Fund administered 
     through a public-private partnership with the Foundation), 
     established by the Foundation solely to support coral reef 
     stewardship partnership activities that--
       ``(1) further the purposes of this title; and
       ``(2) are consistent with--
       ``(A) the national coral reef resilience strategy in effect 
     under section 204A; and
       ``(B) coral reef action plans in effect, if any, under 
     section 205 covering a coral reef or ecologically significant 
     component of a coral reef to be impacted by such activities, 
     if applicable.
       ``(c) Authorization To Solicit Donations.--
       ``(1) In general.--Pursuant to an agreement entered into 
     under subsection (a), the Foundation may accept, receive, 
     solicit, hold, administer, and use any gift (including, 
     notwithstanding section 1342 of title 31, United States Code, 
     donations of services) to further the purposes of this title.
       ``(2) Deposits in fund.--Notwithstanding section 3302 of 
     title 31, United States Code, any funds received as a gift 
     shall be deposited and maintained in the Fund.
       ``(3) Notification required.--Not later than 30 days after 
     funds are deposited in the Fund under paragraph (2), the 
     Foundation shall notify the Committee on Appropriations of 
     the Senate and the Committee on Appropriations of the House 
     of Representatives of the source and amount of such funds.
       ``(d) Review of Performance.--The Administrator shall 
     conduct a continuing review of all deposits into, and 
     disbursements from, the Fund. Each review shall include a 
     written assessment concerning the extent to which the 
     Foundation has implemented the goals and requirements of--
       ``(1) this section; and
       ``(2) the national coral reef resilience strategy in effect 
     under section 204A.
       ``(e) Administration.--Under an agreement entered into 
     pursuant to subsection (a), the Administrator may transfer 
     funds appropriated to carry out this title to the Foundation. 
     Amounts received by the Foundation under this subsection may 
     be used for matching, in whole or in part, contributions 
     (whether in money, services, or property) made to the 
     Foundation by private persons, State or local government 
     agencies, or Tribal organizations.

     ``SEC. 209. CORAL REEF EMERGENCY PLANS.

       ``(a) In General.--A covered reef manager may develop and 
     periodically update a plan (in this title referred to as a 
     `coral reef emergency plan') consistent with the template 
     described in section 204A(b)(3) to guide the rapid and 
     effective response to circumstances that pose an urgent and 
     immediate threat to the coral reef ecosystems within the 
     manager's responsibilities and jurisdictions, and consistent 
     with any applicable coral reef action plan.
       ``(b) Coral Reef Emergencies.--The Administrator shall 
     develop a list of, and criteria for, circumstances that pose 
     an urgent and immediate threat to coral reefs (in this title 
     referred to as `coral reef emergencies'), including--
       ``(1) new and ongoing outbreaks of disease;
       ``(2) new and ongoing outbreaks of invasive or nuisance 
     species;
       ``(3) new and ongoing coral bleaching events;
       ``(4) natural disasters;
       ``(5) man-made disasters, including vessel groundings, 
     hazardous spills, or coastal construction accidents; and

[[Page S5430]]

       ``(6) other exigent circumstances.
       ``(c) Best Response Practices.--The Administrator shall 
     develop guidance on best practices to respond to coral reef 
     emergencies that can be adopted within coral reef emergency 
     plans. Such best practices shall be--
       ``(1) based on the best available science and integrated 
     with evolving innovative technologies; and
       ``(2) revised not less frequently than once every 5 years.
       ``(d) Plan Elements.--A coral reef emergency plan shall 
     include the following elements:
       ``(1) A description of particular threats, and the proposed 
     responses, consistent with the best practices developed under 
     subsection (d).
       ``(2) A delineation of roles and responsibilities for 
     executing the plan.
       ``(3) Evidence of engagement with interested stakeholder 
     groups, as applicable, in the development of the plan.
       ``(4) Any other information the Administrator considers to 
     be necessary for the plan.
       ``(e) Technical Assistance.--The Administrator and the Task 
     Force shall make all reasonable efforts to provide technical 
     assistance upon request by a covered reef manager developing 
     a coral reef emergency plan under subsection (a).
       ``(f) Adoption of Coral Reef Emergency Plans.--A covered 
     reef manager may adopt a coral reef emergency plan developed 
     by another covered reef manager, in full or in part, as 
     relevant to the adopting manager's applicable jurisdiction.
       ``(g) Public Review.--The development of a coral reef 
     action plan by a covered reef manager under subsection (a), 
     and the adoption of a plan under subsection (f), shall be 
     subject to public review and comment.
       ``(h) Publication.--The Administrator shall publish each 
     coral reef emergency plan prepared and submitted to the Task 
     Force under this section on publicly available internet 
     websites of--
       ``(1) the Coral Reef Conservation Program of the National 
     Oceanic and Atmospheric Administration; and
       ``(2) the Task Force.
       ``(i) Plan in Effect.--A coral reef emergency plan shall be 
     deemed to be in effect if the plan was submitted to the Task 
     Force under this section during the preceding 6 years.

     ``SEC. 210. CORAL REEF EMERGENCY FUND.

       ``(a) Establishment of Fund.--There is established in the 
     Treasury an interest-bearing fund to be known as the `Coral 
     Reef Emergency Fund', consisting of such amounts as are 
     appropriated to the Fund.
       ``(b) Uses.--Amounts in the Fund--
       ``(1) shall be available only for use by the Administrator 
     to compensate covered coral reef mangers to implement a coral 
     reef emergency plan in effect under sections 210 and 212; and
       ``(2) shall remain available until expended.
       ``(c) Acceptance of Donations.--
       ``(1) In general.--For purposes of carrying out this title, 
     the Administrator may accept, receive, solicit, hold, 
     administer, and use any gift (including, notwithstanding 
     section 1342 of title 31, United States Code, donations of 
     services).
       ``(2) Deposits in fund.--Notwithstanding section 3302 of 
     title 31, United States Code, any funds received as a gift 
     shall be deposited and maintained in the Fund.

     ``SEC. 211. EMERGENCY ASSISTANCE.

       ``(a) Coral Reef Emergency Declarations.--
       ``(1) Sua sponte declaration.--
       ``(A) In general.--The Administrator may determine and 
     declare a coral reef emergency, including at the 
     recommendation of the Secretary of the Interior.
       ``(B) Requirements.--In declaring a coral reef emergency 
     under subparagraph (A), the Administrator shall--
       ``(i) certify that an emergency has occurred that is 
     ecologically significant and harmful to coral reefs; and
       ``(ii) submit to the appropriate congressional committees 
     findings and analysis to justify the declaration.
       ``(2) Petitions.--If a covered State or non-Federal coral 
     reef stewardship partnership believes that a coral reef 
     emergency has occurred, and is impacting coral reefs or 
     ecologically significant components of coral reefs subject to 
     the responsibilities or jurisdiction of the State or 
     partnership, the State or partnership may petition the 
     Administrator for a declaration of a coral reef emergency.
       ``(3) Evaluation and action.--
       ``(A) In general.--Not later than 30 days after receiving a 
     petition under paragraph (2) (except as provided in 
     subparagraph (B)), the Administrator shall--
       ``(i) evaluate the petition to determine whether a coral 
     reef emergency has occurred; and
       ``(ii) declare a coral reef emergency or deny the petition.
       ``(B) Extension.--The Administrator may extend the deadline 
     provided for under subparagraph (A) by not more than 15 days.
       ``(4) Appeal.--If the Administrator denies a petition for 
     an emergency declaration submitted under paragraph (2), the 
     State or partnership that submitted the petition may, not 
     later than 15 days after receiving notice of the denial, 
     appeal the denial to the Administrator. Not later than 15 
     days after receiving an appeal under this paragraph, the 
     Administrator shall grant or deny the appeal.
       ``(5) Revocation.--The Administrator may revoke any 
     declaration of a coral reef emergency in whole or in part 
     after determining that circumstances no longer require an 
     emergency response.
       ``(6) Recovery of emergency funding.--The Administrator may 
     seek compensation from negligent parties to recover emergency 
     funds expended in excess of $500,000 under this section as a 
     result of an emergency declaration arising from direct 
     impacts to coral reefs from man-made disasters or accidents.
       ``(b) Financial Assistance Authority.--
       ``(1) In general.--Upon the declaration of a coral reef 
     emergency under subsection (a), the Administrator shall 
     provide grants to carry out proposals that meet the 
     requirements of paragraph (2) to implement coral reef 
     emergency plans in effect under section 209.
       ``(2) Requirements.--A proposal for a grant under this 
     subsection to implement a coral reef emergency plan in effect 
     under section 209 shall include--
       ``(A) the name of the entity submitting the proposal;
       ``(B) a copy of the coral reef emergency plan;
       ``(C) a description of the qualifications of the 
     individuals and entities who will implement the plan;
       ``(D) an estimate of the funds and time required to 
     complete the implementation of the plan; and
       ``(E) any other information the Administrator considers to 
     be necessary for evaluating the eligibility of the proposal 
     for a grant under this subsection.
       ``(3) Review.--Not later than 30 days after receiving a 
     proposal for a grant under this subsection, the Administrator 
     shall review the proposal and determine if the proposal meets 
     the requirements of paragraph (2).
       ``(4) Concurrent review.--An entity seeking a grant under 
     this subsection may submit a proposal under paragraph (2) to 
     the Administrator at any time following the submission of a 
     petition for an emergency declaration under subsection (a)(2) 
     that is applicable to coral reefs or ecologically significant 
     components of coral reefs subject to the responsibilities or 
     jurisdiction of the entity.

     ``SEC. 212. VESSEL GROUNDING INVENTORY.

       ``The Administrator, in coordination with the heads of 
     other Federal agencies, shall establish and maintain an 
     inventory of all vessel grounding incidents involving United 
     States coral reefs, including a description of--
       ``(1) the impacts of each such incident to coral reefs and 
     related natural resources;
       ``(2) vessel and ownership information relating to each 
     such incident, if available;
       ``(3) the estimated cost of removal of the vessel, 
     remediation, or restoration relating to each such incident;
       ``(4) the response actions taken by the owner of the 
     vessel, the Administrator, the Commandant of the Coast Guard, 
     or representatives of other Federal or State agencies;
       ``(5) the status of the response actions, including the 
     dates of--
       ``(A) vessel removal;
       ``(B) remediation or restoration activities, including 
     whether a coral reef emergency plan was implemented; and
       ``(C) any actions taken to prevent future grounding 
     incidents; and
       ``(6) recommendations for additional navigational aids or 
     other mechanisms for preventing future grounding incidents.

     ``SEC. 213. RUTH D. GATES CORAL REEF CONSERVATION GRANT 
                   PROGRAM.

       ``(a) Grants.--The Administrator shall establish a program 
     (to be known as the `Ruth D. Gates Coral Reef Conservation 
     Grant Program') to provide grants for projects for the 
     conservation and restoration of coral reef ecosystems (in 
     this section referred to as `coral reef projects') pursuant 
     to proposals approved by the Administrator in accordance with 
     this section.
       ``(b) Eligibility.--
       ``(1) In general.--An entity described in paragraph (2) may 
     submit to the Administrator a proposal for a coral reef 
     project.
       ``(2) Entities described.--An entity described in this 
     paragraph is--
       ``(A) a natural resource management authority of a State or 
     local government or Tribal organization--
       ``(i) with responsibility for coral reef management; or
       ``(ii) the activities of which directly or indirectly 
     affect coral reefs or coral reef ecosystems;
       ``(B) a regional fishery management council established 
     under the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.);
       ``(C) a coral reef stewardship partnership seeking to 
     implement a coral reef action plan in effect under section 
     205;
       ``(D) a coral reef research center designated under section 
     215(c)(4); or
       ``(E) another nongovernmental organization or research 
     institution with demonstrated expertise in the conservation 
     or restoration of coral reefs in practice or through 
     significant contributions to the body of existing scientific 
     research on coral reefs.
       ``(c) Project Proposals.--Each proposal for a grant under 
     this section for a coral reef project shall include the 
     following:
       ``(1) The name of the individual or entity responsible for 
     conducting the project.
       ``(2) A description of the qualifications of the individual 
     or entity.

[[Page S5431]]

       ``(3) A succinct statement of the purposes of the project.
       ``(4) An estimate of the funds and time required to 
     complete the project.
       ``(5) Evidence of support for the project by appropriate 
     representatives of States or other government jurisdictions 
     in which the project will be conducted.
       ``(6) Information regarding the source and amount of 
     matching funding available to the applicant.
       ``(7) A description of how the project meets one or more of 
     the criteria under subsection (e)(2).
       ``(8) In the case of a proposal submitted by a coral reef 
     stewardship partnership, a description of how the project 
     aligns with the applicable coral reef action plan in effect 
     under section 205.
       ``(9) Any other information the Administrator considers to 
     be necessary for evaluating the eligibility of the project 
     for a grant under this subsection.
       ``(d) Project Review and Approval.--
       ``(1) In general.--The Administrator shall review each 
     coral reef project proposal submitted under this section to 
     determine if the project meets the criteria set forth in 
     subsection (e).
       ``(2) Prioritization of conservation projects.--The 
     Administrator shall prioritize the awarding of grants for 
     projects that meet the criteria for approval under 
     subparagraphs (A) through (G) of subsection (e)(2) that are 
     proposed to be conducted within priority areas identified for 
     coral reef conservation by the Administrator and consistent 
     with the national coral reef resilience strategy in effect 
     under section 204A.
       ``(3) Prioritization of restoration projects.--The 
     Administrator shall prioritize the awarding of grants for 
     projects that meet the criteria for approval under 
     subparagraphs (E) through (L) of subsection (e)(2) that are 
     proposed to be conducted within priority areas identified for 
     coral reef restoration by the Administrator and consistent 
     with the national coral reef resilience strategy in effect 
     under section 204A.
       ``(4) Review; approval or disapproval.--Not later than 180 
     days after receiving a proposal for a coral reef project 
     under this section, the Administrator shall--
       ``(A) request and consider written comments on the proposal 
     from each Federal agency, State government, Tribal 
     organization, or other government jurisdiction, including the 
     relevant regional fishery management councils established 
     under the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.), or any National 
     Marine Sanctuary or Marine National Monument, with 
     jurisdiction or management authority over coral reef 
     ecosystems in the area where the project is to be conducted, 
     including the extent to which the project is consistent with 
     locally established priorities, unless such entities were 
     directly involved in the development of the project proposal;
       ``(B) provide for the merit-based peer review of the 
     proposal and require standardized documentation of that peer 
     review;
       ``(C) after considering any written comments and 
     recommendations based on the reviews under subparagraphs (A) 
     and (B), approve or disapprove the proposal; and
       ``(D) provide written notification of that approval or 
     disapproval, with summaries of all written comments, 
     recommendations, and peer-reviews, to the entity that 
     submitted the proposal, and each of those States, Tribal 
     organizations, and other government jurisdictions that 
     provided comments under subparagraph (A).
       ``(e) Criteria for Approval.--The Administrator may not 
     approve a proposal for a coral reef project under this 
     section unless the project--
       ``(1) is consistent with--
       ``(A) the national coral reef resilience strategy in effect 
     under section 204A; and
       ``(B) any Federal or non-Federal coral reef action plans in 
     effect under section 205 covering a coral reef or 
     ecologically significant component of a coral reef to be 
     affected by the project; and
       ``(2) will enhance the conservation and restoration of 
     coral reefs by--
       ``(A) addressing conflicts arising from the use of 
     environments near coral reefs or from the use of corals, 
     species associated with coral reefs, and coral products, 
     including supporting consensus-driven, community-based 
     planning and management initiatives for the protection of 
     coral reef ecosystems;
       ``(B) improving compliance with laws that prohibit or 
     regulate the taking of coral products or species associated 
     with coral reefs or regulate the use and management of coral 
     reef ecosystems;
       ``(C) designing and implementing networks of real-time 
     water quality monitoring along coral reefs, including data 
     collection related to turbidity, nutrient availability, 
     harmful algal blooms, and plankton assemblages, with an 
     emphasis on coral reefs impacted by agriculture and urban 
     development;
       ``(D) promoting ecologically sound navigation and 
     anchorages, including mooring buoy systems to promote 
     enhanced recreational access, near coral reefs;
       ``(E) furthering the goals and objectives of coral reef 
     action plans in effect under section 205 and coral reef 
     emergency plans in effect under section 209;
       ``(F) mapping the location and distribution of coral reefs 
     and potential coral reef habitat;
       ``(G) stimulating innovation to advance the ability of the 
     United States to understand, research, or monitor coral reef 
     ecosystems, or to develop management or adaptation options to 
     preserve, sustain, and restore coral reef ecosystems;
       ``(H) implementing research to ensure the population 
     viability of listed coral species in United States waters as 
     detailed in the population-based recovery criteria included 
     in species-specific recovery plans consistent with the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
       ``(I) developing and implementing cost-effective methods to 
     restore degraded coral reef ecosystems or to create 
     geographically appropriate coral reef ecosystems in suitable 
     waters, including by improving habitat or promoting success 
     of keystone species, with an emphasis on novel restoration 
     strategies and techniques to advance coral reef recovery and 
     growth near population centers threatened by rising sea 
     levels and storm surge;
       ``(J) translating and applying coral genetics research to 
     coral reef ecosystem restoration, including research related 
     to traits that promote resilience to increasing ocean 
     temperatures, ocean acidification, coral bleaching, coral 
     diseases, and invasive species;
       ``(K) developing and maintaining in situ native coral 
     propagation sites;
       ``(L) developing and maintaining ex situ coral propagation 
     nurseries and land-based coral gene banks to--
       ``(i) conserve or augment genetic diversity of native coral 
     populations;
       ``(ii) support captive breeding of rare coral species; or
       ``(iii) enhance resilience of native coral populations to 
     increasing ocean temperatures, ocean acidification, coral 
     bleaching, and coral diseases through selective breeding, 
     conditioning, or other approaches that target genes, gene 
     expression, phenotypic traits, or phenotypic plasticity; or
       ``(M) maintaining the structure and function of coral 
     reefs, including the reef matrix itself.
       ``(f) Funding Requirements.--To the extent practicable 
     based upon proposals for coral reef projects submitted to the 
     Administrator, the Administrator shall ensure that funding 
     for grants awarded under this section during a fiscal year is 
     distributed as follows:
       ``(1) Not less than 40 percent of funds available shall be 
     awarded for projects in the Pacific Ocean within the maritime 
     areas and zones subject to the jurisdiction or control of the 
     United States.
       ``(2) Not less than 40 percent of the funds available shall 
     be awarded for projects in the Atlantic Ocean, the Gulf of 
     Mexico, or the Caribbean Sea within the maritime areas and 
     zones subject to the jurisdiction or control of the United 
     States.
       ``(g) Project Reporting.--Each entity receiving a grant 
     under this section shall submit to the Administrator such 
     reports at such times and containing such information for 
     evaluating project performance as the Administrator may 
     require.
       ``(h) Task Force.--The Administrator may consult with the 
     Secretary of the Interior and the Task Force to obtain 
     guidance in establishing priorities and evaluating proposals 
     for coral reef projects under this section.

     ``SEC. 214. REPORTS ON ADMINISTRATION.

       ``(a) In General.--Not later than 2 years after the date of 
     the enactment of this section, and every 2 years thereafter, 
     the Administrator shall submit to the committees specified in 
     subsection (b) a report on the administration of this title 
     during the 2-year period preceding submission of the report, 
     including--
       ``(1) a description of all activities undertaken to 
     implement the most recent national coral reef resilience 
     strategy under section 204A;
       ``(2) a statement of all funds obligated under the 
     authorities of this title; and
       ``(3) a summary, disaggregated by State, of Federal and 
     non-Federal contributions toward the costs of each project or 
     activity funded, in full or in part, under the authorities of 
     this title.
       ``(b) Committees Specified.--The committees specified in 
     this subsection are--
       ``(1) the Committee on Commerce, Science, and 
     Transportation and the Committee on Appropriations of the 
     Senate; and
       ``(2) the Committee on Natural Resources and the Committee 
     on Appropriations of the House of Representatives.

     ``SEC. 215. AUTHORITY TO ENTER INTO AGREEMENTS.

       ``(a) In General.--The Administrator may enter into and 
     perform such contracts, leases, grants, or cooperative 
     agreements as may be necessary to carry out the purposes of 
     this title.
       ``(b) Cooperative Institutes.--
       ``(1) Designation.--The Administrator shall designate 2 
     cooperative institutes for the purpose of advancing and 
     sustaining essential capabilities in coral reef research, to 
     be known as the `Atlantic Coral Reef Institute' and the 
     `Pacific Coral Reef Institute'.
       ``(2) Membership.--Each institute established under 
     paragraph (1) shall be housed within a single coral reef 
     research center designated by the Administrator under 
     paragraph (4) in the Atlantic and Pacific basins, 
     respectively, and may contract with other coral reef research 
     centers within the same basin to support each institute's 
     capacity and reach.
       ``(3) Functions.--The institutes established under 
     paragraph (1) shall--

[[Page S5432]]

       ``(A) conduct federally directed research to fill national 
     and regional coral reef ecosystem research gaps and improve 
     understanding of, and responses to, continuing and emerging 
     threats to the resilience of United States coral reef 
     ecosystems consistent with the national coral reef resilience 
     strategy in effect under section 204A;
       ``(B) support ecological research and monitoring to study 
     the effects of conservation and restoration activities funded 
     by this title on promoting more effective coral reef 
     management and restoration; and
       ``(C) through agreements--
       ``(i) collaborate directly with governmental resource 
     management agencies, coral reef stewardship partnerships, 
     nonprofit organizations, and other coral reef research 
     centers designated under paragraph (4);
       ``(ii) assist in the development and implementation of--

       ``(I) the national coral reef resilience strategy under 
     section 204A;
       ``(II) coral reef action plans under section 205; and
       ``(III) coral reef emergency plans under section 209;

       ``(iii) build capacity within governmental resource 
     management agencies to establish research priorities and 
     translate and apply research findings to management and 
     restoration practices; and
       ``(iv) conduct public education and awareness programs for 
     policymakers, resource managers, and the general public on--

       ``(I) coral reefs and coral reef ecosystems;
       ``(II) best practices for coral reef ecosystem management 
     and restoration;
       ``(III) the value of coral reefs; and
       ``(IV) the threats to the sustainability of coral reef 
     ecosystems.

       ``(4) Coral reef research centers.--
       ``(A) In general.--The Administrator shall periodically 
     solicit applications and designate all qualifying 
     institutions in a covered State as coral reef research 
     centers.
       ``(B) Criteria.--An institution qualifies for designation 
     as a coral reef research center under subparagraph (A) if the 
     Administrator determines that the institution--
       ``(i) is operated by an institution of higher education;
       ``(ii) has established management-driven national or 
     regional coral reef research or restoration programs;
       ``(iii) has demonstrated abilities to coordinate closely 
     with appropriate Federal and State agencies, as well as other 
     academic and nonprofit organizations; and
       ``(iv) maintains significant local community engagement and 
     outreach programs related to coral reef ecosystems.
       ``(c) Use of Resources of Other Agencies.--The 
     Administrator may use, with consent and with or without 
     reimbursement, the land, services, equipment, personnel, and 
     facilities of any agency or instrumentality of--
       ``(1) the United States;
       ``(2) any State or local government;
       ``(3) any Indian Tribe; or
       ``(4) any foreign government not subject to economic 
     sanctions imposed by the United States.

     ``SEC. 216. CORAL REEF PRIZE COMPETITIONS.

       ``(a) In General.--The head of any Federal agency with a 
     representative serving on the U.S. Coral Reef Task Force 
     established by Executive Order No. 13089 (16 U.S.C. 6401 
     note; relating to coral reef protection), may, individually 
     or in cooperation with one or more agencies, carry out a 
     program to award prizes competitively under section 24 of the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3719).
       ``(b) Purposes.--Any program carried out under this section 
     shall be for the purpose of stimulating innovation to advance 
     the ability of the United States to understand, research, or 
     monitor coral reef ecosystems, or to develop management or 
     adaptation options to preserve, sustain, and restore coral 
     reef ecosystems.
       ``(c) Priority Programs.--Priority shall be given to 
     establishing programs under this section that address 
     communities, environments, or industries that are in distress 
     as a result of the decline or degradation of coral reef 
     ecosystems, including--
       ``(1) scientific research and monitoring that furthers the 
     understanding of causes behind coral reef decline and 
     degradation and the generally slow recovery following 
     disturbances;
       ``(2) the development of monitoring or management options 
     for communities or industries that are experiencing 
     significant financial hardship;
       ``(3) the development of adaptation options to alleviate 
     economic harm and job loss caused by damage to coral reef 
     ecosystems;
       ``(4) the development of measures to help vulnerable 
     communities or industries, with an emphasis on rural 
     communities and businesses; and
       ``(5) the development of adaptation and management options 
     for impacted tourism industries.

     ``SEC. 217. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There is authorized to be appropriated 
     to the Administrator $38,000,000 for each of fiscal years 
     2022 through 2026 to carry out this title, which shall remain 
     available until expended.
       ``(b) Administration.--Of the amounts authorized to be 
     appropriated under subsection (a), not more than the lesser 
     of $1,500,000 or 10 percent of such amounts is authorized to 
     be appropriated for program administration or for overhead 
     costs incurred by the National Oceanic and Atmospheric 
     Administration or the Department of Commerce and assessed as 
     an administrative charge.
       ``(c) Federally Directed Research and Coral Reef 
     Conservation Program Grants.--From the amounts authorized to 
     be appropriated under subsection (a), not less than 
     $8,000,000 is authorized to be appropriated for each of 
     fiscal years 2022 through 2026 to support purposes consistent 
     with this title, of which--
       ``(1) not less than $3,500,000 is authorized to be 
     appropriated for each such fiscal year for authorized 
     activities under section 213; and
       ``(2) not less than $4,500,000 is authorized to be 
     appropriated for each such fiscal year through cooperative 
     agreements with the cooperative institutes designated under 
     section 215(c).
       ``(d) Block Grants and Cooperative Agreements.--There is 
     authorized to be appropriated to the Administrator, 
     $15,000,000 for each of fiscal years 2022 through 2026, which 
     shall remain available until expended, to carry out section 
     207.

     ``SEC. 218. DEFINITIONS.

       ``In this title:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       ``(2) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Natural Resources of the House of 
     Representatives.
       ``(3) Conservation.--The term `conservation' means the use 
     of methods and procedures necessary to preserve or sustain 
     geographically appropriate corals and associated species as 
     diverse, viable, and self-perpetuating coral reef ecosystems 
     with minimal impacts from invasive species, including--
       ``(A) all activities associated with resource management, 
     such as monitoring, assessment, protection, restoration, 
     sustainable use, management of habitat, and maintenance or 
     augmentation of genetic diversity;
       ``(B) mapping;
       ``(C) scientific expertise and technical assistance in the 
     development and implementation of management strategies for 
     marine protected areas and marine resources consistent with 
     the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) 
     and the Magnuson-Stevens Fishery Conservation and Management 
     Act (16 U.S.C. 1801 et seq.);
       ``(D) law enforcement;
       ``(E) conflict resolution initiatives;
       ``(F) community outreach and education; and
       ``(G) promotion of safe and ecologically sound navigation 
     and anchoring.
       ``(4) Coral.--The term `coral' means species of the phylum 
     Cnidaria, including--
       ``(A) all species of the orders Antipatharia (black 
     corals), Scleractinia (stony corals), Alcyonacea (soft 
     corals, organ pipe corals, gorgonians), and Helioporacea 
     (blue coral), of the class Anthozoa; and
       ``(B) all species of the order Anthoathecata (fire corals 
     and other hydrocorals) of the class Hydrozoa.
       ``(5) Coral products.--The term `coral products' means any 
     living or dead specimens, parts, or derivatives, or any 
     product containing specimens, parts, or derivatives, of any 
     species referred to in paragraph (4).
       ``(6) Coral reef.--The term `coral reef' means calcium 
     carbonate structures in the form of a reef or shoal, composed 
     in whole or in part by living coral, skeletal remains of 
     coral, crustose coralline algae, and other associated sessile 
     marine plants and animals.
       ``(7) Coral reef ecosystem.--The term `coral reef 
     ecosystem' means--
       ``(A) corals and other geographically and ecologically 
     associated marine communities of other reef organisms 
     (including reef plants and animals) associated with coral 
     reef habitat; and
       ``(B) the biotic and abiotic factors and processes that 
     affect coral physiology, coral-algal symbiosis, and 
     biodiversity in such habitat.
       ``(8) Coral reef ecosystem services.--The term `coral reef 
     ecosystem services' means the attributes and benefits 
     provided by coral reef ecosystems including--
       ``(A) protection of coastal beaches, structures, and 
     infrastructure;
       ``(B) habitat for organisms of economic, ecological, 
     biomedical, medicinal, and cultural value;
       ``(C) serving as centers for the promulgation, performance, 
     and training of cultural practices representative of 
     traditional ecological knowledge; and
       ``(D) aesthetic value.
       ``(9) Covered reef manager.--
       ``(A) In general.--The term `covered reef manager' means a 
     management unit of a Federal agency specified in subparagraph 
     (B) with jurisdiction over a coral reef ecosystem, covered 
     State, or coral reef stewardship partnership.
       ``(B) Federal agencies specified.--A Federal agency 
     specified in this subparagraph is one of the following:
       ``(i) The National Oceanic and Atmospheric Administration.
       ``(ii) The National Park Service.
       ``(iii) The United States Fish and Wildlife Service.
       ``(iv) The Office of Insular Affairs.
       ``(10) Covered state.--The term `covered State' means 
     Florida, Hawaii, and the territories of American Samoa, the 
     Commonwealth of the Northern Mariana Islands, Guam, Puerto 
     Rico, and the United States Virgin Islands.

[[Page S5433]]

       ``(11) Indian tribe.--The term `Indian Tribe' has the 
     meaning given that term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       ``(12) Institution of higher education.--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).
       ``(13) Interested stakeholder groups.--The term `interested 
     stakeholder groups' includes community members such as 
     businesses, commercial and recreational fishermen, other 
     recreationalists, Federal, State, Tribal, and local 
     government units with related jurisdiction, institutions of 
     higher education, and nongovernmental organizations.
       ``(14) Nonprofit organization.--The term `nonprofit 
     organization' means an organization that is described in 
     section 501(c) of the Internal Revenue Code of 1986 and 
     exempt from tax under section 501(a) of such Code.
       ``(15) Restoration.--The term `restoration' means the use 
     of methods and procedures necessary to enhance, rehabilitate, 
     recreate, or create a functioning coral reef or coral reef 
     ecosystem, in whole or in part, within suitable waters of the 
     historical geographic range of such ecosystems, to provide 
     ecological, economic, cultural, or coastal resiliency 
     services associated with healthy coral reefs and benefit 
     native populations of coral reef organisms.
       ``(16) Resilience.--The term `resilience' means the 
     capacity for corals within their native range, coral reefs, 
     or coral reef ecosystems to resist and recover from natural 
     and human disturbances, and maintain structure and function 
     to provide coral reef ecosystem services as determined by 
     clearly identifiable, measurable, and science-based 
     standards.
       ``(17) State.--The term `State' means--
       ``(A) any State of the United States that contains a coral 
     reef ecosystem within its seaward boundaries;
       ``(B) American Samoa, the Commonwealth of the Northern 
     Mariana Islands, Guam, Puerto Rico, or the United States 
     Virgin Islands; or
       ``(C) any other territory of the United States or separate 
     sovereign in free association with the United States that 
     contains a coral reef ecosystem within its seaward 
     boundaries.
       ``(18) Stewardship.--The term `stewardship', with respect 
     to a coral reef, includes conservation, restoration, and 
     public outreach and education.
       ``(19) Task force.--The term `Task Force' means the United 
     States Coral Reef Task Force.
       ``(20) Tribal organization.--The term `Tribal organization' 
     has the meaning given the term `tribal organization' in 
     section 3765 of title 38, United States Code.''.
       (c) Conforming Amendment to National Oceans and Coastal 
     Security Act.--Section 905(a) of the National Oceans and 
     Coastal Security Act (16 U.S.C. 7504(a)) is amended by 
     striking ``and coastal infrastructure'' and inserting ``, 
     coastal infrastructure, and ecosystem services provided by 
     natural systems such as coral reefs''.

     SEC. __14A. MODIFICATION TO SECTION 204 OF THE CORAL REEF 
                   CONSERVATION ACT OF 2000.

       Section 204 of the Coral Reef Conservation Act of 2000 (16 
     U.S.C. 6403) is amended--
       (1) in subsection (a), by striking ``this section'' and 
     inserting ``section 213''; and
       (2) by striking subsections (c) through (j).

            Subtitle E--United States Coral Reef Task Force

     SEC. __15. ESTABLISHMENT.

       There is established a task force to lead, coordinate, and 
     strengthen Federal Government actions to better preserve, 
     conserve, and restore coral reef ecosystems, to be known as 
     the ``United States Coral Reef Task Force'' (in this subtitle 
     referred to as the ``Task Force'').

     SEC. __15A. DUTIES.

       The duties of the Task Force shall be--
       (1) to coordinate, in cooperation with State, Tribal, and 
     local government partners, coral reef research centers 
     designated under section 215(c) of the Coral Reef 
     Conservation Act of 2000 (as amended by subtitle D), and 
     other nongovernmental and academic partners as appropriate, 
     activities regarding the mapping, monitoring, research, 
     conservation, mitigation, and restoration of coral reefs and 
     coral reef ecosystems;
       (2) to monitor and advise regarding implementation of the 
     policy and Federal agency responsibilities set forth in--
       (A) Executive Order No. 13089 (63 Fed. Reg. 32701; relating 
     to coral reef protection); and
       (B) the national coral reef resilience strategy developed 
     under section 204A of the Coral Reef Conservation Act of 
     2000, as amended by subtitle D;
       (3) to work with the Secretary of State and the 
     Administrator of the United States Agency for International 
     Development, and in coordination with the other members of 
     the Task Force--
       (A) to assess the United States role in international trade 
     and protection of coral species;
       (B) to encourage implementation of appropriate strategies 
     and actions to promote conservation and sustainable use of 
     coral reef resources worldwide; and
       (C) to collaborate with international communities 
     successful in managing coral reefs;
       (4) to provide technical assistance for the development and 
     implementation, as appropriate, of--
       (A) the national coral reef resilience strategy under 
     section 204A of the Coral Reef Conservation Act of 2000, as 
     amended by subtitle D;
       (B) coral reef action plans under section 205 of that Act; 
     and
       (C) coral reef emergency plans under section 209 of that 
     Act; and
       (5) to produce a report each year, for submission to the 
     appropriate congressional committees and publication on a 
     publicly available internet website of the Task Force, 
     highlighting the status of the coral reef equities of a 
     covered State on a rotating basis, including--
       (A) a summary of recent coral reef management and 
     restoration activities undertaken in that State; and
       (B) updated estimates of the direct and indirect economic 
     activity supported by, and other benefits associated with, 
     those coral reef equities.

     SEC. __15B. MEMBERSHIP.

       (a) Voting Membership.--The Task Force shall have the 
     following voting members:
       (1) The Secretary of Commerce, acting through the 
     Administrator of the National Oceanic and Atmospheric 
     Administration, and the Secretary of the Interior, who shall 
     be co-chairs of the Task Force.
       (2) The Administrator of the United States Agency for 
     International Development.
       (3) The Secretary of Agriculture.
       (4) The Secretary of Defense.
       (5) The Secretary of the Army, acting through the Assistant 
     Secretary of the Army for Civil Works.
       (6) The Secretary of Homeland Security, acting through the 
     Administrator of the Federal Emergency Management Agency.
       (7) The Commandant of the Coast Guard.
       (8) The Attorney General.
       (9) The Secretary of State.
       (10) The Secretary of Transportation.
       (11) The Administrator of the Environmental Protection 
     Agency.
       (12) The Ambassador of the United States Trade 
     Representative.
       (13) The Administrator of the National Aeronautics and 
     Space Administration.
       (14) The Director of the National Science Foundation.
       (15) The Governor, or a representative of the Governor, of 
     each covered State.
       (b) Nonvoting Members.--The Task Force shall have the 
     following nonvoting members:
       (1) A member appointed by the President of the Federated 
     States of Micronesia.
       (2) A member appointed by the President of the Republic of 
     the Marshall Islands.
       (3) A member appointed by the President of the Republic of 
     Palau.

     SEC. __15C. RESPONSIBILITIES OF FEDERAL AGENCY MEMBERS.

       (a) In General.--A member of the Task Force specified in 
     paragraphs (1) through (15) of section __15B(a) shall--
       (1) identify the actions of the agency that member 
     represents that may affect coral reef ecosystems;
       (2) utilize the programs and authorities of that agency to 
     protect and enhance the conditions of such ecosystems, 
     including through the promotion of basic and applied 
     scientific research;
       (3) collaborate with the Task Force to appropriately 
     reflect budgetary needs for coral reef conservation and 
     restoration activities in all agency budget planning and 
     justification documents and processes; and
       (4) engage in any other coordinated efforts approved by the 
     Task Force.
       (b) Co-Chairs.--In addition to their responsibilities under 
     subsection (a), the co-chairs of the Task Force shall 
     administer performance of the functions of the Task Force and 
     facilitate the coordination of the members of the Task Force 
     specified in paragraphs (1) through (15) of section __15B(a).

     SEC. __15D. WORKING GROUPS.

       (a) In General.--The co-chairs of the Task Force may 
     establish working groups as necessary to meet the goals and 
     carry out the duties of the Task Force.
       (b) Requests From Members.--The members of the Task Force 
     may request that the co-chairs establish a working group 
     under subsection (a).
       (c) Participation by Nongovernmental Organizations.--The 
     co-chairs may allow nongovernmental organizations as 
     appropriate, including academic institutions, conservation 
     groups, and commercial and recreational fishing associations, 
     to participate in a working group established under 
     subsection (a).
       (d) Nonapplicability of Federal Advisory Committee Act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to working groups established under this section.

     SEC. __15E. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Commerce, Science, and Transportation of the Senate and 
     the Committee on Natural Resources of the House of 
     Representatives.
       (2) Conservation, coral, coral reef, etc.--The terms 
     ``conservation'', ``coral'', ``coral reef'', ``coral reef 
     ecosystem'', ``covered State'', ``restoration'', 
     ``resilience'', and ``State'' have the meaning given those 
     terms in section 218 of the Coral Reef Conservation Act of 
     2000, as amended by subtitle D.

     Subtitle F--Department of the Interior Coral Reef Authorities

     SEC. __16. CORAL REEF CONSERVATION AND RESTORATION 
                   ASSISTANCE.

       (a) In General.--The Secretary of the Interior, in addition 
     to activities authorized

[[Page S5434]]

     under section 203 of the Coral Reef Conservation Act of 2000, 
     as amended by this title, may provide scientific expertise, 
     technical assistance, and financial assistance for the 
     conservation and restoration of coral reefs consistent with 
     all applicable laws governing resource management in Federal, 
     State, and Tribal waters, including--
       (1) the national coral reef resilience strategy in effect 
     under section 204A of the Coral Reef Conservation Act of 
     2000, as amended by this title;
       (2) coral reef action plans in effect under section 205 of 
     that Act, as applicable; and
       (3) coral reef emergency plans in effect under section 209 
     of that Act, as applicable.
       (b) Office of Insular Affairs Coral Reef Initiative.--The 
     Secretary of the Interior may establish within the Office of 
     Insular Affairs a Coral Reef Initiative Program--
       (1) to provide grant funding to support local management, 
     conservation, and protection of coral reef ecosystems in--
       (A) insular areas of covered States; and
       (B) Freely Associated States;
       (2) to complement the other conservation and assistance 
     activities conducted under this subtitle; and
       (3) to provide other technical, scientific, and financial 
     assistance and conduct conservation activities that advance 
     the purpose of this subtitle.
       (c) Consultation With the Department of Commerce.--The 
     Secretary of the Interior may consult with the Secretary of 
     Commerce regarding the conduct of any activities to conserve 
     and restore coral reefs and coral reef ecosystems in waters 
     managed under the jurisdiction of the Federal agencies 
     specified in paragraphs (2) and (3) of section 203(c) of the 
     Coral Reef Conservation Act of 2000, as amended by this 
     title.
       (d) Cooperative Agreements.--The Secretary of the Interior 
     may enter into cooperative agreements with covered reef 
     managers to fund coral reef conservation and restoration 
     activities in waters managed under the jurisdiction of such 
     managers that--
       (1) are consistent with the national coral reef resilience 
     strategy in effect under section 204A of the Coral Reef 
     Conservation Act of 2000, as amended by this title; and
       (2) support and enhance the success of--
       (A) coral reef action plans in effect under section 205 of 
     that Act; and
       (B) coral reef emergency plans in effect under section 209 
     of that Act.
       (e) Definitions.--In this section, the terms 
     ``conservation'', ``coral reef'', ``covered reef manager'', 
     ``covered State'', ``restoration'', and ``State'' have the 
     meaning given those terms in section 218 of the Coral Reef 
     Conservation Act of 2000, as amended by this title.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of the Interior to carry 
     out this subtitle for each of fiscal years 2023 to 2027, 
     $4,000,000.

Subtitle G--Susan L. Williams National Coral Reef Management Fellowship

     SEC. __17. DEFINITIONS.

       In this subtitle:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       (2) Fellow.--The term ``fellow'' means a National Coral 
     Reef Management Fellow.
       (3) Fellowship.--The term ``fellowship'' means the National 
     Coral Reef Management Fellowship established in section 
     __17A.
       (4) Indian tribe; tribal organization.--The terms ``Indian 
     Tribe'' and ``Tribal organization'' have the meanings given 
     those terms in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5304).

     SEC. __17A. ESTABLISHMENT OF FELLOWSHIP PROGRAM.

       (a) In General.--There is established a National Coral Reef 
     Management Fellowship Program.
       (b) Purposes.--The purposes of the fellowship are--
       (1) to encourage future leaders of the United States to 
     develop additional coral reef management capacity in States 
     and local communities with coral reefs;
       (2) to provide management agencies of States, Tribal 
     organizations, and Freely Associated States with highly 
     qualified candidates whose education and work experience meet 
     the specific needs of each State, Indian Tribe, and Freely 
     Associated State; and
       (3) to provide fellows with professional experience in 
     management of coastal and coral reef resources.

     SEC. __17B. FELLOWSHIP AWARDS.

       (a) In General.--The Administrator, in coordination with 
     the Secretary of the Interior, shall award the fellowship in 
     accordance with this section.
       (b) Term of Fellowship.--A fellowship awarded under this 
     section shall be for a term of not more than 24 months.
       (c) Qualifications.--The Administrator, in coordination 
     with the Secretary of the Interior, shall award the 
     fellowship to individuals who have demonstrated--
       (1) an intent to pursue a career in marine services and 
     outstanding potential for such a career;
       (2) leadership potential, actual leadership experience, or 
     both;
       (3) a college or graduate degree in biological science, 
     experience that correlates with aptitude and interest for 
     marine management, or both;
       (4) proficient writing and speaking skills; and
       (5) such other attributes as the Administrator, in 
     coordination with the Secretary of the Interior, consider 
     appropriate.

     SEC. __17C. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the 
     Administrator to carry out this subtitle for each of fiscal 
     years 2022 through 2026, $1,500,000, to remain available 
     until expended.

                    Subtitle H--Buy American Seafood

     SEC. __18. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) American wild-caught seafood is integral to the 
     Nation's food supply and to American food security;
       (2) the seafood supply chain is often long and complex;
       (3) American caught and American-processed seafood 
     especially from small-scale fishery operations, can be a 
     sustainable healthy source of protein and micronutrients;
       (4) fresh, frozen, dried, and canned domestic seafood can 
     be produced, processed, packaged, and transported in a manner 
     that has a low carbon footprint;
       (5) marine species that are small, at lower trophic levels, 
     and pelagic typically have the smallest carbon footprint; and
       (6) therefore, any executive agency that purchases seafood 
     products should, to the extent practicable, buy local 
     American-caught or American-harvested and American-processed 
     seafood products from fisheries that are not overfished or 
     experiencing overfishing, in order to support sustainable 
     local seafood businesses, reduce greenhouse gas emissions 
     associated with the seafood product supply chain, and reduce 
     dependence on imported seafood products.

     SEC. __18A. CAUGHT IN THE USA.

       Section 2(c)(1) of the Act of August 11, 1939 (15 U.S.C. 
     713c-3(c)(1)) is amended to read as follows:
       ``(1) The Secretary shall make grants from the fund 
     established under subsection (b) to--
       ``(A) assist persons in carrying out research and 
     development projects addressed to any aspect of United States 
     marine fisheries, including harvesting, processing, 
     packaging, marketing, and associated infrastructures; or
       ``(B) assist persons to market and promote the consumption 
     of--
       ``(i) local or domestic marine fishery products;
       ``(ii) environmentally and climate-friendly marine fishery 
     products that minimize and employ efforts to avoid bycatch 
     and impacts on marine mammals;
       ``(iii) invasive species; or
       ``(iv) well-managed but less known species.''.

                      Subtitle I--Insular Affairs

     SEC. __19. OCEAN AND COASTAL MAPPING INTEGRATION ACT.

       Section 12204 of the Ocean and Coastal Mapping Integration 
     Act (33 U.S.C. 3503) is amended--
       (1) in paragraph (12) by striking ``and'';
       (2) in paragraph (13) by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(14) the study of insular areas and the effects of 
     climate change.''.

                    Subtitle J--Studies and Reports

     SEC. __20. DEEP SEA MINING.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Commerce, acting through the 
     Administrator of the National Oceanic and Atmospheric 
     Administration, shall seek to enter into an agreement with 
     the National Academies of Science, Engineering, and Medicine 
     to conduct a comprehensive assessment of the environmental 
     impacts of deep seabed mining, including--
       (1) characterization of deep seabed ecosystems;
       (2) assessment of potential impacts to deep seabed habitat 
     and species from exploratory or extractive activities;
       (3) assessment of the potential impacts of sediment plumes 
     from disturbance of the deep seabed on the pelagic food 
     chain; and
       (4) approximate quantification of the greenhouse gas 
     emissions associated with deep seabed mining, including 
     emissions possibly from the release of greenhouse gases 
     sequestered in the seabed.

     SEC. __20A. NATIONAL ACADEMIES ASSESSMENT OF OCEANIC BLUE 
                   CARBON.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Commerce, acting through the 
     Administrator of the National Oceanic and Atmospheric 
     Administration shall seek to enter into an agreement with the 
     National Academies of Science, Engineering, and Medicine to 
     conduct a comprehensive assessment of oceanic blue carbon, 
     including--
       (1) the impacts of marine species decline on carbon 
     sequestration potential in ocean ecosystems, an estimate of 
     the global carbon dioxide mitigation potential of protecting 
     or recovering populations of fish and marine mammals, and the 
     ecological considerations of such conservation strategies;
       (2) an analysis of the geologic stores of carbon and deep 
     sea storage of dissolved carbon in the deep seafloor 
     environment, including current and potential natural long-
     term carbon storage, identification of gaps in scientific 
     understanding, observations, and data regarding such geologic 
     and deep sea carbon storage; and
       (3) the potential impacts to oceanic blue carbon storage by 
     human activities including energy development activities, 
     deep sea

[[Page S5435]]

     mining, deep sea carbon capture technology, and other 
     disturbances to the sea floor and gas hydrate disruption atop 
     the seabed.

     SEC. __20B. NATIONAL ACADEMIES ASSESSMENT OF OIL SPILLS AND 
                   PLASTIC INGESTION ON SEA LIFE.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Commerce, acting through the 
     Administrator of the National Oceanic and Atmospheric 
     Administration, shall seek to enter into an agreement with 
     the National Academies of Science, Engineering, and Medicine 
     to conduct a comprehensive assessment of the environmental 
     impacts of plastic ingestion and oil and other fossil fuel 
     spills on sea life, including--
       (1) assessment of the potential health and ecological 
     impacts of plastic ingestion on marine life;
       (2) assessment of the types of plastics most commonly 
     ingested by marine life and the types that have the most 
     damaging health and ecosystem impacts, and recommendations 
     for preventing and eliminating these plastics from the 
     environment;
       (3) quantification of the economic impacts of plastic 
     pollution including the costs of cleanup, impacts on lost 
     tourism, impacts on aquaculture and fishing, and other 
     economic impacts identified by the Academy;
       (4) assessment and quantification of the health and 
     ecological impacts oil and other fossil fuel spills, flares, 
     pipeline leaks, and extraction, including greenhouse gas 
     emissions, have on marine life;
       (5) quantification of the cost and effectiveness of 
     cleaning up oil and other fossil fuel spills, flares, and 
     pipeline leaks, and repairing damage to marine life, coasts, 
     and businesses;
       (6) quantification of the number of people employed in 
     fossil fuel extraction on Federal waters with breakdown by 
     State;
       (7) quantification of the number of people employed in 
     marine tourism and the blue economy, including the fishing 
     and seafood industries, impacted by plastic, oil, and other 
     fossil fuel pollution; and
       (8) assessment and quantification of riverine sources of 
     coastal plastic pollution in the United States, including a 
     breakdown by sources that includes but is not limited to the 
     Mississippi River.

     SEC. __20C. OFFSHORE AQUACULTURE.

       Not later than 24 months after the date of enactment of 
     this Act, the Secretary of Commerce, acting through the 
     Administrator of the National Oceanic and Atmospheric 
     Administration, shall enter into an agreement with the Board 
     of Ocean Studies and Board Science, Technology, and Economic 
     Policy of the National Academies of Sciences, Engineering, 
     and Medicine to conduct a comprehensive assessment on the 
     development of offshore aquaculture in the exclusive economic 
     zone including--
       (1) assessment of the potential environmental impacts of 
     offshore aquaculture operations, including an evaluation on 
     the risks of siting, water pollution, habitat impact, escape 
     of farmed species on wild population stocks, waste treatment 
     and disposal, feed operations, and the cumulative risks of 
     multiple aquaculture operations in shared ecosystems;
       (2) evaluation of the potential for offshore aquaculture to 
     serve as a tool for environmental management, including 
     connections to water quality, watershed management, and 
     fishery conservation and management;
       (3) identification of existing control technologies, 
     management practices and regulatory strategies to minimize 
     the environmental impact of offshore aquaculture operations, 
     including from traditional aquaculture methods and practices 
     of Native Americans, Alaska Natives, and Native Hawaiians;
       (4) recommending best management practices related to 
     sustainable feed for the offshore aquaculture industry, 
     including best practices for sourcing from sustainably 
     managed fisheries and traceability of source fish meal 
     ingredients;
       (5) evaluation of the potential impact of offshore 
     aquaculture on the economies of coastal communities, 
     particularly those dependent on traditional fishery 
     resources; and
       (6) assessment of the impacts of growing international 
     offshore aquaculture operations on the United States seafood 
     market and domestic seafood producers, including dependence 
     of the United States on foreign-sourced seafood.

     SEC. __20D. EXPANDING OPPORTUNITIES TO INCREASE THE 
                   DIVERSITY, EQUITY, AND INCLUSION OF HIGHLY 
                   SKILLED SCIENCE, TECHNOLOGY, ENGINEERING, AND 
                   MATHEMATICS (``STEM'') PROFESSIONALS IN OCEAN 
                   RESEARCH AND DEVELOPMENT.

       (a) In General.--The Secretary of Commerce shall expand 
     opportunities to increase the number and the diversity, 
     equity, and inclusion of highly skilled science, technology, 
     engineering, and mathematics (``STEM'') professionals working 
     in National Oceanic and Atmospheric Administration mission-
     relevant disciplines and broaden the recruitment pool to 
     increase diversity, including expanded partnerships with 
     minority-serving institutions, historically Black colleges 
     and universities, Tribal colleges and universities, non-
     research universities, two-year technical degrees, and 
     scientific societies.
       (b) Authorization of Independent Organization.--The 
     Secretary shall authorize a nonpartisan and independent 
     501(c)(3) organization to build the public-private 
     partnerships necessary to achieve these priorities.
       (c) Definitions.--In this section:
       (1) Minority-serving institution.--The term ``minority-
     serving institution'' includes the entities described in 
     paragraphs (1) through (7) of section 371(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1067q(a)).
       (2) Historically black colleges and universities.--The term 
     ``historically Black colleges and universities'' has the 
     meaning given the term ``part B institution'' in section 322 
     of the Higher Education Act of 1965 (20 U.S.C. 1061).
       (3) Tribal colleges and universities.--The term ``Tribal 
     college or university'' has the meaning given such term in 
     section 316 of the Higher Education Act of 1965 (20 U.S.C. 
     1059c).

     SEC. __20E. STUDY ON EFFECTS OF 6PPD-QUINONE.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Commerce, acting through the 
     Administrator of the National Oceanic and Atmospheric 
     Administration, shall seek to enter into an agreement with 
     the National Academies of Science, Engineering, and Medicine 
     to conduct a study on the effects of 6PPD-quinone on 
     salmonids, aquatic species, and watersheds, including an 
     economic analysis of declining salmon populations in the 
     United States and the effect of such declining populations 
     have on importation of salmon from other countries.

                Subtitle K--Shark Fin Sales Elimination

     SEC. __21. SHARK FIN SALES ELIMINATION.

       (a) Prohibition on Sale of Shark Fins.--
       (1) Prohibition.--Except as provided in subsection (c), no 
     person shall possess, acquire, receive, transport, offer for 
     sale, sell, or purchase shark fins or products containing 
     shark fins.
       (2) Penalty.--A violation of paragraph (1) shall be treated 
     as an act prohibited by section 307 of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1857) and 
     shall be penalized pursuant to section 308 of that Act (16 
     U.S.C. 1858).
       (b) Exceptions.--A person may possess a shark fin that was 
     taken lawfully under a State, territorial, or Federal license 
     or permit to take or land sharks, if the shark fin was 
     separated after the first point of landing in a manner 
     consistent with the license or permit and is--
       (1) destroyed or disposed of immediately upon separation 
     from the carcass;
       (2) used for noncommercial subsistence purposes in 
     accordance with State or territorial law; or
       (3) used solely for display or research purposes by a 
     museum, college, or university, or other person under a State 
     or Federal permit to conduct noncommercial scientific 
     research.
       (c) Dogfish.--
       (1) In general.--It shall not be a violation of subsection 
     (b) for any person to possess, acquire, receive, transport, 
     offer for sale, sell, or purchase any fresh or frozen 
     unprocessed fin or tail from any stock of the species 
     Mustelus canis (smooth dogfish) or Squalus acanthias (spiny 
     dogfish).
       (2) Report.--By not later than January 1, 2027, the 
     Secretary of Commerce shall review the exemption contained in 
     paragraph (1) and shall prepare and submit to Congress a 
     report that includes a recommendation on whether the 
     exemption contained in paragraph (1) should continue or be 
     terminated. In preparing such report and making such 
     recommendation, the Secretary shall analyze factors 
     including--
       (A) the economic viability of dogfish fisheries with and 
     without the continuation of the exemption;
       (B) the impact to ocean ecosystems of continuing or 
     terminating the exemption;
       (C) the impact on enforcement of the ban contained in 
     subsection (b) caused by the exemption; and
       (D) the impact of the exemption on shark conservation.
       (d) Definition of Shark Fin.--In this section, the term 
     ``shark fin'' means--
       (1) the unprocessed or dried or otherwise processed 
     detached fin of a shark; or
       (2) the unprocessed or dried or otherwise processed 
     detached tail of a shark.
       (e) Enforcement.--The provisions of this section, and any 
     regulations issued pursuant thereto, shall be enforced by the 
     Secretary of Commerce. The Secretary may use by agreement, 
     with or without reimbursement, the personnel, services, 
     equipment, and facilities of any other Federal agency or any 
     State agency or Indian Tribe for purposes of enforcing this 
     section.
       (f) State Authority.--Nothing in this section may be 
     construed to preclude, deny, or limit any right of a State or 
     territory to adopt or enforce any regulation or standard that 
     is more stringent than a regulation or standard in effect 
     under this section.
       (g) Severability.--If any provision of this section or its 
     application to any person or circumstance is held invalid, 
     the invalidity does not affect other provisions or 
     applications of this section which can be given effect 
     without the invalid provision or application, and to this end 
     the provisions of this section are severable.

 Subtitle L--Bolstering Long-term Understanding and Exploration of the 
                Great Lakes, Oceans, Bays, and Estuaries

     SEC. __22. PURPOSE.

       The purpose of this subtitle is to promote and support--
       (1) the monitoring, understanding, and exploration of the 
     Great Lakes, oceans, bays, estuaries, and coasts; and

[[Page S5436]]

       (2) the collection, analysis, synthesis, and sharing of 
     data related to the Great Lakes, oceans, bays, estuaries, and 
     coasts to facilitate science and operational decision making.

     SEC. __22A. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) agencies should optimize data collection, management, 
     and dissemination, to the extent practicable, to maximize 
     their impact for research, commercial, regulatory, and 
     educational benefits and to foster innovation, scientific 
     discoveries, the development of commercial products, and the 
     development of sound policy with respect to the Great Lakes, 
     oceans, bays, estuaries, and coasts;
       (2) agencies should consider current and future needs 
     relating to supercomputing capacity, data storage capacity, 
     and public access, address gaps in those areas, and 
     coordinate across agencies as needed;
       (3) the United States is a leading member of the 
     Intergovernmental Oceanographic Commission of the United 
     Nations Educational, Scientific and Cultural Organization, a 
     founding member of the Atlantic Ocean Research Alliance, and 
     a key partner in developing the United Nations Decade of 
     Ocean Science for Sustainable Development;
       (4) the Integrated Ocean Observing System and the Global 
     Ocean Observing System are key assets and networks that 
     bolster understanding of the marine environment;
       (5) the National Oceanographic Partnership Program is a 
     meaningful venue for collaboration and coordination among 
     Federal agencies, scientists, and ocean users;
       (6) the National Centers for Environmental Information of 
     the National Oceanic and Atmospheric Administration should be 
     looked to by other Federal agencies as a primary, centralized 
     repository for Federal ocean data;
       (7) the Marine Cadastre, a joint effort of the National 
     Oceanic and Atmospheric Administration and the Bureau of 
     Ocean Energy Management, provides access to data and 
     information for specific issues and activities in ocean 
     resources management to meet the needs of offshore energy and 
     planning efforts;
       (8) the regional associations of the Integrated Ocean 
     Observing System, certified by the National Oceanic and 
     Atmospheric Administration for the quality and reliability of 
     their data, are important sources of observation information 
     for the Great Lakes, oceans, bays, estuaries, and coasts; and
       (9) the Regional Ocean Partnerships and regional data 
     portals, which provide publicly available tools such as maps, 
     data, and other information to inform decisions and enhance 
     marine development, should be supported by and viewed as 
     collaborators with Federal agencies and ocean users.

     SEC. __22B. DEFINITION OF ADMINISTRATOR.

       In this subtitle, the term ``Administrator'' means the 
     Under Secretary of Commerce for Oceans and Atmosphere in the 
     Under Secretary's capacity as Administrator of the National 
     Oceanic and Atmospheric Administration.

     SEC. __22C. INCREASED COORDINATION AMONG AGENCIES WITH 
                   RESPECT TO DATA AND MONITORING.

       (a) Interagency Ocean Observation Committee.--In addition 
     to its responsibilities as of the date of the enactment of 
     this Act, and in consultation with the associated advisory 
     committee authorized by section 12304(d) of the Integrated 
     Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 
     3603(d)), the Interagency Ocean Observation Committee shall--
       (1) work with international coordinating bodies, as 
     necessary, to ensure robust, direct measurements of the Great 
     Lakes, oceans, bays, estuaries, and coasts, including 
     oceanographic data; and
       (2) support cross-agency and multi-platform synergy, by 
     coordinating overlapping data collection by satellites, 
     buoys, submarines, gliders, vessels, and other data 
     collection vehicles and technologies.
       (b) Federal Geographic Data Committee.--In addition to its 
     responsibilities as of the date of the enactment of this Act, 
     and in consultation with the National Geospatial Advisory 
     Committee, the Federal Geographic Data Committee shall--
       (1) work with international coordinating bodies, as 
     necessary, to ensure robust, continuous measurements of the 
     Great Lakes, oceans, bays, estuaries, and coasts, including 
     satellite and geospatial data; and
       (2) support new and old data and metadata certification, 
     quality assurance, quality control, integration, and 
     archiving.
       (c) Interagency Committee on Ocean and Coastal Mapping.--In 
     addition to its responsibilities as of the date of the 
     enactment of this Act, and in consultation with its 
     associated advisory panel authorized by section 12203(g) of 
     the Ocean and Coastal Mapping Integration Act (33 U.S.C. 
     3502(g)), the Interagency Committee on Ocean and Coastal 
     Mapping shall--
       (1) work with international coordinating bodies, as 
     necessary, to ensure robust, continuous satellite and direct 
     measurements of the Great Lakes, oceans, bays, estuaries, and 
     coasts, including bathymetric data; and
       (2) make recommendations on how to make data, metadata, and 
     model output accessible to a broader public audience, 
     including through geographic information system layers, 
     graphics, and other visuals.

     SEC. __22D. TECHNOLOGY INNOVATION TO COMBAT ILLEGAL, 
                   UNREPORTED, AND UNREGULATED FISHING.

       (a) Definitions.--Section 3532 of the Maritime Security and 
     Fisheries Enforcement Act (16 U.S.C. 8001) is amended--
       (1) by redesignating paragraphs (6) through (13) as 
     paragraphs (7) through (14), respectively; and
       (2) by inserting after paragraph (5) the following:
       ``(6) Innovative technologies.--The term `innovative 
     technologies' includes the following:
       ``(A) Improved satellite imagery and tracking.
       ``(B) Advanced electronic monitoring equipment.
       ``(C) Vessel location data.
       ``(D) Improved genetic, molecular, or other biological 
     methods of tracking sources of seafood.
       ``(E) Electronic catch documentation and traceability.
       ``(F) Such other technologies as the Administrator of the 
     National Oceanic and Atmospheric Administration considers 
     appropriate.''.
       (b) Technology Programs.--Section 3546 of the Maritime 
     Security and Fisheries Enforcement Act (16 U.S.C. 8016) is 
     amended--
       (1) in paragraph (3), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(5) coordinating the application of existing innovative 
     technologies and the development of emerging innovative 
     technologies.''.

     SEC. __22E. WORKFORCE STUDY.

       (a) In General.--Section 303(a) of the America COMPETES 
     Reauthorization Act of 2010 (33 U.S.C. 893c(a)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``Secretary of Commerce'' and inserting ``Under Secretary of 
     Commerce for Oceans and Atmosphere'';
       (2) in paragraph (2), by inserting ``, skillsets, or 
     credentials'' after ``degrees'';
       (3) in paragraph (3), by inserting ``or highly qualified 
     technical professionals and tradespeople'' after 
     ``atmospheric scientists'';
       (4) in paragraph (4), by inserting ``, skillsets, or 
     credentials'' after ``degrees'';
       (5) in paragraph (5)--
       (A) by striking ``scientist''; and
       (B) by striking ``; and'' and inserting ``, observations, 
     and monitoring;''
       (6) in paragraph (6), by striking ``into Federal'' and all 
     that follows and inserting ``, technical professionals, and 
     tradespeople into Federal career positions;''
       (7) by redesignating paragraphs (2) through (6) as 
     paragraphs (3) through (7), respectively;
       (8) by inserting after paragraph (1) the following:
       ``(2) whether there is a shortage in the number of 
     individuals with technical or trade-based skillsets or 
     credentials suited to a career in oceanic and atmospheric 
     data collection, processing, satellite production, or 
     satellite operations;''; and
       (9) by adding at the end the following:
       ``(8) workforce diversity and actions the Federal 
     Government can take to increase diversity in the scientific 
     workforce; and
       ``(9) actions the Federal Government can take to shorten 
     the hiring backlog for such workforce.''.
       (b) Coordination.--Section 303(b) of the America COMPETES 
     Reauthorization Act of 2010 (33 U.S.C. 893c(b)) is amended by 
     striking ``Secretary of Commerce'' and inserting ``Under 
     Secretary of Commerce for Oceans and Atmosphere''.
       (c) Report.--Section 303(c) of the America COMPETES 
     Reauthorization Act of 2010 (33 U.S.C. 893c(c)) is amended--
       (1) by striking ``the date of enactment of this Act'' and 
     inserting ``the date of the enactment of the Coast Guard 
     Authorization Act of 2022'';
       (2) by striking ``Secretary of Commerce'' and inserting 
     ``Under Secretary of Commerce for Oceans and Atmosphere''; 
     and
       (3) by striking ``to each committee'' and all that follows 
     through ``section 302 of this Act'' and inserting ``to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Natural Resources and the 
     Committee on Science, Space, and Technology of the House of 
     Representatives''.
       (d) Program and Plan.--Section 303(d) of the America 
     COMPETES Reauthorization Act of 2010 (33 U.S.C. 893c(d)) is 
     amended--
       (1) by striking ``Administrator of the National Oceanic and 
     Atmospheric Administration'' and inserting ``Under Secretary 
     of Commerce for Oceans and Atmosphere''; and
       (2) by striking ``academic partners'' and all that follows 
     and inserting ``academic partners.''.

     SEC. __22F. ACCELERATING INNOVATION AT COOPERATIVE 
                   INSTITUTES.

       (a) Focus on Emerging Technologies.--The Administrator of 
     the National Oceanic and Atmospheric Administration shall 
     ensure that the goals of the Cooperative Institutes of the 
     National Oceanic and Atmospheric Administration include 
     focusing on advancing or applying emerging technologies, 
     which may include--
       (1) applied uses and development of real-time and other 
     advanced genetic technologies and applications, including 
     such technologies and applications that derive genetic 
     material directly from environmental samples without any 
     obvious signs of biological source material;
       (2) deployment of, and improvements to, the durability, 
     maintenance, and other

[[Page S5437]]

     lifecycle concerns of advanced unmanned vehicles, regional 
     small research vessels, and other research vessels that 
     support and launch unmanned vehicles and sensors; and
       (3) supercomputing and big data management, including data 
     collected through electronic monitoring and remote sensing.
       (b) Data Sharing.--Each Cooperative Institute shall ensure 
     that data collected from the work of the institute, other 
     than classified, confidential, or proprietary data, are 
     archived and made publicly accessible.
       (c) Coordination With Other Programs.--The Cooperative 
     Institutes shall work with the Interagency Ocean Observation 
     Committee, the regional associations of the Integrated Ocean 
     Observing System, and other ocean observing programs to 
     coordinate technology needs and the transition of new 
     technologies from research to operations.

     SEC. __22G. OCEAN INNOVATION PRIZE AND PRIORITIZATION.

       (a) Ocean Innovative Prizes.--Not later than 4 years after 
     the date of the enactment of this Act, and under the 
     authority provided by section 24 of the Stevenson-Wydler 
     Technology Innovation Act of 1980 (15 U.S.C. 3719), the 
     Administrator of the National Oceanic and Atmospheric 
     Administration, in consultation with the heads of relevant 
     Federal agencies, including the Secretary of Defense, and in 
     conjunction with nongovernmental partners, as appropriate and 
     at the discretion of the Administrator, shall establish at 
     least one Ocean Innovation Prize to catalyze the rapid 
     development and deployment of data collection and monitoring 
     technology related to the Great Lakes, oceans, bays, 
     estuaries, and coasts in at least one of the areas specified 
     in subsection (b).
       (b) Areas.--The areas specified in this subsection are the 
     following:
       (1) Improved eDNA analytics and deployment with autonomous 
     vehicles.
       (2) Plastic pollution detection, quantification, and 
     mitigation, including with respect to used fishing gear and 
     tracking technologies to reduce or eliminate bycatch.
       (3) Advanced satellite data and other advanced technology 
     for improving scientific assessment.
       (4) New stock assessment methods using satellite data or 
     other advanced technologies.
       (5) Advanced electronic fisheries monitoring equipment and 
     data analysis tools, including improved fish species 
     recognition software, confidential data management, data 
     analysis and visualization, and storage of electronic 
     reports, imagery, location information, and other data.
       (6) Autonomous and other advanced surface vehicles, 
     underwater vehicles, or airborne platforms for data 
     collection and monitoring.
       (7) Artificial intelligence and machine learning 
     applications for data collection and monitoring related to 
     the Great Lakes, oceans, bays, estuaries, and coasts.
       (8) Coral reef ecosystem monitoring.
       (9) Electronic equipment, chemical or biological sensors, 
     data analysis tools, and platforms to identify and fill gaps 
     in robust and shared continuous data related to the Great 
     Lakes, oceans, bays, estuaries, and coasts to inform global 
     earth system models.
       (10) Means for protecting aquatic life from injury or other 
     ill effects caused, in whole or in part, by monitoring or 
     exploration activities.
       (11) Discovery and dissemination of data related to the 
     Great Lakes, oceans, bays, estuaries, and coasts.
       (12) Water quality monitoring, including improved detection 
     and prediction of harmful algal blooms and pollution.
       (13) Enhancing blue carbon sequestration and other ocean 
     acidification mitigation opportunities.
       (14) Such other areas as may be identified by the 
     Administrator.
       (c) Prioritization of Proposals.--In selecting recipients 
     of Small Business Innovation Research (SBIR) and Small 
     Business Technology Transfer (STTR) solicitations and 
     interagency grants for ocean innovation, including the 
     National Oceanographic Partnership Program, the Administrator 
     shall prioritize proposals for fiscal years 2023 and 2024 
     that address at least one of the areas specified in 
     subsection (b).

     SEC. __22H. REAUTHORIZATION OF NOAA PROGRAMS.

       Section 306 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892d) is amended--
       (1) in paragraph (1), by striking ``$70,814,000 for each of 
     fiscal years 2019 through 2023'' and inserting ``$71,000,000 
     for each of fiscal years 2023 through 2026'';
       (2) in paragraph (2), by striking ``$25,000,000 for each of 
     fiscal years 2019 through 2023'' and inserting ``$34,000,000 
     for each of fiscal years 2023 through 2026'';
       (3) in paragraph (3), by striking ``$29,932,000 for each of 
     fiscal years 2019 through 2023'' and inserting ``$38,000,000 
     for each of fiscal years 2023 through 2026'';
       (4) in paragraph (4), by striking ``$26,800,000 for each of 
     fiscal years 2019 through 2023'' and inserting ``$45,000,000 
     for each of fiscal years 2023 through 2026''; and
       (5) in paragraph (5), by striking ``$30,564,000 for each of 
     fiscal years 2019 through 2023'' and inserting ``$35,000,000 
     for each of fiscal years 2023 through 2026''.

     SEC. __22I. BLUE ECONOMY VALUATION.

       (a) Measurement of Blue Economy Industries.--The 
     Administrator of the National Oceanic and Atmospheric 
     Administration, the Director of the Bureau of Economic 
     Analysis, the Commissioner of the Bureau of Labor Statistics, 
     the Secretary of the Treasury, and the heads of other 
     relevant Federal agencies, shall prioritize the collection, 
     aggregation, and analysis of data to measure the value and 
     impact of industries related to the Great Lakes, oceans, 
     bays, estuaries, and coasts on the economy of the United 
     States, including living resources, marine construction, 
     marine transportation, offshore mineral extraction, ship and 
     boat building, tourism, recreation, subsistence, and such 
     other industries the Administrator considers appropriate 
     (known as ``Blue Economy'' industries).
       (b) Collaboration.--In carrying out subsection (a), the 
     Administrator shall--
       (1) work with the Director of the Bureau of Economic 
     Analysis and the heads of other relevant Federal agencies to 
     develop a Coastal and Ocean Economy Satellite Account that 
     includes national and State-level statistics to measure the 
     contribution of the Great Lakes, oceans, bays, estuaries, and 
     coasts to the overall economy of the United States; and
       (2) collaborate with national and international 
     organizations and governments to promote consistency of 
     methods, measurements, and definitions to ensure 
     comparability of results between countries.
       (c) Report.--Not less frequently than once every 2 years, 
     the Administrator, in consultation with the Director of the 
     Bureau of Economic Analysis, the Commissioner of the Bureau 
     of Labor Statistics, the Secretary of the Treasury, and the 
     heads of other relevant Federal agencies, shall publish a 
     report that--
       (1) defines the Blue Economy, in coordination with Tribal 
     governments, academia, industry, nongovernmental 
     organizations, and other relevant experts;
       (2) makes recommendations for updating North American 
     Industry Classification System (NAICS) reporting codes to 
     reflect the Blue Economy; and
       (3) provides a comprehensive estimate of the value and 
     impact of the Blue Economy with respect to each State and 
     territory of the United States, including--
       (A) the value and impact of--
       (i) economic activities that are dependent upon the 
     resources of the Great Lakes, oceans, bays, estuaries, and 
     coasts;
       (ii) the population and demographic characteristics of the 
     population along the coasts;
       (iii) port and shoreline infrastructure;
       (iv) the volume and value of cargo shipped by sea or across 
     the Great Lakes; and
       (v) data collected from the Great Lakes, oceans, bays, 
     estuaries, and coasts, including such data collected by 
     businesses that purchase and commodify the data, including 
     weather prediction and seasonal agricultural forecasting; and
       (B) to the extent possible, the qualified value and impact 
     of the natural capital of the Great Lakes, oceans, bays, 
     estuaries, and coasts with respect to tourism, recreation, 
     natural resources, and cultural heritage, including other 
     indirect values.

     SEC. __22J. ADVANCED RESEARCH PROJECTS AGENCY-OCEANS.

       (a) Agreement.--Not later than 45 days after the date of 
     the enactment of this Act, the Administrator of the National 
     Oceanic and Atmospheric Administration shall seek to enter 
     into an agreement with the National Academy of Sciences to 
     conduct the comprehensive assessment under subsection (b).
       (b) Comprehensive Assessment.--
       (1) In general.--Under an agreement between the 
     Administrator and the National Academy of Sciences under this 
     section, the National Academy of Sciences shall conduct a 
     comprehensive assessment of the need for and feasibility of 
     establishing an Advanced Research Projects Agency-Oceans 
     (ARPA-O) that operates in coordination with and with 
     nonduplication of existing Federal oceanic research programs, 
     including programs of the Office of Oceanic and Atmospheric 
     Research of the National Oceanic and Atmospheric 
     Administration.
       (2) Elements.--The comprehensive assessment carried out 
     pursuant to paragraph (1) shall include--
       (A) an assessment of how an ARPA-O could help overcome the 
     long-term and high-risk technological barriers in the 
     development of ocean technologies, with the goal of enhancing 
     the economic, ecological, and national security of the United 
     States through the rapid development of technologies that 
     result in--
       (i) improved data collection, monitoring, and prediction of 
     the ocean environment, including sea ice conditions;
       (ii) overcoming barriers to the application of new and 
     improved technologies, such as high costs and scale of 
     operational missions;
       (iii) improved management practices for protecting 
     ecological sustainability;
       (iv) improved national security capacity;
       (v) improved technology for fishery population assessments;
       (vi) expedited processes between and among Federal agencies 
     to successfully identify, transition, and coordinate research 
     and development output to operations, applications, 
     commercialization, and other uses; and
       (vii) ensuring that the United States maintains a 
     technological lead in developing and deploying advanced ocean 
     technologies;
       (B) an evaluation of the organizational structures under 
     which an ARPA-O could be organized, which takes into 
     account--
       (i) best practices for new research programs;

[[Page S5438]]

       (ii) consolidation and reorganization of existing Federal 
     oceanic programs to effectuate coordination and 
     nonduplication of such programs;
       (iii) metrics and approaches for periodic program 
     evaluation;
       (iv) capacity to fund and manage external research awards; 
     and
       (v) options for oversight of the activity through a Federal 
     agency, an interagency organization, nongovernmental 
     organization, or other institutional arrangement; and
       (C) an estimation of the scale of investment necessary to 
     pursue high priority ocean technology projects.
       (c) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Administrator shall submit to 
     Congress a report on the comprehensive assessment conducted 
     under subsection (b).

                  Subtitle M--Climate Change Education

     SEC. __23. FINDINGS.

       Congress makes the following findings:
       (1) The evidence for human-induced climate change is 
     overwhelming and undeniable.
       (2) Atmospheric carbon can be significantly reduced through 
     conservation, by shifting to renewable energy sources such as 
     solar, wind, tidal, and geothermal, and by increasing the 
     efficiency of buildings, including domiciles, and 
     transportation.
       (3) Providing clear information about climate change, in a 
     variety of forms, can remove the fear and the sense of 
     helplessness, and encourage individuals and communities to 
     take action.
       (4) Implementation of measures that promote energy 
     efficiency, conservation, and renewable energy will greatly 
     reduce human impact on the environment.
       (5) Informing people of new technologies and programs as 
     they become available will ensure maximum understanding and 
     maximum effect of those measures.
       (6) More than 3,000,000 students graduate from high schools 
     and colleges in the United States each year, armed with 
     attitudes, skills, and knowledge about the climate that 
     inform their actions.
       (7) The effect on the climate, positive or negative, of 
     each of those 3,000,000 students lasts beyond a lifetime.
       (8) Those students need to be prepared to implement changes 
     in professional and personal practices, to support and help 
     develop new technology and policy, and to address the coming 
     social and economic challenges and opportunities arising from 
     a changing climate.
       (9) It has been demonstrated that the people of the United 
     States overwhelmingly support teaching students about the 
     causes, consequences, and potential solutions to climate 
     change in all 50 States and more than 3,000 counties across 
     the United States.
       (10) Only 30 percent of middle school and 45 percent of 
     high school science teachers understand the extent of the 
     scientific consensus on climate change.

     SEC. __23A. DEFINITIONS.

       In this subtitle:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       (2) Climate change education.--The term ``climate change 
     education'' means nonformal and formal interdisciplinary 
     learning at all age levels about--
       (A) climate change, climate adaptation and mitigation, 
     climate resilience, and climate justice; and
       (B) the effects of climate change, climate adaptation and 
     mitigation, climate resilience, and climate justice on the 
     environmental, energy, social, and economic systems of the 
     United States.
       (3) Climate literacy.--The term ``climate literacy'' means 
     competence or knowledge of climate change, its causes and 
     impacts, and the technical, scientific, economic, and social 
     dynamics of promising solutions.
       (4) Climate justice.--The term ``climate justice'' means 
     the fair treatment and meaningful involvement of all people, 
     regardless of race, color, culture, national origin, or 
     income, with respect to the development, implementation, and 
     enforcement of policies and projects to ensure that each 
     person enjoys the same degree of protection from the adverse 
     effects of climate change.
       (5) Environmental justice.--The term ``environmental 
     justice'' means the fair treatment and meaningful involvement 
     of all people, regardless of race, color, culture, national 
     origin, or income, with respect to the development, 
     implementation, and enforcement of environmental laws, 
     regulations, and policies to ensure that each person enjoys--
       (A) the same degree of protection from environmental and 
     health hazards; and
       (B) equal access to any Federal agency action on 
     environmental justice issues in order to have a healthy 
     environment in which to live, learn, work, and recreate.
       (6) Environmental justice community.--The term 
     ``environmental justice community'' means a community with 
     significant representation of communities of color, low-
     income communities, or Tribal and indigenous communities that 
     experiences, or is at risk of experiencing, higher or more 
     adverse human health or environmental effects as compared to 
     other communities.
       (7) Green economy.--The term ``green economy'' means an 
     economy that results in improved human and economic well-
     being and social equity by significantly reducing 
     environmental risks and ecological scarcities.
       (8) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       (9) Local educational agency; state educational agency.--
     The terms ``local educational agency'' and ``State 
     educational agency'' have the meanings given those terms in 
     section 8101 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801).
       (10) Nonformal.--The term ``nonformal'' means, with respect 
     to learning, out-of-school educational programming carried 
     out by nonprofit organizations and public agencies.
       (11) Nonprofit organization.--The term ``nonprofit 
     organization'' means an organization described in section 
     501(c)(3) of the Internal Revenue Code of 1986 and exempt 
     from taxation under 501(a) of that Code.

     SEC. __23B. CLIMATE CHANGE EDUCATION PROGRAM.

       The Administrator shall establish a Climate Change 
     Education Program to--
       (1) increase the climate literacy of the United States by 
     broadening the understanding of climate change, including 
     possible long-term and short-term consequences, 
     disproportionate impacts of those consequences, and potential 
     solutions;
       (2) apply the latest scientific and technological 
     discoveries, including through the use of the scientific 
     assets of the Administration, to provide formal and nonformal 
     learning opportunities to individuals of all ages, including 
     individuals of diverse cultural and linguistic backgrounds; 
     and
       (3) emphasize actionable information to help people 
     understand and promote implementation of new technologies, 
     programs, and incentives related to climate change, climate 
     adaptation and mitigation, climate resilience, climate 
     justice, and environmental justice.

     SEC. __23C. GRANT PROGRAM.

       (a) In General.--As part of the Climate Change Education 
     Program established under section __23B, the Administrator 
     shall establish a program to make grants to the following:
       (1) State educational agencies, in partnership with local 
     educational agencies and local nonprofit organizations, for 
     the implementation of aspects of State climate literacy plans 
     for grades 4 through 12 formal and informal climate change 
     education that--
       (A) are aligned with State education standards;
       (B) ensure that students graduate from high school with 
     climate literacy; and
       (C) include at least 1 of the following:
       (i) Relevant teacher training and professional development.
       (ii) Creation of applied learning project-based models, 
     such as models making optimum use of green features 
     improvements to school facilities, such as energy systems, 
     lighting systems, water management, waste management, and 
     school grounds improvements.
       (iii) Incorporation of climate change mitigation and green 
     technologies into new and existing career and technical 
     education career tracks and work-based learning experiences, 
     including development of partnerships with labor 
     organizations, trade organizations, and apprenticeship 
     programs.
       (2) Institutions of higher education and networks or 
     partnerships of such institutions to engage teams of faculty 
     and students to develop applied climate research and deliver 
     to local communities direct services related to local climate 
     mitigation and adaptation issues, with priority given to 
     projects that--
       (A) foster long-term campus-community partnerships;
       (B) show potential to scale work beyond the grant term;
       (C) are inclusive for all segments of the population; and
       (D) promote equitable and just outcomes.
       (3) Professional associations and academic disciplinary 
     societies for projects that build capacity at the State and 
     national levels for continuing education by practicing 
     professionals and the general public in green economy fields.
       (4) Youth corps organizations to engage in community-based 
     climate mitigation and adaptation work that includes a 
     substantive educational component.
       (b) Consultation.--The Administrator shall annually consult 
     with other relevant agencies of the Federal Government to 
     determine ways in which grant making under subsection (a) can 
     enhance and support other national climate education and 
     training and environmental justice goals.
       (c) Environmental Justice Communities.--The Administrator 
     shall ensure that 40 percent of all funds appropriated for 
     grants under paragraphs (2) and (4) of subsection (a) are 
     directed into environmental justice communities.
       (d) Communities of Practice.--The Administrator shall 
     establish communities of practice with respect to each of 
     paragraphs (1) through (4) of subsection (a) in order to 
     accelerate learning.

     SEC. __23D. REPORT.

       Not later than 2 years after the date of the enactment of 
     this Act, and annually thereafter, the Administrator shall 
     submit to Congress a report that evaluates the scientific 
     merits, educational effectiveness, and broader effects of 
     activities carried out under this subtitle.

[[Page S5439]]

  


     SEC. __23E. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     the National Oceanic and Atmospheric Administration to carry 
     out this subtitle $50,000,000 for each of fiscal years 2022 
     through 2027.
       (b) Allocation of Amounts for Grant Program.--
       (1) In general.--Amounts appropriated to carry out the 
     grant program required by section __23C(a) shall be allocated 
     as follows:
       (A) Not less than 40 percent and not more than 60 percent 
     for grants made under paragraph (1) of such section.
       (B) Not less than 20 percent and not more than 40 percent 
     for grants made under paragraph (2) of such section.
       (C) Not less than 5 percent and not more than 20 percent 
     for grants made under paragraph (3) of such section.
       (D) Not less than 5 percent and not more than 20 percent 
     for grants made under paragraph (4) of such section.
       (E) Such amount as the Administrator determines appropriate 
     for the administration of this subtitle.
       (2) Exception.--If amounts appropriated to carry out the 
     grant program required by section __23C(a) do not exceed 
     $10,000,000 in any fiscal year, the National Oceanic and 
     Atmospheric Administration may prioritize grants made under 
     subparagraphs (A) and (B) of paragraph (1) of such section.

  Subtitle N--Office of Education Technology to Support the Bureau of 
                            Indian Education

     SEC. __24. UPDATING BUREAU OF INDIAN AFFAIRS PROGRAMS.

       Part B of title XI of the Education Amendments of 1978 (25 
     U.S.C. 2000 et seq.) is amended by striking ``Office of 
     Indian Education Programs'' each place it appears (in any 
     font) and inserting ``Bureau of Indian Education'' (in the 
     corresponding font).

     SEC. __24A. ESTABLISHMENT FOR THE OFFICE OF EDUCATION 
                   TECHNOLOGY TO SUPPORT THE BUREAU OF INDIAN 
                   EDUCATION.

       Section 1133 of the Education Amendments of 1978 (25 U.S.C. 
     2013) is amended by adding at the end the following:
       ``(c) Bureau of Indian Education Office of Education 
     Technology.--
       ``(1) Establishment.--
       ``(A) In general.--Not later than 24 months after the date 
     of the enactment of this subsection, the Secretary shall 
     establish the Office of Education Technology under the 
     Assistant Secretary for Indian Affairs to be administered by 
     the Deputy Assistant Secretary of Indian Affairs 
     (Management).
       ``(B) Capacity and coordination.--Not later than 36 months 
     after the date of the enactment of this subsection, the 
     Office of the Assistant Secretary of Indian Affairs shall 
     coordinate with the Bureau of Indian Education Director to 
     ensure consistent and timely coordination for the Office of 
     Education Technology to be at full capacity.
       ``(C) Transfer.--Not later than 37 months after the date of 
     the enactment of this subsection, the Deputy Assistant 
     Secretary of Indian Affairs (Management), the Secretary (in 
     consultation with the Chief Information Officer for the 
     Department of the Interior), the Assistant Secretary for 
     Indian Affairs, and the Director of the Bureau of Indian 
     Education shall transfer the Office of Educational Technology 
     to the Bureau of Indian Education.
       ``(2) Purpose.--The Office of Education Technology shall 
     ensure that the Bureau of Indian Education has the necessary 
     education technology support to improve educational outcomes.
       ``(3) Duties.--The Office of Education Technology shall--
       ``(A) manage the procurement, distribution, and updates for 
     information technology and related equipment;
       ``(B) plan, coordinate, and implement policies related to 
     information technology and related equipment;
       ``(C) provide technical assistance for the agency school 
     boards, Bureau of Indian Education Funded Schools, and early 
     childhood services; and
       ``(D) coordinate education technology programs and 
     activities for the Bureau of Indian Education.
       ``(d) Implementation of Education Technology Modernization 
     Systems.--
       ``(1) Needs assessment.--Not later than 2 years after the 
     date of the enactment of this subsection, the Office of the 
     Assistant Secretary for Indian Affairs and the Bureau of 
     Indian Education shall complete a needs assessment of 
     education technology for Bureau of Indian Education Funded 
     Schools.
       ``(2) Implementation.--Not later than 3 years after the 
     date of the enactment of this subsection, the Secretary shall 
     complete the implementation of a long-term modernization plan 
     and report progress updates for Bureau of Indian Education 
     Funded Schools.
       ``(e) Reporting.--Not later than 3 years after the date of 
     the enactment of this subsection, and each fiscal year 
     thereafter, the Secretary shall submit to the Committee on 
     Natural Resources and Committee on Education and Labor of the 
     House of Representatives and the Committee on Indian Affairs 
     of the Senate, a report that contains--
       ``(1) a yearly evaluation of the implementation of this 
     Act, including a description of the progress of the Office of 
     Information Technology in carrying out the activities 
     described in subsection (c)(3); and
       ``(2) such other information the Director of the Bureau of 
     Indian Education, in coordination with the Assistant 
     Secretary for Indian Affairs deems necessary.
       ``(f) Definitions.--In this section:
       ``(1) Bureau of indian education funded schools.--The term 
     `Bureau of Indian Education Funded Schools' means Bureau of 
     Indian Education operated schools, schools operated pursuant 
     to a grant under the Tribally Controlled Schools Act of 1988 
     (25 U.S.C. 2501 et seq.), and schools operated pursuant to a 
     contract under the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5301 et seq.).
       ``(2) Office of education technology.--The term `Office of 
     Education Technology' means the Office of Education 
     Technology supporting the Bureau of Indian Education 
     established under this subsection.''.

        Subtitle O--Public Land Renewable Energy Development Act

     SEC. __25. DEFINITIONS.

       In this subtitle:
       (1) Covered land.--The term ``covered land'' means land 
     that is--
       (A) Federal land administered by the Secretary; and
       (B) not excluded from the development of geothermal, solar, 
     or wind energy under--
       (i) a land use plan; or
       (ii) other Federal law.
       (2) Exclusion area.--The term ``exclusion area'' means 
     covered land that is identified by the Bureau of Land 
     Management as not suitable for development of renewable 
     energy projects.
       (3) Federal land.--The term ``Federal land'' means--
       (A) public lands; and
       (B) lands of the National Forest System as described in 
     section 11(a) of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1609(a)).
       (4) Fund.--The term ``Fund'' means the Renewable Energy 
     Resource Conservation Fund established by section 
     __25C(c)(1).
       (5) Land use plan.--The term ``land use plan'' means--
       (A) in regard to Federal land, a land use plan established 
     under the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (B) in regard to National Forest System lands, a land 
     management plan approved, amended, or revised under section 6 
     of the Forest and Rangeland Renewable Resources Planning Act 
     of 1974 (16 U.S.C. 1604).
       (6) Priority area.--The term ``priority area'' means 
     covered land identified by the land use planning process of 
     the Bureau of Land Management as being a preferred location 
     for a renewable energy project, including a designated 
     leasing area (as defined in section 2801.5(b) of title 43, 
     Code of Federal Regulations (or a successor regulation)) that 
     is identified under the rule of the Bureau of Land Management 
     entitled ``Competitive Processes, Terms, and Conditions for 
     Leasing Public Lands for Solar and Wind Energy Development 
     and Technical Changes and Corrections'' (81 Fed. Reg. 92122 
     (December 19, 2016)) (or a successor regulation).
       (7) Public lands.--The term ``public lands'' has the 
     meaning given that term in section 103 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1702).
       (8) Renewable energy project.--The term ``renewable energy 
     project'' means a project carried out on covered land that 
     uses wind, solar, or geothermal energy to generate energy.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (10) Variance area.--The term ``variance area'' means 
     covered land that is--
       (A) not an exclusion area;
       (B) not a priority area; and
       (C) identified by the Secretary as potentially available 
     for renewable energy development and could be approved 
     without a plan amendment, consistent with the principles of 
     multiple use (as defined in the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1701 et seq.)).

     SEC. __25A. LAND USE PLANNING; UPDATES TO PROGRAMMATIC 
                   ENVIRONMENTAL IMPACT STATEMENTS.

       (a) Priority Areas.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of Energy, shall establish priority areas on 
     covered land for geothermal, solar, and wind energy projects, 
     consistent with the principles of multiple use (as defined in 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1701 et seq.)) and the renewable energy permitting goal 
     enacted by the Consolidated Appropriations Act of 2021 
     (Public Law 116-260). Among applications for a given 
     renewable energy source, proposed projects located in 
     priority areas for that renewable energy source shall--
       (A) be given the highest priority for incentivizing 
     deployment thereon; and
       (B) be offered the opportunity to participate in any 
     regional mitigation plan developed for the relevant priority 
     areas.
       (2) Establishing priority areas.--
       (A) Geothermal energy.--For geothermal energy, the 
     Secretary shall establish priority areas as soon as 
     practicable, but not later than 5 years, after the date of 
     enactment of this Act.
       (B) Solar energy.--For solar energy--
       (i) solar designated leasing areas (including the solar 
     energy zones established by Bureau of Land Management Solar 
     Energy Program, established in October 2012), and any 
     subsequent land use plan amendments, shall be considered to 
     be priority areas for solar energy projects; and
       (ii) the Secretary shall complete a process to consider 
     establishing additional solar priority areas as soon as 
     practicable, but not

[[Page S5440]]

     later than 3 years, after the date of enactment of this Act.
       (C) Wind energy.--For wind energy, the Secretary shall 
     complete a process to consider establishing additional wind 
     priority areas as soon as practicable, but not later than 3 
     years, after the date of enactment of this Act.
       (b) Variance Areas.--Variance areas shall be considered for 
     renewable energy project development, consistent with the 
     principles of multiple use (as defined in the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)) 
     and the renewable energy permitting goal enacted by the 
     Consolidated Appropriations Act of 2021 (Public Law 116-260), 
     and applications for a given renewable energy source located 
     in those variance areas shall be timely processed in order to 
     assist in meeting that goal.
       (c) Review and Modification.--
       (1) In general.--Not less than once every 10 years, the 
     Secretary shall--
       (A) review the adequacy of land allocations for geothermal, 
     solar, and wind energy priority, exclusion, and variance 
     areas for the purpose of encouraging and facilitating new 
     renewable energy development opportunities; and
       (B) based on the review carried out under subparagraph (A), 
     add, modify, or eliminate priority, variance, and exclusion 
     areas.
       (2) Exception.--Paragraph (1) shall not apply to the 
     renewable energy land use planning published in the Desert 
     Renewable Energy Conservation Plan developed by the 
     California Energy Commission, the California Department of 
     Fish and Wildlife, the Bureau of Land Management, and the 
     United States Fish and Wildlife Service until January 1, 
     2031.
       (d) Compliance With the National Environmental Policy 
     Act.--For purposes of this section, compliance with the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) shall be accomplished--
       (1) for geothermal energy, by updating the document 
     entitled ``Final Programmatic Environmental Impact Statement 
     for Geothermal Leasing in the Western United States'', dated 
     October 2008, and incorporating any additional regional 
     analyses that have been completed by Federal agencies since 
     that programmatic environmental impact statement was 
     finalized;
       (2) for solar energy, by updating the document entitled 
     ``Final Programmatic Environmental Impact Statement (PEIS) 
     for Solar Energy Development in Six Southwestern States'', 
     dated July 2012, and incorporating any additional regional 
     analyses that have been completed by Federal agencies since 
     that programmatic environmental impact statement was 
     finalized; and
       (3) for wind energy, by updating the document entitled 
     ``Final Programmatic Environmental Impact Statement on Wind 
     Energy Development on BLM-Administered Lands in the Western 
     United States'', dated July 2005, and incorporating any 
     additional regional analyses that have been completed by 
     Federal agencies since the programmatic environmental impact 
     statement was finalized.
       (e) No Effect on Processing Site Specific Applications.--
     Site specific environmental review and processing of permits 
     for proposed projects shall proceed during preparation of an 
     updated programmatic environmental impact statement, resource 
     management plan, or resource management plan amendment.
       (f) Coordination.--In developing updates required by this 
     section, the Secretary shall coordinate, on an ongoing basis, 
     with appropriate State, Tribal, and local governments, 
     transmission infrastructure owners and operators, developers, 
     and other appropriate entities to ensure that priority areas 
     identified by the Secretary are--
       (1) economically viable (including having access to 
     existing and planned transmission lines);
       (2) likely to avoid or minimize impacts to habitat for 
     animals and plants, recreation, cultural resources, and other 
     uses of covered land; and
       (3) consistent with section 202 of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1712), including 
     subsection (c)(9) of that section (43 U.S.C. 1712(c)(9)).

     SEC. __25B. LIMITED GRANDFATHERING.

       (a) Definition of Project.--In this section, the term 
     ``project'' means a system described in section 2801.9(a)(4) 
     of title 43, Code of Federal Regulations (as in effect on the 
     date of enactment of this Act).
       (b) Requirement To Pay Rents and Fees.--Unless otherwise 
     agreed to by the owner of a project, the owner of a project 
     that applied for a right-of-way under section 501 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1761) on or before December 19, 2017, shall be obligated to 
     pay with respect to the right-of-way all rents and fees in 
     effect before the effective date of the rule of the Bureau of 
     Land Management entitled ``Competitive Processes, Terms, and 
     Conditions for Leasing Public Lands for Solar and Wind Energy 
     Development and Technical Changes and Corrections'' (81 Fed. 
     Reg. 92122 (December 19, 2016)).

     SEC. __25C. DISPOSITION OF REVENUES.

       (a) Disposition of Revenues.--
       (1) Availability.--Subject to future appropriations, and 
     except as provided in paragraph (2), beginning on January 1, 
     2023, amounts collected from a wind or solar project as bonus 
     bids, rentals, fees, or other payments under a right-of-way, 
     permit, lease, or other authorization, are authorized to be 
     made available as follows:
       (A) Twenty-five percent shall be paid by the Secretary of 
     the Treasury to the State within the boundaries of which the 
     revenue is derived.
       (B) Twenty-five percent shall be paid by the Secretary of 
     the Treasury to the one or more counties within the 
     boundaries of which the revenue is derived, to be allocated 
     among the counties based on the percentage of land from which 
     the revenue is derived.
       (C) Twenty-five percent shall be deposited in the Treasury 
     and be made available to the Secretary to carry out the 
     program established under this subtitle, including the 
     transfer of the funds by the Bureau of Land Management to 
     other Federal agencies and State agencies to facilitate the 
     processing of renewable energy permits on Federal land, with 
     priority given to using the amounts, to the maximum extent 
     practicable without detrimental impacts to emerging markets, 
     to expediting the issuance of permits required for the 
     development of renewable energy projects in the States from 
     which the revenues are derived.
       (D) Twenty-five percent shall be deposited in the Renewable 
     Energy Resource Conservation Fund established by subsection 
     (c).
       (2) Exceptions.--Paragraph (1) shall not apply to the 
     following:
       (A) Amounts collected under section 504(g) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1764(g)).
       (B) Amounts deposited into the National Parks and Public 
     Land Legacy Restoration Fund under section 200402(b) of title 
     54, United States Code.
       (b) Payments to States and Counties.--
       (1) In general.--Amounts paid to States and counties under 
     subsection (a)(1) shall be used consistent with section 35 of 
     the Mineral Leasing Act (30 U.S.C. 191).
       (2) Payments in lieu of taxes.--A payment to a county under 
     paragraph (1) shall be in addition to a payment in lieu of 
     taxes received by the county under chapter 69 of title 31, 
     United States Code.
       (c) Renewable Energy Resource Conservation Fund.--
       (1) In general.--There is established in the Treasury a 
     fund to be known as the ``Renewable Energy Resource 
     Conservation Fund'', which shall be administered by the 
     Secretary, in consultation with the Secretary of Agriculture.
       (2) Use of funds.--The Secretary may make amounts in the 
     Fund available to Federal, State, local, and Tribal agencies 
     to be distributed in regions in which renewable energy 
     projects are located on Federal land. Such amounts may be 
     used to--
       (A) restore and protect--
       (i) fish and wildlife habitat for affected species;
       (ii) fish and wildlife corridors for affected species; and
       (iii) wetlands, streams, rivers, and other natural water 
     bodies in areas affected by wind, geothermal, or solar energy 
     development; and
       (B) preserve and improve recreational access to Federal 
     land and water in an affected region through an easement, 
     right-of-way, or other instrument from willing landowners for 
     the purpose of enhancing public access to existing Federal 
     land and water that is inaccessible or restricted.
       (3) Partnerships.--The Secretary may enter into cooperative 
     agreements with State and Tribal agencies, nonprofit 
     organizations, and other appropriate entities to carry out 
     the activities described in paragraph (2).
       (4) Investment of fund.--
       (A) In general.--Amounts deposited in the Fund shall earn 
     interest in an amount determined by the Secretary of the 
     Treasury on the basis of the current average market yield on 
     outstanding marketable obligations of the United States of 
     comparable maturities.
       (B) Use.--Interest earned under subparagraph (A) may be 
     expended in accordance with this subsection.
       (5) Report to congress.--At the end of each fiscal year, 
     the Secretary shall submit a report to the Committee on 
     Natural Resources of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate that 
     includes a description of--
       (A) the amount collected as described in subsection (a), by 
     source, during that fiscal year;
       (B) the amount and purpose of payments during that fiscal 
     year to each Federal, State, local, and Tribal agency under 
     paragraph (2); and
       (C) the amount remaining in the Fund at the end of the 
     fiscal year.
       (6) Intent of congress.--It is the intent of Congress that 
     the revenues deposited and used in the Fund shall supplement 
     (and not supplant) annual appropriations for activities 
     described in paragraph (2).

     SEC. __25D. SAVINGS.

       Notwithstanding any other provision of this subtitle, the 
     Secretary shall continue to manage public lands under the 
     principles of multiple use and sustained yield in accordance 
     with title I of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1701 et seq.) or the Forest and Rangeland 
     Renewable Resources Planning Act of 1974 (43 U.S.C. 1701 et 
     seq.), as applicable, including due consideration of mineral 
     and nonrenewable energy-related projects and other 
     nonrenewable energy uses, for the purposes of land use 
     planning, permit processing, and conducting environmental 
     reviews.

[[Page S5441]]

  


      Subtitle P--Increasing Community Access to Resiliency Grants

     SEC. __26. CENTRALIZED WEBSITE FOR RESILIENCY GRANTS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this subsection, the Administrator shall 
     establish and regularly update a publicly available website 
     that includes--
       (1) hyperlinks to all grants administered by the National 
     Oceanic and Atmospheric Administration and hyperlinks to 
     other Federal agencies that offer similar grants to assist 
     State, Tribal, and local governments with resiliency, 
     adaptation, and mitigation of climate change and sea level 
     rise; and
       (2) with respect to each such grant, the contact 
     information for an individual who can offer assistance to 
     State, Tribal, and local governments.
       (b) Outreach.--The Administrator shall conduct outreach 
     activities to inform State, Tribal, and local governments of 
     the resiliency, adaptation, and mitigation grants.
       (c) Administrator.--In this section, the term 
     ``Administrator'' means the Secretary of Commerce acting 
     through the Administrator of the National Oceanic and 
     Atmospheric Administration.

             Subtitle Q--Keep America's Waterfronts Working

     SEC. __27. WORKING WATERFRONTS GRANT PROGRAM.

       The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 320. WORKING WATERFRONTS GRANT PROGRAM.

       ``(a) Working Waterfront Task Force.--
       ``(1) Establishment and functions.--The Secretary of 
     Commerce shall establish a task force to work directly with 
     coastal States, user groups, and coastal stakeholders to 
     identify and address critical needs with respect to working 
     waterfronts.
       ``(2) Membership.--The members of the task force shall be 
     appointed by the Secretary of Commerce, and shall include--
       ``(A) experts in the unique economic, social, cultural, 
     ecological, geographic, and resource concerns of working 
     waterfronts; and
       ``(B) representatives from the National Oceanic and 
     Atmospheric Administration's Office of Coastal Management, 
     the United States Fish and Wildlife Service, the Department 
     of Agriculture, the Environmental Protection Agency, the 
     United States Geological Survey, the Navy, the National 
     Marine Fisheries Service, the Economic Development Agency, 
     and such other Federal agencies as the Secretary considers 
     appropriate.
       ``(3) Functions.--The task force shall--
       ``(A) identify and prioritize critical needs with respect 
     to working waterfronts in States that have a management 
     program approved by the Secretary of Commerce pursuant to 
     section 306, in the areas of--
       ``(i) economic and cultural importance of working 
     waterfronts to communities;
       ``(ii) changing environments and threats working 
     waterfronts face from environment changes, trade barriers, 
     sea level rise, extreme weather events, ocean acidification, 
     and harmful algal blooms; and
       ``(iii) identifying working waterfronts and highlighting 
     them within communities;
       ``(B) outline options, in coordination with coastal States 
     and local stakeholders, to address such critical needs, 
     including adaptation and mitigation where applicable;
       ``(C) identify Federal agencies that are responsible under 
     existing law for addressing such critical needs; and
       ``(D) recommend Federal agencies best suited to address any 
     critical needs for which no agency is responsible under 
     existing law.
       ``(4) Information to be considered.--In identifying and 
     prioritizing policy gaps pursuant to paragraph (3), the task 
     force shall consider the findings and recommendations 
     contained in section VI of the report entitled `The 
     Sustainable Working Waterfronts Toolkit: Final Report', dated 
     March 2013.
       ``(5) Report.--Not later than 18 months after the date of 
     the enactment of this section, the task force shall submit a 
     report to Congress on its findings.
       ``(6) Implementation.--The head of each Federal agency 
     identified in the report pursuant to paragraph (3)(C) shall 
     take such action as is necessary to implement the 
     recommendations contained in the report by not later than 1 
     year after the date of the issuance of the report.
       ``(b) Working Waterfront Grant Program.--
       ``(1) The Secretary shall establish a Working Waterfront 
     Grant Program, in cooperation with appropriate State, 
     regional, and other units of government, under which the 
     Secretary may make a grant to any coastal State for the 
     purpose of implementing a working waterfront plan approved by 
     the Secretary under subsection (c).
       ``(2) Subject to the availability of appropriations, the 
     Secretary shall award matching grants under the Working 
     Waterfronts Grant Program to coastal States with approved 
     working waterfront plans through a regionally equitable, 
     competitive funding process in accordance with the following:
       ``(A) The Governor, or the lead agency designated by the 
     Governor for coordinating the implementation of this section, 
     where appropriate in consultation with the appropriate local 
     government, shall determine that the application is 
     consistent with the State's or territory's approved coastal 
     zone plan, program, and policies prior to submission to the 
     Secretary.
       ``(B) In developing guidelines under this section, the 
     Secretary shall consult with coastal States, other Federal 
     agencies, and other interested stakeholders with expertise in 
     working waterfront planning.
       ``(C) Coastal States may allocate grants to local 
     governments, Indian Tribes, agencies, or nongovernmental 
     organizations eligible for assistance under this section.
       ``(3) In awarding a grant to a coastal State, the Secretary 
     shall consider--
       ``(A) the economic, cultural, and historical significance 
     of working waterfront to the coastal State;
       ``(B) the demonstrated working waterfront needs of the 
     coastal State as outlined by a working waterfront plan 
     approved for the coastal State under subsection (c), and the 
     value of the proposed project for the implementation of such 
     plan;
       ``(C) the ability to successfully leverage funds among 
     participating entities, including Federal programs, regional 
     organizations, State and other government units, landowners, 
     corporations, or private organizations;
       ``(D) the potential for rapid turnover in the ownership of 
     working waterfront in the coastal State, and where applicable 
     the need for coastal States to respond quickly when 
     properties in existing or potential working waterfront areas 
     or public access areas as identified in the working 
     waterfront plan submitted by the coastal State come under 
     threat or become available; and
       ``(E) the impact of the working waterfront plan approved 
     for the coastal State under subsection (c) on the coastal 
     ecosystem and the users of the coastal ecosystem.
       ``(4) The Secretary shall approve or reject an application 
     for such a grant within 60 days after receiving an 
     application for the grant.
       ``(c) Working Waterfront Plans.--
       ``(1) To be eligible for a grant under subsection (b), a 
     coastal State must submit and have approved by the Secretary 
     a comprehensive working waterfront plan in accordance with 
     this subsection, or be in the process of developing such a 
     plan and have an established working waterfront program at 
     the State or local level, or the Secretary determines that an 
     existing coastal land use plan for that State is in 
     accordance with this subsection.
       ``(2) Such plan--
       ``(A) must provide for preservation and expansion of access 
     to coastal waters to persons engaged in commercial fishing, 
     recreational fishing and boating businesses, aquaculture, 
     boatbuilding, or other water-dependent, coastal-related 
     business;
       ``(B) shall include one or more of--
       ``(i) an assessment of the economic, social, cultural, and 
     historic value of working waterfront to the coastal State;
       ``(ii) a description of relevant State and local laws and 
     regulations affecting working waterfront in the geographic 
     areas identified in the working waterfront plan;
       ``(iii) identification of geographic areas where working 
     waterfronts are currently under threat of conversion to uses 
     incompatible with commercial and recreational fishing, 
     recreational fishing and boating businesses, aquaculture, 
     boatbuilding, or other water-dependent, coastal-related 
     business, and the level of that threat;
       ``(iv) identification of geographic areas with a historic 
     connection to working waterfronts where working waterfronts 
     are not currently available, and, where appropriate, an 
     assessment of the environmental impacts of any expansion or 
     new development of working waterfronts on the coastal 
     ecosystem;
       ``(v) identification of other working waterfront needs 
     including improvements to existing working waterfronts and 
     working waterfront areas;
       ``(vi) a strategic and prioritized plan for the 
     preservation, expansion, and improvement of working 
     waterfronts in the coastal State;
       ``(vii) for areas identified under clauses (iii), (iv), 
     (v), and (vi), identification of current availability and 
     potential for expansion of public access to coastal waters;
       ``(viii) a description of the degree of community support 
     for such strategic plan; and
       ``(ix) a contingency plan for properties that revert to the 
     coastal State pursuant to determinations made by the coastal 
     State under subsection (g)(4)(C);
       ``(C) may include detailed environmental impacts on working 
     waterfronts, including hazards, sea level rise, inundation 
     exposure, and other resiliency issues;
       ``(D) may be part of the management program approved under 
     section 306;
       ``(E) shall utilize to the maximum extent practicable 
     existing information contained in relevant surveys, plans, or 
     other strategies to fulfill the information requirements 
     under this paragraph; and
       ``(F) shall incorporate the policies and regulations 
     adopted by communities under local working waterfront plans 
     or strategies in existence before the date of the enactment 
     of this section.
       ``(3) A working waterfront plan--
       ``(A) shall be effective for purposes of this section for 
     the 5-year period beginning on the date it is approved by the 
     Secretary;
       ``(B) must be updated and re-approved by the Secretary 
     before the end of such period; and
       ``(C) shall be complimentary to and incorporate the 
     policies and objectives of regional or local working 
     waterfront plans as in effect before the date of enactment of 
     this section or as subsequently revised.
       ``(4) The Secretary may--

[[Page S5442]]

       ``(A) award planning grants to coastal States for the 
     purpose of developing or revising comprehensive working 
     waterfront plans; and
       ``(B) award grants consistent with the purposes of this 
     section to States undertaking the working waterfront planning 
     process under this section, for the purpose of preserving and 
     protecting working waterfronts during such process.
       ``(5) Any coastal State applying for a working waterfront 
     grant under this title shall--
       ``(A) develop a working waterfront plan, using a process 
     that involves the public and those with an interest in the 
     coastal zone;
       ``(B) coordinate development and implementation of such a 
     plan with other coastal management programs, regulations, and 
     activities of the coastal State; and
       ``(C) if the coastal State allows qualified holders (other 
     than the coastal State) to enter into working waterfront 
     covenants, provide as part of the working waterfront plan 
     under this subsection a mechanism or procedure to ensure that 
     the qualified holders are complying their duties to enforce 
     the working waterfront covenant.
       ``(d) Uses, Terms, and Conditions.--
       ``(1) Each grant made by the Secretary under this section 
     shall be subject to such terms and conditions as may be 
     appropriate to ensure that the grant is used for purposes 
     consistent with this section.
       ``(2) A grant under this section may be used--
       ``(A) to acquire a working waterfront, or an interest in a 
     working waterfront;
       ``(B) to make improvements to a working waterfront, 
     including the construction or repair of wharfs, boat ramps, 
     or related facilities; or
       ``(C) for necessary climate adaptation mitigation.
       ``(e) Public Access Requirement.--A working waterfront 
     project funded by grants made under this section must provide 
     for expansion, improvement, or preservation of reasonable and 
     appropriate public access to coastal waters at or in the 
     vicinity of a working waterfront, except for commercial 
     fishing or other industrial access points where the coastal 
     State determines that public access would be unsafe.
       ``(f) Limitations.--
       ``(1) Except as provided in paragraph (2), a grant awarded 
     under this section may be used to purchase working waterfront 
     or an interest in working waterfront, including an easement, 
     only from a willing seller and at fair market value.
       ``(2) A grant awarded under this section may be used to 
     acquire working waterfront or an interest in working 
     waterfront at less than fair market value only if the owner 
     certifies to the Secretary that the sale is being entered 
     into willingly and without coercion.
       ``(3) No Federal, State, or local entity may exercise the 
     power of eminent domain to secure title to any property or 
     facilities in connection with a project carried out under 
     this section.
       ``(g) Allocation of Grants to Local Governments and Other 
     Entities.--
       ``(1) The Secretary shall encourage coastal States to 
     broadly allocate amounts received as grants under this 
     section among working waterfronts identified in working 
     waterfront plans approved under subsection (c).
       ``(2) Subject to the approval of the Secretary, a coastal 
     State may, as part of an approved working waterfront plan, 
     designate as a qualified holder any unit of State or local 
     government or nongovernmental organization, if the coastal 
     State is ultimately responsible for ensuring that the 
     property will be managed in a manner that is consistent with 
     the purposes for which the land entered into the program.
       ``(3) A coastal State or a qualified holder designated by a 
     coastal State may allocate to a unit of local government, 
     nongovernmental organization, fishing cooperative, or other 
     entity, a portion of any grant made under this section for 
     the purpose of carrying out this section, except that such an 
     allocation shall not relieve the coastal State of the 
     responsibility for ensuring that any funds so allocated are 
     applied in furtherance of the coastal State's approved 
     working waterfront plan.
       ``(4) A qualified holder may hold title to or interest in 
     property acquired under this section, except that--
       ``(A) all persons holding title to or interest in working 
     waterfront affected by a grant under this section, including 
     a qualified holder, private citizen, private business, 
     nonprofit organization, fishing cooperative, or other entity, 
     shall enter into a working waterfront covenant;
       ``(B) such covenant shall be held by the coastal State or a 
     qualified holder designated under paragraph (2);
       ``(C) if the coastal State determines, on the record after 
     an opportunity for a hearing, that the working waterfront 
     covenant has been violated--
       ``(i) all right, title, and interest in and to the working 
     waterfront covered by such covenant shall, except as provided 
     in subparagraph (D), revert to the coastal State; and
       ``(ii) the coastal State shall have the right of immediate 
     entry onto the working waterfront;
       ``(D) if a coastal State makes a determination under 
     subparagraph (C), the coastal State may convey or authorize 
     the qualified holder to convey the working waterfront or 
     interest in working waterfront to another qualified holder; 
     and
       ``(E) nothing in this subsection waives any legal 
     requirement under any Federal or State law.
       ``(h) Matching Contributions.--
       ``(1) Except as provided in paragraph (2), the Secretary 
     shall require that each coastal State that receives a grant 
     under this section, or a qualified holder designated by that 
     coastal State under subsection (g), shall provide matching 
     funds in an amount equal to at least 25 percent of the total 
     cost of the project carried out with the grant.
       ``(2) The Secretary may waive the application of paragraph 
     (1) for any qualified holder that is an underserved 
     community, a community that has an inability to draw on other 
     sources of funding because of the small population or low 
     income of the community, or for other reasons the Secretary 
     considers appropriate.
       ``(3) A local community designated as a qualified holder 
     under subsection (g) may utilize funds or other in-kind 
     contributions donated by a nongovernmental partner to satisfy 
     the matching funds requirement under this subsection.
       ``(4) As a condition of receipt of a grant under this 
     section, the Secretary shall require that a coastal State 
     provide to the Secretary such assurances as the Secretary 
     determines are sufficient to demonstrate that the share of 
     the cost of each eligible project that is not funded by the 
     grant awarded under this section has been secured.
       ``(5) If financial assistance under this section represents 
     only a portion of the total cost of a project, funding from 
     other Federal sources may be applied to the cost of the 
     project. Each portion shall be subject to match requirements 
     under the applicable provision of law.
       ``(6) The Secretary shall treat as non-Federal match the 
     value of a working waterfront or interest in a working 
     waterfront, including conservation and other easements, that 
     is held in perpetuity by a qualified holder, if the working 
     waterfront or interest is identified in the application for 
     the grant and acquired by the qualified holder within 3 years 
     of the grant award date, or within 3 years after the 
     submission of the application and before the end of the grant 
     award period. Such value shall be determined by an appraisal 
     performed at such time before the award of the grant as the 
     Secretary considers appropriate.
       ``(7) The Secretary shall treat as non-Federal match the 
     costs associated with acquisition of a working waterfront or 
     an interest in a working waterfront, and the costs of 
     restoration, enhancement, or other improvement to a working 
     waterfront, if the activities are identified in the project 
     application and the costs are incurred within the period of 
     the grant award, or, for working waterfront described in 
     paragraph (6), within the same time limits described in that 
     paragraph. These costs may include either cash or in-kind 
     contributions.
       ``(i) Limit on Administrative Costs.--No more than 5 
     percent of the funds made available to the Secretary under 
     this section may be used by the Secretary for planning or 
     administration of the program under this section.
       ``(j) Other Technical and Financial Assistance.--
       ``(1) Up to 5 percent of the funds appropriated under this 
     section may be used by the Secretary for purposes of 
     providing technical assistance as described in this 
     subsection.
       ``(2) The Secretary shall--
       ``(A) provide technical assistance to coastal States and 
     local governments in identifying and obtaining other sources 
     of available Federal technical and financial assistance for 
     the development and revision of a working waterfront plan and 
     the implementation of an approved working waterfront plan;
       ``(B) provide technical assistance to States and local 
     governments for the development, implementation, and revision 
     of comprehensive working waterfront plans, which may include, 
     subject to the availability of appropriations, planning 
     grants and assistance, pilot projects, feasibility studies, 
     research, and other projects necessary to further the 
     purposes of this section;
       ``(C) assist States in developing other tools to protect 
     working waterfronts;
       ``(D) collect and disseminate to States guidance for best 
     storm water management practices in regards to working 
     waterfronts;
       ``(E) provide technical assistance to States and local 
     governments on integrating resilience planning into working 
     waterfront preservation efforts; and
       ``(F) collect and disseminate best practices on working 
     waterfronts and resilience planning.
       ``(k) Other Requirements.-- All laborers and mechanics 
     employed by contractors or subcontractors in the performance 
     of construction, alteration or repair work carried out, in 
     whole or in part, with financial assistance made available 
     under this section shall be paid wages at rates not less than 
     those prevailing on projects of a character similar in the 
     locality as determined by the Secretary of Labor in 
     accordance with subchapter IV of chapter 31 of title 40, 
     United States Code. With respect to the labor standards 
     specified in this section, 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.
       ``(l) Reports.--
       ``(1) The Secretary shall--
       ``(A) develop performance measures to evaluate and report 
     on the effectiveness of

[[Page S5443]]

     the program under this section in accomplishing the purpose 
     of this section; and
       ``(B) submit to Congress a biennial report that includes 
     such evaluations, an account of all expenditures, and 
     descriptions of all projects carried out using grants awarded 
     under this section.
       ``(2) The Secretary may submit the biennial report under 
     paragraph (1)(B) by including it in the biennial report 
     required under section 316.
       ``(m) Definitions.--In this section:
       ``(1) The term `qualified holder' means a coastal State or 
     a unit of local or coastal State government or a non-State 
     organization designated by a coastal State under subsection 
     (g).
       ``(2) The term `Secretary' means the Secretary, acting 
     through the National Oceanic and Atmospheric Administration.
       ``(3) The term `working waterfront' means real property 
     (including support structures over water and other 
     facilities) that provides access to coastal waters to persons 
     engaged in commercial and recreational fishing, recreational 
     fishing and boating businesses, boatbuilding, aquaculture, or 
     other water-dependent, coastal-related business and is used 
     for, or that supports, commercial and recreational fishing, 
     recreational fishing and boating businesses, boatbuilding, 
     aquaculture, or other water-dependent, coastal-related 
     business.
       ``(4) The term `working waterfront covenant' means an 
     agreement in recordable form between the owner of working 
     waterfront and one or more qualified holders, that provides 
     such assurances as the Secretary may require that--
       ``(A) the title to or interest in the working waterfront 
     will be held by a grant recipient or qualified holder in 
     perpetuity, except as provided in subparagraph (C);
       ``(B) the working waterfront will be managed in a manner 
     that is consistent with the purposes for which the property 
     is acquired pursuant to this section, and the property will 
     not be converted to any use that is inconsistent with the 
     purpose of this section;
       ``(C) if the title to or interest in the working waterfront 
     is sold or otherwise exchanged--
       ``(i) all working waterfront owners and qualified holders 
     involved in such sale or exchange shall accede to such 
     agreement; and
       ``(ii) funds equal to the fair market value of the working 
     waterfront or interest in working waterfront shall be paid to 
     the Secretary by parties to the sale or exchange, and such 
     funds shall, at the discretion of the Secretary, be paid to 
     the coastal State in which the working waterfront is located 
     for use in the implementation of the working waterfront plan 
     of the State approved by the Secretary under this section; 
     and
       ``(D) such covenant is subject to enforcement and oversight 
     by the coastal State or by another person as determined 
     appropriate by the Secretary.
       ``(n) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Grant Program $15,000,000.''.

                 Subtitle R--Blue Carbon for Our Planet

     SEC. __28. INTERAGENCY WORKING GROUP.

       (a) Establishment.--The National Science and Technology 
     Council Subcommittee on Ocean Science and Technology shall 
     establish an Interagency Working Group on Coastal Blue 
     Carbon.
       (b) Purposes.--The Interagency Working Group on Coastal 
     Blue Carbon shall oversee the development of a national map 
     of coastal blue carbon ecosystems, establish national coastal 
     blue carbon ecosystem protection and restoration priorities, 
     assess the biophysical, social, and economic impediments to 
     coastal blue carbon ecosystem restoration, study the effects 
     of climate change, environmental stressors, and human 
     stressors on carbon sequestration rates, and preserve the 
     continuity of coastal blue carbon data.
       (c) Membership.--The Interagency Working Group on Coastal 
     Blue Carbon shall be comprised of senior representatives from 
     the National Oceanic and Atmospheric Administration, the 
     Environmental Protection Agency, the National Science 
     Foundation, the National Aeronautics and Space 
     Administration, the United States Geological Survey, the 
     United States Fish and Wildlife Service, the National Park 
     Service, the Bureau of Indian Affairs, the Smithsonian 
     Institution, the Army Corps of Engineers, the Department of 
     Agriculture, the Department of Energy, the Department of 
     Defense, the Department of Transportation, the Department of 
     State, the Federal Emergency Management Agency, and the 
     Council on Environmental Quality.
       (d) Chair.--The Interagency Working Group shall be chaired 
     by the Administrator.
       (e) Responsibilities.--The Interagency Working Group 
     shall--
       (1) oversee the development, update, and maintenance of a 
     national map and inventory of coastal blue carbon ecosystems, 
     including habitat types with a regional focus in analysis 
     that is usable for local level protection planning and 
     restoration;
       (2) develop a strategic assessment of the biophysical, 
     chemical, social, statutory, regulatory, and economic 
     impediments to protection and restoration of coastal blue 
     carbon ecosystems;
       (3) develop a national strategy for foundational science 
     necessary to study, synthesize, and evaluate the effects of 
     climate change, environmental, and human stressors on 
     sequestration rates and capabilities of coastal blue carbon 
     ecosystems protection;
       (4) establish national coastal blue carbon ecosystem 
     protection and restoration priorities, including an 
     assessment of current Federal funding being used for 
     restoration efforts;
       (5) ensure the continuity, use, and interoperability of 
     data assets through the Smithsonian Environmental Research 
     Center's Coastal Carbon Data Clearinghouse; and
       (6) assess current legal authorities to protect and restore 
     blue carbon ecosystems.
       (f) Reports to Congress.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Interagency Working Group 
     shall provide to the Committee on Science, Space, and 
     Technology of the House of Representatives, the Committee on 
     Natural Resources of the House of Representatives, and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report containing the following:
       (A) A summary of federally funded coastal blue carbon 
     ecosystem research, monitoring, preservation, and restoration 
     activities, including the budget for each of these activities 
     and describe the progress in advancing the national 
     priorities established in section __28B(a)(4)(A).
       (B) An assessment of biophysical, social, and economic 
     impediments to coastal blue carbon ecosystem restoration, 
     including the vulnerability of coastal blue carbon ecosystems 
     to climate impacts, such as sea-level rise, ocean and coastal 
     acidification, and other environmental and human stressors.
       (2) Strategic plan.--
       (A) In general.--The Interagency Working group shall create 
     a strategic plan for Federal investments in basic research, 
     development, demonstration, long-term monitoring and 
     stewardship, and deployment of coastal blue carbon ecosystem 
     projects for the 5-year period beginning at the start of the 
     first fiscal year after the date on which the budget 
     assessment is submitted under paragraph (1). The plan shall 
     include an assessment of the use of existing Federal programs 
     to protect and preserve coastal blue carbon ecosystems and 
     identify the need for any additional authorities or programs.
       (B) Timing.--The Interagency Working Group shall--
       (i) submit the strategic plan under paragraph (A) to the 
     Committee on Science, Space, and Technology of the House of 
     Representatives, the Committee on Natural Resources of the 
     House of Representatives, and the Committee on Commerce, 
     Science, and Transportation of the Senate on a date that is 
     not later than one year after the enactment of this Act and 
     not earlier than the date on which the report under paragraph 
     (1) is submitted to such committees of Congress; and
       (ii) submit a revised version of such plan not less than 
     quinquennially thereafter.
       (C) Federal register.--Not later than 90 days before the 
     strategic plan under this paragraph, or any revision thereof, 
     is submitted under subparagraph (B), the Interagency Working 
     Group shall publish such plan in the Federal Register and 
     provide an opportunity for submission of public comments for 
     a period of not less than 60 days.

     SEC. __28A. NATIONAL MAP OF COASTAL BLUE CARBON ECOSYSTEMS.

       (a) National Map.--The Interagency Working Group shall--
       (1) produce, update at least once every five years, and 
     maintain a national level map and inventory of coastal blue 
     carbon ecosystems, including--
       (A) the species and types of habitats and species in the 
     ecosystem;
       (B) the condition of such habitats including whether a 
     habitat is degraded, drained, eutrophic, or tidally 
     restricted;
       (C) type of public or private ownership and any protected 
     status;
       (D) the size of the ecosystem;
       (E) the salinity boundaries;
       (F) the tidal boundaries;
       (G) an assessment of carbon sequestration potential, 
     methane production, and net greenhouse gas reductions 
     including consideration of--
       (i) quantification;
       (ii) verifiability;
       (iii) comparison to a historical baseline, as available; 
     and
       (iv) permanence of those benefits;
       (H) an assessment of cobenefits of ecosystem and carbon 
     sequestration;
       (I) the potential for landward migration as a result of sea 
     level rise;
       (J) any upstream restrictions detrimental to the watershed 
     process and conditions such as dams, dikes, and levees;
       (K) the conversion of coastal blue carbon ecosystems to 
     other land uses and the cause of such conversion; and
       (L) a depiction of the effects of climate change, including 
     sea level rise, environmental stressors, and human stressors 
     on the sequestration rate, carbon storage, and potential of 
     coastal blue carbon ecosystems; and
       (2) in carrying out paragraph (1)--
       (A) incorporate, to the extent possible, existing data 
     collected through federally funded research and by a Federal 
     agency, State agency, local agency, Tribe, including data 
     collected from the National Oceanic and Atmospheric 
     Administration Coastal Change Analysis Program, U.S. Fish and 
     Wildlife Service National Wetlands Inventory, United States 
     Geological Survey LandCarbon program, Federal Emergency 
     Management Agency LiDAR information coordination and 
     knowledge program, Department of Energy

[[Page S5444]]

     Biological and Environmental Research program, and Department 
     of Agriculture National Coastal Blue Carbon Assessment; and
       (B) engage regional technical experts in order to 
     accurately account for regional differences in coastal blue 
     carbon ecosystems.
       (b) Use.--The Interagency Working Group shall use the 
     national map and inventory--
       (1) to assess the carbon sequestration potential of 
     different coastal blue carbon habitats, and account for any 
     regional differences;
       (2) to assess and quantify emissions from degraded and 
     destroyed coastal blue carbon ecosystems;
       (3) to develop regional assessments and to provide 
     technical assistance to regional, State, Tribal, and local 
     government agencies, and regional information coordination 
     entities as defined in section 123030(6) of the Integrated 
     Coastal and Ocean Observation System Act (33 U.S.C. 3602);
       (4) to assess degraded coastal blue carbon ecosystems and 
     their potential for restoration, including developing 
     scenario modeling to identify vulnerable areas where 
     management, protection, and restoration efforts should be 
     focused;
       (5) produce future predictions of coastal blue carbon 
     ecosystems and carbon sequestration rates in the context of 
     climate change, environmental stressors, and human stressors; 
     and
       (6) use such map to inform the Administrator of the 
     Environmental Protection Agency's creation of the annual 
     Inventory of U.S. Greenhouse Gas Emissions and Sinks.

     SEC. __28B. RESTORATION AND PROTECTIONS FOR EXISTING COASTAL 
                   BLUE CARBON ECOSYSTEMS.

       (a) In General.--The Administrator shall--
       (1) lead the Interagency Working Group in implementing the 
     strategic plan under section __28(f)(2);
       (2) coordinate monitoring and research efforts among 
     Federal agencies in cooperation with State, local, and Tribal 
     government and international partners and nongovernmental 
     organizations;
       (3) establish a national goal for conserving ocean and 
     coastal blue carbon ecosystems within the territory of the 
     United States, and as appropriate setting targets for 
     restoration of degraded coastal blue carbon ecosystems;
       (4) in coordination with the Interagency Working Group and 
     as informed by the report under section __28(f) on current 
     Federal expenditures on coastal blue carbon ecosystem 
     restoration, identify--
       (A) national coastal blue carbon ecosystem protection and 
     restoration priorities that would produce the highest rate of 
     carbon sequestration and greatest ecosystem benefits such as 
     flood protection, soil and beach retention, erosion 
     reduction, biodiversity, water purification, and nutrient 
     cycling in the context of other environmental stressors and 
     climate change; and
       (B) ways to improve coordination and to prevent unnecessary 
     duplication of effort among Federal agencies and departments 
     with respect to research on coastal blue carbon ecosystems 
     through existing and new coastal management networks; and
       (5) in coordination with State, local, and Tribal 
     governments and coastal stakeholders, develop integrated 
     pilot programs to restore degraded coastal blue carbon 
     ecosystems in accordance with subsection (b).
       (b) Integrated Pilot Programs To Restore and Protect 
     Degraded Coastal Blue Carbon Ecosystems.--In carrying out 
     subsection (a)(5), the Administrator shall--
       (1) establish integrated pilot programs that develop best 
     management practices, including design criteria and 
     performance functions for coastal blue carbon ecosystem 
     restoration and protection, nature-based adaptation 
     strategies, restoration areas that intersect with the built 
     environments as green-gray infrastructure projects, 
     management practices for landward progression or migration of 
     coastal blue carbon ecosystems, and identify potential 
     barriers to restoration efforts, and increase long-term 
     carbon sequestration and storage;
       (2) ensure that the pilot programs cover geographically and 
     ecologically diverse locations with significant ecological, 
     economic, and social benefits, such as flood protection, soil 
     and beach retention, erosion reduction, biodiversity, water 
     purification, and nutrient cycling to reduce hypoxic 
     conditions, and maximum potential for greenhouse gas emission 
     reduction;
       (3) establish a procedure for reviewing applications for 
     the pilot program, taking into account--
       (A) quantification;
       (B) verifiability;
       (C) additionality as compared to a historical baseline, 
     when feasible; and
       (D) permanence of those benefits;
       (4) ensure, through consultation with the Interagency 
     Working Group, that the goals and metrics for the pilot 
     programs are communicated to the appropriate State, Tribe, 
     and local governments, and to the general public;
       (5) coordinate with relevant Federal agencies on the 
     Interagency Working Group to prevent unnecessary duplication 
     of effort among Federal agencies and departments with respect 
     to restoration and protection programs;
       (6) give priority to proposed eligible restoration 
     activities that would--
       (A) result in long-term protection and sequestration of 
     carbon stored in coastal and marine environments;
       (B) protect key habitats for fish, wildlife, and the 
     maintenance of biodiversity;
       (C) provide coastal protection from development, storms, 
     flooding, and land-based pollution;
       (D) protect coastal resources of national, historical, and 
     cultural significance; and
       (E) benefit communities of color, low-income communities, 
     Tribal or Indigenous communities, or rural communities; and
       (7) report to the Interagency Working Group, and Committee 
     on Science, Space, and Technology of the House of 
     Representatives, the Committee on Natural Resources of the 
     House of Representatives, and the Committee on Commerce, 
     Science, and Transportation of the Senate on the total number 
     of acres of land or water protected or restored through the 
     program, the status of restoration projects, and the blue 
     carbon sequestration potential of each restoration pilot 
     project.

     SEC. __28C. NAS ASSESSMENT OF CONTAINMENT OF CARBON DIOXIDE 
                   IN DEEP SEAFLOOR ENVIRONMENT.

       Not later than 90 days after the date of the enactment of 
     this Act, the Administrator shall seek to enter into an 
     agreement with the National Academy of Sciences to conduct a 
     comprehensive assessment on the long-term effects of geologic 
     stores of carbon dioxide in a deep seafloor environment, 
     including impacts on marine species and ecosystems.

     SEC. __28D. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the National 
     Oceanic and Atmospheric Administration to carry out this 
     subtitle $15,000,000 for each of the fiscal years 2023 
     through 2027.

     SEC. __28E. DEFINITIONS.

       In this subtitle:
       (1) Administrator.--The term ``Administrator'' means the 
     Under Secretary of Commerce for Oceans and Atmosphere in the 
     Under Secretary's capacity as the Administrator of the 
     National Oceanic and Atmospheric Administration.
       (2) Coastal blue carbon ecosystem.--The term ``coastal blue 
     carbon ecosystem'' refers to vegetated coastal habitats 
     including mangroves, tidal marshes, seagrasses, kelp forests, 
     and other tidal, freshwater, or salt-water wetlands, and 
     their ability to sequester carbon from the atmosphere, 
     accumulate it in biomass for years to decades, and store it 
     in soils for centuries to millennia. Coastal blue carbon 
     ecosystems include both autochthonous carbon and 
     allochthonous carbon.
       (3) State.--The term ``State'' means each State of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, American Samoa, Guam, the Commonwealth of the 
     Northern Mariana Islands, the Virgin Islands of the United 
     States, and any other territory of the United States.

  Subtitle S--Eliminate, Neutralize, and Disrupt Wildlife Trafficking 
                    Reauthorization and Improvements

     SEC. __29. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the United States Government should continue to work 
     with international partners, including nations, 
     nongovernmental organizations, and the private sector, to 
     identify long-standing and emerging areas of concern in 
     wildlife poaching and trafficking related to global supply 
     and demand; and
       (2) the activities and required reporting of the 
     Presidential Task Force on Wildlife Trafficking, established 
     by Executive Order No. 13648 (78 Fed. Reg. 40621), and 
     modified by sections 201 and 301 of the Eliminate, 
     Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 
     U.S.C. 7621 and 7631) should be reauthorized to minimize the 
     disruption of the work of such Task Force.

     SEC. __29A. DEFINITIONS.

       Section 2 of the Eliminate, Neutralize, and Disrupt 
     Wildlife Trafficking Act of 2016 (16 U.S.C. 7601) is 
     amended--
       (1) in paragraph (3), by inserting ``involving local 
     communities'' after ``approach to conservation'';
       (2) by amending paragraph (4) to read as follows:
       ``(4) Country of concern.--The term `country of concern' 
     means a foreign country specially designated by the Secretary 
     of State pursuant to section 201(b) as a major source of 
     wildlife trafficking products or their derivatives, a major 
     transit point of wildlife trafficking products or their 
     derivatives, or a major consumer of wildlife trafficking 
     products, in which--
       ``(A) the government has actively engaged in, or knowingly 
     profited from, the trafficking of protected species; or
       ``(B) the government facilitates such trafficking through 
     conduct that may include a persistent failure to make serious 
     and sustained efforts to prevent and prosecute such 
     trafficking.''; and
       (3) in paragraph (11), by striking ``section 201'' and 
     inserting ``section 301''.

     SEC. __29B. FRAMEWORK FOR INTERAGENCY RESPONSE AND REPORTING.

       (a) Reauthorization of Report on Major Wildlife Trafficking 
     Countries.--Section 201 of the Eliminate, Neutralize, and 
     Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7621) is 
     amended--
       (1) in subsection (a), by striking ``annually thereafter'' 
     and inserting ``biennially thereafter by June 1 of each year 
     in which a report is required''; and
       (2) by amending subsection (c) to read as follows:

[[Page S5445]]

       ``(c) Designation.--A country may be designated as a 
     country of concern under subsection (b) regardless of such 
     country's status as a focus country.''.
       (b) Presidential Task Force on Wildlife Trafficking 
     Responsibilities.--Section 301(a) of the Eliminate, 
     Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 
     U.S.C. 7631(a)) is amended--
       (1) in paragraph (4), by striking ``and'' at the end;
       (2) by redesignating paragraph (5) as paragraph (10); and
       (3) by inserting after paragraph (4) the following:
       ``(5) pursue programs and develop a strategy--
       ``(A) to expand the role of technology for anti-poaching 
     and anti-trafficking efforts, in partnership with the private 
     sector, foreign governments, academia, and nongovernmental 
     organizations (including technology companies and the 
     transportation and logistics sectors); and
       ``(B) to enable local governments to develop and use such 
     technologies;
       ``(6) consider programs and initiatives that address the 
     expansion of the illegal wildlife trade to digital platforms, 
     including the use of digital currency and payment platforms 
     for transactions by collaborating with the private sector, 
     academia, and nongovernmental organizations, including social 
     media, e-commerce, and search engine companies, as 
     appropriate;
       ``(7)(A) establish and publish a procedure for removing 
     from the list in the biennial report any country of concern 
     that no longer meets the definition of country of concern 
     under section 2(4);
       ``(B) include details about such procedure in the next 
     report required under section 201;
       ``(8)(A) implement interventions to address the drivers of 
     poaching, trafficking, and demand for illegal wildlife and 
     wildlife products in focus countries and countries of 
     concern;
       ``(B) set benchmarks for measuring the effectiveness of 
     such interventions; and
       ``(C) consider alignment and coordination with indicators 
     developed by the Task Force;
       ``(9) consider additional opportunities to increase 
     coordination between law enforcement and financial 
     institutions to identify trafficking activity; and''.
       (c) Presidential Task Force on Wildlife Trafficking 
     Strategic Review.--Section 301 of the Eliminate, Neutralize, 
     and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 
     7631), as amended by subsection (b), is further amended--
       (1) in subsection (d)--
       (A) in the matter preceding paragraph (1), by striking 
     ``annually'' and inserting ``biennially'';
       (B) in paragraph (4), by striking ``and'' at the end;
       (C) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(6) an analysis of the indicators developed by the Task 
     Force, and recommended by the Government Accountability 
     Office, to track and measure inputs, outputs, law enforcement 
     outcomes, and the market for wildlife products for each focus 
     country listed in the report, including baseline measures, as 
     appropriate, for each indicator in each focus country to 
     determine the effectiveness and appropriateness of such 
     indicators to assess progress and whether additional or 
     separate indicators, or adjustments to indicators, may be 
     necessary for focus countries.''; and
       (2) by striking subsection (e).

     SEC. __29C. FUNDING SAFEGUARDS.

       (a) Procedures for Obtaining Credible Information.--Section 
     620M(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2378d(d)) is amended--
       (1) by redesignating paragraphs (4), (5), (6), and (7) as 
     paragraphs (5), (6), (7), and (8), respectively; and
       (2) by inserting after paragraph (3) the following:
       ``(4) routinely request and obtain such information from 
     the United States Agency for International Development, the 
     United States Fish and Wildlife Service, and other relevant 
     Federal agencies that partner with international 
     nongovernmental conservation groups;''.
       (b) Required Implementation.--The Secretary of State shall 
     implement the procedures established pursuant to section 
     620M(d) of the Foreign Assistance Act of 1961, as amended by 
     subsection (a), including vetting individuals and units, 
     whenever the United States Agency for International 
     Development, the United States Fish and Wildlife Service, or 
     any other relevant Federal agency that partners with 
     international nongovernmental conservation groups provides 
     assistance to any unit of the security forces of a foreign 
     country.

     SEC. __29D. ISSUANCE OF SUBPOENAS IN WILDLIFE TRAFFICKING 
                   CIVIL PENALTY ENFORCEMENT ACTIONS.

       (a) Endangered Species Act of 1973.--Section 11(e) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1540(e)) is amended 
     by adding at the end the following:
       ``(7) Issuance of subpoenas.--
       ``(A) In general.--For the purposes of any inspection or 
     investigation relating to the import into, or the export 
     from, the United States of any fish or wildlife or plants 
     covered under this Act or relating to the delivery, receipt, 
     carrying, transport, shipment, sale, or offer for sale in 
     interstate or foreign commerce of any such fish or wildlife 
     or plants imported into, or exported from, the United States, 
     the Secretary may issue subpoenas for the attendance and 
     testimony of witnesses and the production of any papers, 
     books, or other records relevant to the subject matter under 
     investigation.
       ``(B) Fees and mileage for witnesses.--A witness summoned 
     under subparagraph (A) shall be paid the same fees and 
     mileage that are paid to witnesses in the courts of the 
     United States.
       ``(C) Refusal to obey subpoenas.--
       ``(i) In general.--In the case of a contumacy or refusal to 
     obey a subpoena served on any person pursuant to this 
     paragraph, the district court of the United States for any 
     judicial district in which the person is found, resides, or 
     transacts business, on application by the United States and 
     after notice to that person, shall have jurisdiction to issue 
     an order requiring that person to appear and give testimony 
     before the Secretary, to appear and produce documents before 
     the Secretary, or both.
       ``(ii) Failure to obey.--Any failure to obey an order 
     issued by a district court of the United States under clause 
     (i) may be punished by that court as a contempt of that 
     court.''.
       (b) Lacey Act Amendments of 1981.--Section 6 of the Lacey 
     Act Amendments of 1981 (16 U.S.C. 3375) is amended by adding 
     at the end the following:
       ``(e) Issuance of Subpoenas.--
       ``(1) In general.--For the purposes of any inspection or 
     investigation relating to the import into, or the export 
     from, the United States of any fish or wildlife or plants 
     covered under this Act or relating to the transport, sale, 
     receipt, acquisition, or purchase in interstate or foreign 
     commerce of any such fish or wildlife or plants imported into 
     or exported from the United States, the Secretary may issue 
     subpoenas for the attendance and testimony of witnesses and 
     the production of any papers, books, or other records 
     relevant to the subject matter under investigation.
       ``(2) Fees and mileage for witnesses.--A witness summoned 
     under paragraph (1) shall be paid the same fees and mileage 
     that are paid to witnesses in the courts of the United 
     States.
       ``(3) Refusal to obey subpoenas.--
       ``(A) In general.--In the case of a contumacy or refusal to 
     obey a subpoena served on any person pursuant to this 
     subsection, the district court of the United States for any 
     judicial district in which the person is found, resides, or 
     transacts business, on application by the United States and 
     after notice to that person, shall have jurisdiction to issue 
     an order requiring that person to appear and give testimony 
     before the Secretary, to appear and produce documents before 
     the Secretary, or both.
       ``(B) Failure to obey.--Any failure to obey an order issued 
     by a district court of the United States under subparagraph 
     (A) may be punished by that court as a contempt of that 
     court.''.
       (c) Bald and Golden Eagle Protection Act.--
       (1) Civil penalties.--Subsection (b) of the first section 
     of the Act of June 8, 1940 (commonly known as the ``Bald and 
     Golden Eagle Protection Act'') (16 U.S.C. 668(b)), is 
     amended--
       (A) by striking ``(b) Whoever, within the'' and inserting 
     the following:
       ``(b) Civil Penalties.--
       ``(1) In general.--Whoever, within the'';
       (B) in paragraph (1) (as so designated), in the first 
     sentence, by striking ``Secretary'' and inserting ``Secretary 
     of the Interior (referred to in this subsection as the 
     `Secretary')''; and
       (C) by adding at the end the following:
       ``(2) Hearings; issuance of subpoenas.--
       ``(A) Hearings.--Hearings held during proceedings for the 
     assessment of civil penalties under paragraph (1) shall be 
     conducted in accordance with section 554 of title 5, United 
     States Code.
       ``(B) Issuance of subpoenas.--
       ``(i) In general.--For purposes of any hearing held during 
     proceedings for the assessment of civil penalties under 
     paragraph (1), the Secretary may issue subpoenas for the 
     attendance and testimony of witnesses and the production of 
     relevant papers, books, and documents, and may administer 
     oaths.
       ``(ii) Fees and mileage for witnesses.--A witness summoned 
     pursuant to clause (i) shall be paid the same fees and 
     mileage that are paid to witnesses in the courts of the 
     United States.
       ``(iii) Refusal to obey subpoenas.--

       ``(I) In general.--In the case of a contumacy or refusal to 
     obey a subpoena served on any person pursuant to this 
     subparagraph, the district court of the United States for any 
     judicial district in which the person is found, resides, or 
     transacts business, on application by the United States and 
     after notice to that person, shall have jurisdiction to issue 
     an order requiring that person to appear and give testimony 
     before the Secretary, to appear and produce documents before 
     the Secretary, or both.
       ``(II) Failure to obey.--Any failure to obey an order 
     issued by a court of the United States under subclause (I) 
     may be punished by that court as a contempt of that court.''.

       (2) Investigatory subpoenas.--Section 3 of the Act of June 
     8, 1940 (commonly known as the ``Bald and Golden Eagle 
     Protection Act'') (16 U.S.C. 668b), is amended by adding at 
     the end the following:
       ``(d) Issuance of Subpoenas.--
       ``(1) In general.--For the purposes of any inspection or 
     investigation relating to the import into or the export from 
     the United

[[Page S5446]]

     States of any bald or golden eagles covered under this Act, 
     or any parts, nests, or eggs of any such bald or golden 
     eagles, the Secretary of the Interior may issue subpoenas for 
     the attendance and testimony of witnesses and the production 
     of any papers, books, or other records relevant to the 
     subject matter under investigation.
       ``(2) Fees and mileage for witnesses.--A witness summoned 
     under paragraph (1) shall be paid the same fees and mileage 
     that are paid to witnesses in the courts of the United 
     States.
       ``(3) Refusal to obey subpoenas.--
       ``(A) In general.--In the case of a contumacy or refusal to 
     obey a subpoena served on any person pursuant to this 
     subsection, the district court of the United States for any 
     judicial district in which the person is found, resides, or 
     transacts business, on application by the United States and 
     after notice to that person, shall have jurisdiction to issue 
     an order requiring that person to appear and give testimony 
     before the Secretary of the Interior, to appear and produce 
     documents before the Secretary of the Interior, or both.
       ``(B) Failure to obey.--Any failure to obey an order issued 
     by a court of the United States under subparagraph (A) may be 
     punished by that court as a contempt of that court.''.
                                 ______
                                 
  SA 5952. Mr. PADILLA (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1077. 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 
     enactment of this Act, 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 prepare a map and legal 
     description of the parcel of Federal land designated by 
     paragraph (1).
       (ii) Corrections.--The Board and the Director of the Bureau 
     of Land Management may make clerical and typographical 
     corrections to the map and legal description prepared under 
     clause (i).
       (B) Consultation.--In preparing the map and legal 
     description under subparagraph (A)(i), the Board shall 
     consult with--
       (i) the Director of the Bureau of Land Management; and
       (ii) affected federally recognized Indian Tribes.
       (C) Public availability; effect.--The map and legal 
     description prepared under subparagraph (A)(i) and any 
     correction to the map or legal description made under 
     subparagraph (A)(ii) shall--
       (i) be publicly available on the website of the Board, the 
     Bureau of Land Management, or both; and
       (ii) have the same force and effect as if included in this 
     section.
                                 ______
                                 
  SA 5953. Mr. PADILLA submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. IRAN HOSTAGES CONGRESSIONAL GOLD MEDAL.

       (a) Findings.--Congress finds the following:
       (1) On January 20, 1981, United States diplomats, military 
     personnel, and civilians were released after being held 
     hostage for 444 days by militant student supporters of Iran's 
     Ayatollah Ruhollah Khomeini in a violation of international 
     law. The individuals were taken from the United States 
     Embassy in Tehran, Iran, and the ordeal came to be known as 
     the Iran Hostage Crisis.
       (2) The hostages were subjected to intense physical and 
     psychological torture throughout their captivity, such as 
     mock executions, beatings, solitary confinement, and 
     inhospitable living conditions.
       (3) Throughout their time held, the hostages were routinely 
     told to denounce the United States and, when they refused, 
     they were tortured, but remained strong in their spirit.

[[Page S5447]]

       (4) One hostage wrote ``Viva la roja, blanco, y azul'', 
     which translates to ``Long live the red, white, and blue'', 
     on the wall of his cell as a reminder of the values he swore 
     to protect.
       (5) The hostages showed extraordinary courage by 
     continually engaging in acts of resistance against their 
     captors, such as by refusing to sign condemnations of the 
     United States, in the face of gross violations of their human 
     rights.
       (6) Many of the hostages still experience trauma as a 
     result of the events of the crisis and deserve to have their 
     suffering recognized.
       (7) While, as of the date of enactment of this Act, 35 of 
     the hostages are living, it is important that the people of 
     the United States reflect on the resilience and strength of 
     the hostages, which serve as an example to current 
     generations.
       (8) The people of the United States should--
       (A) acknowledge the hostages as heroes who--
       (i) experienced great tribulation; and
       (ii) endured, so that the people of the United States may 
     know the blessing of living in the United States; and
       (B) strive to demonstrate the values shown by the hostages.
       (9) On January 22, 1981, President Jimmy Carter met with 
     the hostages in West Germany and stated the following: ``One 
     of the acts in my life which has been the most moving and 
     gratifying in meeting with and discussing the future and the 
     past with the now liberated Americans who were held hostage 
     in Iran for so long. I pointed out to them that, since their 
     capture by the Iranian terrorists and their being held in 
     this despicable act of savagery, that the American people's 
     hearts have gone out to them and the Nation has been united 
     as perhaps never before in history and that the prayers that 
     have gone up from the people throughout the world to God for 
     their safety have finally been answered.''.
       (10) On January 28, 1981, when welcoming the hostages home, 
     President Ronald Reagan stated the following: ``You've come 
     home to a people who for 444 days suffered the pain of your 
     imprisonment, prayed for your safety, and most importantly, 
     shared your determination that the spirit of free men and 
     women is not a fit subject for barter. You've represented 
     under great stress the highest traditions of public service. 
     Your conduct is symbolic of the millions of professional 
     diplomats, military personnel, and others who have rendered 
     service to their country.''.
       (11) During the 444 days the brave hostages were held, the 
     rest of the United States held its breath, waiting for news 
     of the hostages. The United States hoped and prayed together, 
     as one, for the hostages' safe return.
       (12) Bruce Laingen, who served as United States Ambassador 
     to Iran from 1979 to 1980 and was the highest ranking 
     diplomat held hostage, summed up the experience by saying the 
     following: ``Fifty-three Americans who will always have a 
     love affair with this country and who join with you in a 
     prayer of thanksgiving for the way in which this crisis has 
     strengthened the spirit and resilience and strength that is 
     the mark of a truly free society.''. It is now the 
     responsibility of the people of the United States to honor 
     the spirit, resilience, and strength that the hostages 
     displayed during their 444 days of imprisonment.
       (13) Now, more than 4 decades later, the United States 
     continues to honor the hostages. The recipients of the award 
     bestowed by this section are heroes in every sense of the 
     word. They are role models who wore their pride in the United 
     States with esteem and have allowed for subsequent 
     generations to appreciate the blessing of living in the 
     United States. Today, as we mark 40 years since their 
     release, the people of the United States acknowledge their 
     endurance, strength, and contributions to seeing a more 
     peaceful world. The hostages suffered for the United States 
     and now it is the duty of the United States to recognize them 
     for it.
       (b) Definition.--In this section, the term ``hostage'' 
     means a person of the United States who was taken captive on 
     November 4, 1979, in Tehran, Iran, at the United States 
     embassy and released on--
       (1) July 11, 1980; or
       (2) January 20, 1981.
       (c) Congressional Gold Medal.--
       (1) Award authorized.--The Speaker of the House of 
     Representatives and the President pro tempore of the Senate 
     shall make appropriate arrangements for the award, on behalf 
     of Congress, of a single gold medal of appropriate design to 
     the 53 hostages of the Iran Hostage Crisis, in recognition of 
     their bravery and endurance throughout their captivity, which 
     began on November 4, 1979, and lasted until January 21, 1981.
       (2) Design and striking.--For the purposes of the award 
     referred to in paragraph (1), the Secretary of the Treasury 
     (referred to in this section as the ``Secretary'') shall 
     strike a gold medal with suitable emblems, devices, and 
     inscriptions, to be determined by the Secretary, in 
     consultation with the Secretary of State.
       (3) Smithsonian institution.--
       (A) In general.--Following the award of the gold medal 
     under paragraph (1), the gold medal shall be given to the 
     National Museum of American History of the Smithsonian 
     Institution, where it shall be available for display as 
     appropriate and made available for research.
       (B) Sense of congress.--It is the sense of Congress that 
     the Smithsonian Institution should make the gold medal 
     received under subparagraph (A) available for loan, as 
     appropriate, so that the medal may be displayed elsewhere.
       (d) Bronze Duplicate Medals.--
       (1) In general.--The Secretary may strike and sell 
     duplicates in bronze of the gold medal struck pursuant to 
     subsection (c), at a price sufficient to cover the cost 
     thereof, including labor, materials, dies, use of machinery, 
     and overhead expenses.
       (2) Proceeds of sales.--The amounts received from the sale 
     of duplicate medals under paragraph (1) shall be deposited in 
     the United States Mint Public Enterprise Fund.
       (e) Authority to Use Fund Amounts.--There is authorized to 
     be charged against the United States Mint Public Enterprise 
     Fund such amounts as may be necessary to pay for the costs of 
     the medals struck under this section.
       (f) Status of Medals.--
       (1) National medals.--The medals struck pursuant to this 
     section are national medals for purposes of chapter 51 of 
     title 31, United States Code.
       (2) Numismatic items.--For purposes of section 5134 of 
     title 31, United States Code, all medals struck under this 
     section shall be considered to be numismatic items.
       (g) 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.
                                 ______
                                 
  SA 5954. Mr. PADILLA submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. ___. ASSESSMENT OF TEST INFRASTRUCTURE AND PRIORITIES 
                   RELATED TO HYPERSONIC CAPABILITIES AND RELATED 
                   TECHNOLOGIES AND HYPERSONIC TEST STRATEGY.

       (a) Assessment.--The Secretary of Defense shall assess the 
     capacity of the Department of Defense to test, evaluate, and 
     qualify hypersonic capabilities and related technologies.
       (b) Requirements.--The assessment under subsection (a) 
     shall cover the following:
       (1) Facilities within the Major Range and Test Facility 
     Base identified pursuant to section 225 of the National 
     Defense Authorization Act for Fiscal Year 2022 (Public Law 
     117-81).
       (2) The capability of each facility to simulate various 
     individual and coupled hypersonic conditions in order to 
     accurately simulate a realistic flight-like environment with 
     all relevant aero thermochemical conditions.
       (3) An analysis of the test frequency, scheduling lead 
     time, test cost, and capacity of each facility related to 
     testing technologies related to hypersonic flight.
       (4) A review of contractor-owned, commercial test flight, 
     and orbital re-entry capsule testbeds that could enhance 
     efforts to test flight vehicles in all phases of hypersonic 
     flight, and other technologies including sensors, 
     communications, thermal protective shields, optical windows, 
     navigation, and environmental sensors.
       (c) Strategy.--
       (1) In general.--Based upon the assessment required under 
     subsection (a), the Secretary shall submit to the 
     congressional defense committees, in coordination with 
     hypersonic program management offices, the Air Force Research 
     Laboratory, the Office of Naval Research, the Army Research 
     Laboratory, and the Test Resource Management Center, a 
     strategy on--
       (A) how the Department will prioritize Government-owned 
     test facilities and ranges for evaluation of hypersonic 
     technologies, and
       (B) to the maximum extent practicable, where the Department 
     should use contractor-owned, commercial flight, and re-entry 
     test capabilities to fill existing testing requirement gaps 
     where they exist to enhance and accelerate flight 
     qualification of critical hypersonic technologies.
       (2) Elements.--The strategy cover the following:
       (A) Resources needed to improve the frequency and capacity 
     of hypersonic technologies at ground based-facilities and 
     flight test ranges.
       (B) Investments that can be made to incorporate contractor-
     owned, commercial flight and orbital re-entry capsule 
     testbeds into the overall Department of Defense hypersonic 
     test infrastructure.
       (C) Environmental conditions, testing sizes, and duration 
     required for flight qualification of both hypersonic cruise 
     and hypersonic boost-glide technologies.
       (d) Major Range and Test Facility Base.--In this section, 
     the term ``Major

[[Page S5448]]

     Range and Test Facility Base'' has the meaning given that 
     term in section 196(i) of title 10, United States Code.
                                 ______
                                 
  SA 5955. Mr. PADILLA (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

    DIVISION E--PROTECTION OF CERTAIN FEDERAL LAND IN THE STATE OF 
                               CALIFORNIA

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

     SEC. 5001. DEFINITIONS.

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

            Subtitle A--Restoration and Economic Development

     SEC. 5011. SOUTH FORK TRINITY-MAD RIVER RESTORATION AREA.

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

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

       (iv) mature hardwoods.
       (6) Stewardship contract.--The term ``stewardship 
     contract'' means an agreement or contract entered into under 
     section 604 of the Healthy Forests Restoration Act of 2003 
     (16 U.S.C. 6591c).
       (7) Wildland-urban interface.--The term ``wildland-urban 
     interface'' has the meaning given the term in section 101 of 
     the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
       (b) Establishment.--Subject to valid existing rights, there 
     is established the South Fork Trinity-Mad River Restoration 
     Area, comprising approximately 871,414 acres of Federal land 
     administered by the Forest Service and the Bureau of Land 
     Management, as generally depicted on the map entitled ``South 
     Fork Trinity-Mad River Restoration Area'' and dated May 15, 
     2020.
       (c) Purposes.--The purposes of the restoration area are--
       (1) to establish, restore, and maintain fire-resilient late 
     successional forest structures characterized by large trees 
     and multistoried canopies, as ecologically appropriate, in 
     the restoration area;
       (2) to protect late successional reserves in the 
     restoration area;
       (3) to enhance the restoration of Federal land in the 
     restoration area;
       (4) to reduce the threat posed by wildfires to communities 
     in or in the vicinity of the restoration area;
       (5) to protect and restore aquatic habitat and anadromous 
     fisheries;
       (6) to protect the quality of water within the restoration 
     area; and
       (7) to allow visitors to enjoy the scenic, recreational, 
     natural, cultural, and wildlife values of the restoration 
     area.
       (d) Management.--
       (1) In general.--The Secretary shall manage the restoration 
     area--
       (A) in a manner--
       (i) consistent with the purposes described in subsection 
     (c); and
       (ii) in the case of the Forest Service, that prioritizes 
     the restoration of the restoration area over other 
     nonemergency vegetation management projects on the portions 
     of the Six Rivers and Shasta-Trinity National Forests in 
     Humboldt and Trinity Counties, California;
       (B) in accordance with an agreement entered into by the 
     Chief of the Forest Service and the Director of the United 
     States Fish and Wildlife Service--
       (i) for cooperation to ensure the timely consultation 
     required under section 7 of the Endangered Species Act of 
     1973 (16 U.S.C. 1536) on restoration projects within the 
     restoration area; and
       (ii) to maintain and exchange information on planning 
     schedules and priorities with respect to the restoration area 
     on a regular basis;
       (C) in accordance with--
       (i) the laws (including regulations) and rules applicable 
     to the National Forest System, with respect to land managed 
     by the Forest Service;
       (ii) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.), with respect to land managed by the 
     Bureau of Land Management;
       (iii) this title; and
       (iv) any other applicable law (including regulations); and
       (D) in a manner consistent with congressional intent that 
     consultation for restoration projects within the restoration 
     area be completed in a timely and efficient manner.
       (2) Conflict of laws.--
       (A) In general.--The establishment of the restoration area 
     shall not modify the management status of any land or water 
     that is designated as a component of the National Wilderness 
     Preservation System or the National Wild and Scenic Rivers 
     System, including land or water designated as a component of 
     the National Wilderness Preservation System or the National 
     Wild and Scenic Rivers System by this title (including an 
     amendment made by this title).
       (B) Resolution of conflict.--If there is a conflict between 
     a law applicable to a component described in subparagraph (A) 
     and this section, the more restrictive provision shall 
     control.
       (3) Uses.--
       (A) In general.--The Secretary shall only allow uses of the 
     restoration area that the Secretary determines would further 
     the purposes described in subsection (c).
       (B) Priority.--The Secretary shall give priority to 
     restoration activities within the restoration area.
       (C) Limitation.--Nothing in this section limits the ability 
     of the Secretary to plan, approve, or prioritize activities 
     outside of the restoration area.
       (4) Wildland fire.--
       (A) In general.--Nothing in this section prohibits the 
     Secretary, in cooperation with Federal, State, and local 
     agencies, as appropriate, from conducting wildland fire 
     operations in the restoration area, consistent with the 
     purposes of this section.
       (B) Priority.--To the maximum extent practicable, the 
     Secretary may use prescribed burning and managed wildland 
     fire to achieve the purposes of this section.
       (5) Road decommissioning.--
       (A) Definition of decommission.--In this paragraph, the 
     term ``decommission'' means, with respect to a road--
       (i) to reestablish vegetation on the road; and
       (ii) to restore any natural drainage, watershed function, 
     or other ecological process that is disrupted or adversely 
     impacted by the road by removing or hydrologically 
     disconnecting the road prism.
       (B) Decommissioning.--To the maximum extent practicable, 
     the Secretary shall decommission any unneeded National Forest 
     System road or any unauthorized road identified for 
     decommissioning within the restoration area--
       (i) subject to appropriations;
       (ii) consistent with the analysis required under subparts A 
     and B of part 212 of title 36, Code of Federal Regulations 
     (or successor regulations); and
       (iii) in accordance with existing law.
       (C) Additional requirement.--In making determinations with 
     respect to the decommissioning of a road under subparagraph 
     (B), the Secretary shall consult with--
       (i) appropriate State, Tribal, and local governmental 
     entities; and
       (ii) members of the public.
       (6) Vegetation management.--
       (A) In general.--Subject to subparagraphs (B), (C), and 
     (D), the Secretary may carry out any vegetation management 
     projects in the restoration area that the Secretary 
     determines to be necessary--
       (i) to maintain or restore the characteristics of ecosystem 
     composition and structure;
       (ii) to reduce wildfire risk to the community by promoting 
     forests that are fire resilient;
       (iii) to improve the habitat of threatened species, 
     endangered species, or sensitive species;
       (iv) to protect or improve water quality; or

[[Page S5449]]

       (v) to enhance the restoration of land within the 
     restoration area.
       (B) Additional requirements.--
       (i) Shaded fuel breaks.--In carrying out subparagraph (A), 
     the Secretary shall prioritize, as practicable, the 
     establishment in the restoration area of a network of shaded 
     fuel breaks within--

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

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

       (III) 150 feet of any plantation.

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

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

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

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

       (ii) after providing an opportunity for public comment; and
       (iii) subject to appropriations.
       (D) Best available science.--The Secretary shall use the 
     best available science in planning and carrying out 
     vegetation management projects in the restoration area.
       (7) Grazing.--
       (A) Existing grazing.--The grazing of livestock in the 
     restoration area, where established before the date of 
     enactment of this Act, shall be permitted to continue--
       (i) subject to such reasonable regulations, policies, and 
     practices as the Secretary considers to be necessary;
       (ii) in accordance with applicable law (including 
     regulations); and
       (iii) in a manner consistent with the purposes described in 
     subsection (c).
       (B) Targeted new grazing.--The Secretary may issue annual 
     targeted grazing permits for the grazing of livestock in an 
     area of the restoration area in which the grazing of 
     livestock is not authorized before the date of enactment of 
     this Act to control noxious weeds, aid in the control of 
     wildfire within the wildland-urban interface, or provide 
     other ecological benefits--
       (i) subject to such reasonable regulations, policies, and 
     practices as the Secretary considers to be necessary; and
       (ii) in a manner consistent with the purposes described in 
     subsection (c).
       (C) Best available science.--The Secretary shall use the 
     best available science in determining whether to issue 
     targeted grazing permits under subparagraph (B) within the 
     restoration area.
       (e) Withdrawal.--Subject to valid existing rights, the 
     restoration area is withdrawn from--
       (1) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws relating to mineral and 
     geothermal leasing or mineral materials.
       (f) Use of Stewardship Contracts.--To the maximum extent 
     practicable, the Secretary shall--
       (1) use stewardship contracts to carry out this section; 
     and
       (2) use revenue derived from stewardship contracts under 
     paragraph (1) to carry out restoration and other activities 
     within the restoration area, including staff and 
     administrative costs to support timely consultation 
     activities for restoration projects.
       (g) Collaboration.--In developing and carrying out 
     restoration projects in the restoration area, the Secretary 
     shall consult with collaborative groups with an interest in 
     the restoration area.
       (h) Environmental Review.--A collaboratively developed 
     restoration project within the restoration area may be 
     carried out in accordance with the provisions for hazardous 
     fuel reduction projects in sections 104, 105, and 106 of the 
     Healthy Forests Restoration Act of 2003 (16 U.S.C. 6514, 
     6515, 6516), as applicable.
       (i) Multiparty Monitoring.--The Secretary of Agriculture 
     shall--
       (1) in collaboration with the Secretary of the Interior and 
     interested persons, use a multiparty monitoring, evaluation, 
     and accountability process to assess the positive or negative 
     ecological, social, and economic effects of restoration 
     projects within the restoration area; and
       (2) incorporate the monitoring results into the management 
     of the restoration area.
       (j) Available Authorities.--The Secretary shall use any 
     available authorities to secure the funding necessary to 
     fulfill the purposes of the restoration area.
       (k) Forest Residues Utilization.--
       (1) In general.--In accordance with applicable law 
     (including regulations) and this section, the Secretary may 
     use forest residues from restoration projects, including 
     shaded fuel breaks, in the restoration area for research and 
     development of biobased products that result in net carbon 
     sequestration.
       (2) Partnerships.--In carrying out paragraph (1), the 
     Secretary may enter into partnerships with institutions of 
     higher education, nongovernmental organizations, industry, 
     Tribes, and Federal, State, and local governmental agencies.

     SEC. 5012. REDWOOD NATIONAL AND STATE PARKS RESTORATION.

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

     SEC. 5013. CALIFORNIA PUBLIC LAND REMEDIATION PARTNERSHIP.

       (a) Definitions.--In this section:
       (1) Partnership.--The term ``partnership'' means the 
     California Public Land Remediation Partnership established by 
     subsection (b).
       (2) Priority land.--The term ``priority land'' means 
     Federal land in the State that is determined by the 
     partnership to be a high priority for remediation.
       (3) Remediation.--
       (A) In general.--The term ``remediation'' means to 
     facilitate the recovery of land or water that has been 
     degraded, damaged, or destroyed by illegal marijuana 
     cultivation or another illegal activity.
       (B) Inclusions.--The term ``remediation'' includes--
       (i) the removal of trash, debris, or other material; and
       (ii) establishing the composition, structure, pattern, and 
     ecological processes necessary to facilitate terrestrial or 
     aquatic ecosystem sustainability, resilience, or health under 
     current and future conditions.
       (b) Establishment.--There is established the California 
     Public Land Remediation Partnership.
       (c) Purposes.--The purposes of the partnership are--
       (1) to coordinate the activities of Federal, State, Tribal, 
     and local authorities and the private sector in the 
     remediation of priority land in the State affected by illegal 
     marijuana cultivation or another illegal activity; and
       (2) to use the resources and expertise of each agency, 
     authority, or entity referred to in paragraph (1) in 
     implementing remediation activities on priority land in the 
     State.
       (d) Membership.--The members of the partnership shall 
     include the following:
       (1) The Secretary of Agriculture (or a designee) to 
     represent the Forest Service.
       (2) The Secretary of the Interior (or a designee) to 
     represent--
       (A) the United States Fish and Wildlife Service;
       (B) the Bureau of Land Management; and
       (C) the National Park Service.
       (3) The Director of the Office of National Drug Control 
     Policy (or a designee).
       (4) The Secretary of the State Natural Resources Agency (or 
     a designee) to represent the California Department of Fish 
     and Wildlife.
       (5) A designee of the California State Water Resources 
     Control Board.
       (6) A designee of the California State Sheriffs' 
     Association.
       (7) One member to represent federally recognized Indian 
     Tribes, to be appointed by the Secretary of Agriculture.
       (8) One member to represent nongovernmental organizations 
     with an interest in Federal land remediation, to be appointed 
     by the Secretary of Agriculture.
       (9) One member to represent local governmental interests, 
     to be appointed by the Secretary of Agriculture.
       (10) A law enforcement official from each of the following:
       (A) The Department of the Interior.
       (B) The Department of Agriculture.
       (11) A scientist to provide expertise and advice on methods 
     needed for remediation efforts, to be appointed by the 
     Secretary of Agriculture.
       (12) A designee of the National Guard Counterdrug Program.
       (e) Duties.--To further the purposes of this section, the 
     partnership shall--
       (1) identify priority land for remediation in the State;
       (2) secure resources from Federal sources and non-Federal 
     sources for remediation of priority land in the State;
       (3) support efforts by Federal, State, Tribal, and local 
     agencies and nongovernmental organizations in carrying out 
     remediation of priority land in the State;
       (4) support research and education on the impacts of, and 
     solutions to, illegal marijuana cultivation and other illegal 
     activities on priority land in the State;
       (5) involve other Federal, State, Tribal, and local 
     agencies, nongovernmental organizations, and the public in 
     remediation efforts on priority land in the State, to the 
     maximum extent practicable; and

[[Page S5450]]

       (6) carry out any other administrative or advisory 
     activities necessary to address remediation of priority land 
     in the State.
       (f) Authorities.--Subject to the prior approval of the 
     Secretary of Agriculture, the partnership may--
       (1) provide grants to the State, political subdivisions of 
     the State, nonprofit organizations, and other persons;
       (2) enter into cooperative agreements with, or provide 
     technical assistance to, the State, political subdivisions of 
     the State, nonprofit organizations, Federal agencies, and 
     other interested persons;
       (3) hire and compensate staff;
       (4) obtain funds or services from any source, including--
       (A) Federal funds (including funds and services provided 
     under any other Federal law or program); and
       (B) non-Federal funds;
       (5) contract for goods or services; and
       (6) support--
       (A) activities of partners; and
       (B) any other activities that further the purposes of this 
     section.
       (g) Procedures.--The partnership shall establish any rules 
     and procedures that the partnership determines to be 
     necessary or appropriate.
       (h) Local Hiring.--The partnership shall, to the maximum 
     extent practicable and in accordance with existing law, give 
     preference to local entities and individuals in carrying out 
     this section.
       (i) Service Without Compensation.--A member of the 
     partnership shall serve without pay.
       (j) Duties and Authorities of the Secretaries.--
       (1) In general.--The Secretary of Agriculture shall convene 
     the partnership on a regular basis to carry out this section.
       (2) Technical and financial assistance.--The Secretary of 
     Agriculture and the Secretary of the Interior may provide 
     technical and financial assistance, on a reimbursable or 
     nonreimbursable basis, as determined to be appropriate by the 
     Secretary of Agriculture or the Secretary of the Interior, as 
     applicable, to the partnership or any members of the 
     partnership to carry out this section.
       (3) Cooperative agreements.--The Secretary of Agriculture 
     and the Secretary of the Interior may enter into cooperative 
     agreements with the partnership, any member of the 
     partnership, or other public or private entities to provide 
     technical, financial, or other assistance to carry out this 
     section.

     SEC. 5014. TRINITY LAKE VISITOR CENTER.

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

     SEC. 5015. DEL NORTE COUNTY VISITOR CENTER.

       (a) In General.--The Secretary of Agriculture and the 
     Secretary of the Interior, acting jointly or separately 
     (referred to in this section as the ``Secretaries''), may 
     establish, in cooperation with any other public or private 
     entity that the Secretaries determine to be appropriate, a 
     visitor center in Del Norte County, California--
       (1) to serve visitors; and
       (2) to assist in fulfilling the purposes of Redwood 
     National and State Parks, the Smith River National Recreation 
     Area, and any other Federal land in the vicinity of the 
     visitor center.
       (b) Requirements.--The Secretaries shall ensure that the 
     visitor center authorized under subsection (a) is designed to 
     interpret the scenic, biological, natural, historical, 
     scientific, paleontological, recreational, ecological, 
     wilderness, and cultural resources of Redwood National and 
     State Parks, the Smith River National Recreation Area, and 
     any other Federal land in the vicinity of the visitor center.

     SEC. 5016. MANAGEMENT PLANS.

       (a) In General.--In revising the land and resource 
     management plan for each of the Shasta-Trinity, Six Rivers, 
     Klamath, and Mendocino National Forests, the Secretary 
     shall--
       (1) consider the purposes of the South Fork Trinity-Mad 
     River Restoration Area established by section 5011(b); and
       (2) include or update the fire management plan for a 
     wilderness area or wilderness addition established by this 
     title.
       (b) Requirement.--In making the revisions under subsection 
     (a), the Secretary shall--
       (1) develop spatial fire management plans in accordance 
     with--
       (A) the Guidance for Implementation of Federal Wildland 
     Fire Management Policy, dated February 13, 2009, including 
     any amendments to the guidance; and
       (B) other appropriate policies;
       (2) ensure that a fire management plan--
       (A) considers how prescribed or managed fire can be used to 
     achieve ecological management objectives of wilderness and 
     other natural or primitive areas; and
       (B) in the case of a wilderness area to which land is added 
     under section 5031, provides consistent direction regarding 
     fire management to the entire wilderness area, including the 
     wilderness addition;
       (3) consult with--
       (A) appropriate State, Tribal, and local governmental 
     entities; and
       (B) members of the public; and
       (4) comply with applicable law (including regulations).

     SEC. 5017. STUDY; PARTNERSHIPS RELATED TO OVERNIGHT 
                   ACCOMMODATIONS.

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

                         Subtitle B--Recreation

     SEC. 5021. HORSE MOUNTAIN SPECIAL MANAGEMENT AREA.

       (a) Establishment.--Subject to valid existing rights, there 
     is established the Horse Mountain Special Management Area 
     (referred to in this section as the ``special management 
     area'') comprising approximately 7,482 acres of Federal land 
     administered by the Forest Service in Humboldt County, 
     California, as generally depicted on the map entitled ``Horse 
     Mountain Special Management Area'' and dated May 15, 2020.
       (b) Purpose.--The purpose of the special management area is 
     to enhance the recreational and scenic values of the special 
     management area while conserving the plants, wildlife, and 
     other natural resource values of the area.
       (c) Management Plan.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act and in accordance with paragraph (2), 
     the Secretary of Agriculture (referred to in this section as 
     the ``Secretary'') shall develop a comprehensive plan for the 
     long-term management of the special management area.
       (2) Consultation.--In developing the management plan 
     required under paragraph (1), the Secretary shall consult 
     with--
       (A) appropriate State, Tribal, and local governmental 
     entities; and
       (B) members of the public.
       (3) Additional requirement.--The management plan required 
     under paragraph (1) shall ensure that recreational use within 
     the special management area does not cause significant 
     adverse impacts on the plants and wildlife of the special 
     management area.
       (d) Management.--
       (1) In general.--The Secretary shall manage the special 
     management area--
       (A) in furtherance of the purpose described in subsection 
     (b); and
       (B) in accordance with--
       (i) the laws (including regulations) generally applicable 
     to the National Forest System;
       (ii) this section; and
       (iii) any other applicable law (including regulations).
       (2) Recreation.--The Secretary shall continue to authorize, 
     maintain, and enhance the recreational use of the special 
     management area, including hunting, fishing, camping, hiking, 
     hang gliding, sightseeing, nature study, horseback riding, 
     rafting, mountain bicycling, motorized recreation on 
     authorized routes, and other recreational activities, if the 
     recreational use is consistent with--
       (A) the purpose of the special management area;
       (B) this section;
       (C) other applicable law (including regulations); and
       (D) any applicable management plans.
       (3) Motorized vehicles.--

[[Page S5451]]

       (A) In general.--Except as provided in subparagraph (B), 
     the use of motorized vehicles in the special management area 
     shall be permitted only on roads and trails designated for 
     the use of motorized vehicles.
       (B) Use of snowmobiles.--The winter use of snowmobiles 
     shall be allowed in the special management area--
       (i) during periods of adequate snow coverage during the 
     winter season; and
       (ii) subject to any terms and conditions determined to be 
     necessary by the Secretary.
       (4) New trails.--
       (A) In general.--The Secretary may construct new trails for 
     motorized or nonmotorized recreation within the special 
     management area in accordance with--
       (i) the laws (including regulations) generally applicable 
     to the National Forest System;
       (ii) this section; and
       (iii) any other applicable law (including regulations).
       (B) Priority.--In establishing new trails within the 
     special management area, the Secretary shall--
       (i) prioritize the establishment of loops that provide 
     high-quality, diverse recreational experiences; and
       (ii) consult with members of the public.
       (e) Withdrawal.--Subject to valid existing rights, the 
     special management area is withdrawn from--
       (1) all forms of appropriation or disposal under the public 
     land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under laws relating to mineral and 
     geothermal leasing.

     SEC. 5022. BIGFOOT NATIONAL RECREATION TRAIL.

       (a) Feasibility Study.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary of Agriculture (referred 
     to in this section as the ``Secretary''), in cooperation with 
     the Secretary of the Interior, shall submit to the Committee 
     on Energy and Natural Resources of the Senate and the 
     Committee on Natural Resources of the House of 
     Representatives a study that describes the feasibility of 
     establishing a nonmotorized Bigfoot National Recreation Trail 
     that follows the route described in paragraph (2).
       (2) Route.--The route referred to in paragraph (1) shall 
     extend from the Ides Cove Trailhead in the Mendocino National 
     Forest to Crescent City, California, following the route as 
     generally depicted on the map entitled ``Bigfoot National 
     Recreation Trail--Proposed'' and dated July 25, 2018.
       (3) Additional requirement.--In completing the study 
     required under paragraph (1), the Secretary shall consult 
     with--
       (A) appropriate Federal, State, Tribal, regional, and local 
     agencies;
       (B) private landowners;
       (C) nongovernmental organizations; and
       (D) members of the public.
       (b) Designation.--
       (1) In general.--On a determination by the Secretary that 
     the Bigfoot National Recreation Trail is feasible and meets 
     the requirements for a National Recreation Trail under 
     section 4 of the National Trails System Act (16 U.S.C. 1243), 
     the Secretary shall designate the Bigfoot National Recreation 
     Trail (referred to in this section as the ``trail'') in 
     accordance with--
       (A) the National Trails System Act (16 U.S.C. 1241 et seq.)
       (B) this title; and
       (C) other applicable law (including regulations).
       (2) Administration.--On designation by the Secretary, the 
     trail shall be administered by the Secretary, in consultation 
     with--
       (A) other Federal, State, Tribal, regional, and local 
     agencies;
       (B) private landowners; and
       (C) other interested organizations.
       (3) Private property rights.--
       (A) In general.--No portions of the trail may be located on 
     non-Federal land without the written consent of the 
     landowner.
       (B) Prohibition.--The Secretary shall not acquire for the 
     trail any land or interest in land outside the exterior 
     boundary of any federally managed area without the consent of 
     the owner of the land or interest in the land.
       (C) Effect.--Nothing in this section--
       (i) requires any private property owner to allow public 
     access (including Federal, State, or local government access) 
     to private property; or
       (ii) modifies any provision of Federal, State, or local law 
     with respect to public access to or use of private land.
       (c) Cooperative Agreements.--In carrying out this section, 
     the Secretary may enter into cooperative agreements with 
     State, Tribal, and local government entities and private 
     entities--
       (1) to complete necessary trail construction, 
     reconstruction, realignment, or maintenance; or
       (2) carry out education projects relating to the trail.
       (d) Map.--
       (1) Map required.--On designation of the trail, the 
     Secretary shall prepare a map of the trail.
       (2) Public availability.--The map referred to in paragraph 
     (1) shall be on file and available for public inspection in 
     the appropriate offices of the Forest Service.

     SEC. 5023. ELK CAMP RIDGE RECREATION TRAIL.

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

     SEC. 5024. TRINITY LAKE TRAIL.

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

     SEC. 5025. TRAILS STUDY.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of Agriculture, in 
     accordance with subsection (b) and in consultation with 
     interested parties, shall conduct a study to improve 
     motorized and nonmotorized recreation trail opportunities 
     (including mountain bicycling) on land not designated as 
     wilderness within the portions of the Six Rivers, Shasta-
     Trinity, and Mendocino National Forests located in Del Norte, 
     Humboldt,

[[Page S5452]]

     Trinity, and Mendocino Counties in the State.
       (b) Consultation.--In carrying out the study under 
     subsection (a), the Secretary of Agriculture shall consult 
     with the Secretary of the Interior regarding opportunities to 
     improve, through increased coordination, recreation trail 
     opportunities on land under the jurisdiction of the Secretary 
     of the Interior that shares a boundary with the National 
     Forest System land described in subsection (a).

     SEC. 5026. CONSTRUCTION OF MOUNTAIN BICYCLING ROUTES.

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

     SEC. 5027. PARTNERSHIPS.

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

                        Subtitle C--Conservation

     SEC. 5031. DESIGNATION OF WILDERNESS.

       (a) In General.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Black butte river wilderness.--Certain Federal land 
     managed by the Forest Service in the State, comprising 
     approximately 11,155 acres, as generally depicted on the map 
     entitled ``Black Butte Wilderness--Proposed'' and dated May 
     15, 2020, which shall be known as the ``Black Butte River 
     Wilderness''.
       (2) Chanchelulla wilderness additions.--Certain Federal 
     land managed by the Forest Service in the State, comprising 
     approximately 6,382 acres, as generally depicted on the map 
     entitled ``Chanchelulla Wilderness Additions--Proposed'' and 
     dated May 15, 2020, which is incorporated in, and considered 
     to be a part of, the Chanchelulla Wilderness designated by 
     section 101(a)(4) of the California Wilderness Act of 1984 
     (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1619).
       (3) Chinquapin wilderness.--Certain Federal land managed by 
     the Forest Service in the State, comprising approximately 
     27,164 acres, as generally depicted on the map entitled 
     ``Chinquapin Wilderness--Proposed'' and dated May 15, 2020, 
     which shall be known as the ``Chinquapin Wilderness''.
       (4) Elkhorn ridge wilderness addition.--Certain Federal 
     land managed by the Bureau of Land Management in the State, 
     comprising approximately 37 acres, as generally depicted on 
     the map entitled ``Proposed Elkhorn Ridge Wilderness 
     Additions'' and dated October 24, 2019, which is incorporated 
     in, and considered to be a part of, the Elkhorn Ridge 
     Wilderness designated by section 6(d) of the Northern 
     California Coastal Wild Heritage Wilderness Act (16 U.S.C. 
     1132 note; Public Law 109-362; 120 Stat. 2070).
       (5) English ridge wilderness.--Certain Federal land managed 
     by the Bureau of Land Management in the State, comprising 
     approximately 6,204 acres, as generally depicted on the map 
     entitled ``English Ridge Wilderness--Proposed'' and dated 
     March 29, 2019, which shall be known as the ``English Ridge 
     Wilderness''.
       (6) Headwaters forest wilderness.--Certain Federal land 
     managed by the Bureau of Land Management in the State, 
     comprising approximately 4,360 acres, as generally depicted 
     on the map entitled ``Headwaters Forest Wilderness--
     Proposed'' and dated October 15, 2019, which shall be known 
     as the ``Headwaters Forest Wilderness''.
       (7) Mad river buttes wilderness.--Certain Federal land 
     managed by the Forest Service in the State, comprising 
     approximately 6,097 acres, as generally depicted on the map 
     entitled ``Mad River Buttes Wilderness--Proposed'' and dated 
     May 15, 2020, which shall be known as the ``Mad River Buttes 
     Wilderness''.
       (8) Mount lassic wilderness addition.--Certain Federal land 
     managed by the Forest Service in the State, comprising 
     approximately 1,288 acres, as generally depicted on the map 
     entitled ``Mt. Lassic Wilderness Additions--Proposed'' and 
     dated May 15, 2020, which is incorporated in, and considered 
     to be a part of, the Mount Lassic Wilderness designated by 
     section 3(6) of the Northern California Coastal Wild Heritage 
     Wilderness Act (16 U.S.C. 1132 note; Public Law 109-362; 120 
     Stat. 2065).
       (9) North fork wilderness addition.--Certain Federal land 
     managed by the Forest Service and the Bureau of Land 
     Management in the State, comprising approximately 16,342 
     acres, as generally depicted on the map entitled ``North Fork 
     Eel Wilderness Additions'' and dated May 15, 2020, which is 
     incorporated in, and considered to be a part of, the North 
     Fork Wilderness designated by section 101(a)(19) of the 
     California Wilderness Act of 1984 (16 U.S.C. 1132 note; 
     Public Law 98-425; 98 Stat. 1621).
       (10) Pattison wilderness.--Certain Federal land managed by 
     the Forest Service in the State, comprising approximately 
     29,451 acres, as generally depicted on the map entitled 
     ``Pattison Wilderness--Proposed'' and dated May 15, 2020, 
     which shall be known as the ``Pattison Wilderness''.
       (11) Sanhedrin wilderness addition.--Certain Federal land 
     managed by the Forest Service in the State, comprising 
     approximately 112 acres, as generally depicted on the map 
     entitled ``Sanhedrin Wilderness Addition--Proposed'' and 
     dated March 29, 2019, which is incorporated in, and 
     considered to be a part of, the Sanhedrin Wilderness 
     designated by section 3(2) of the Northern California Coastal 
     Wild Heritage Wilderness Act (16 U.S.C. 1132 note; Public Law 
     109-362; 120 Stat. 2065).
       (12) Siskiyou wilderness addition.--Certain Federal land 
     managed by the Forest Service in the State, comprising 
     approximately 23,913 acres, as generally depicted on the maps 
     entitled ``Siskiyou Wilderness Additions--Proposed (North)'' 
     and ``Siskiyou Wilderness Additions--Proposed (South)'' and 
     dated May 15, 2020, which is incorporated in, and considered 
     to be a part of, the Siskiyou Wilderness, as designated by 
     section 101(a)(30) of the California Wilderness Act of 1984 
     (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1623).
       (13) South fork eel river wilderness addition.--Certain 
     Federal land managed by the Bureau of Land Management in the 
     State, comprising approximately 603 acres, as generally 
     depicted on the map entitled ``South Fork Eel River 
     Wilderness Additions--Proposed'' and dated October 24, 2019, 
     which is incorporated in, and considered to be a part of, the 
     South Fork Eel River Wilderness designated by section 3(10) 
     of the Northern California Coastal Wild Heritage Wilderness 
     Act (16 U.S.C. 1132 note; Public Law 109-362; 120 Stat. 
     2066).
       (14) South fork trinity river wilderness.--Certain Federal 
     land managed by the Forest Service in the State, comprising 
     approximately 26,115 acres, as generally depicted on the map 
     entitled ``South Fork Trinity River Wilderness Additions--
     Proposed'' and dated May 15, 2020, which shall be known as 
     the ``South Fork Trinity River Wilderness''.
       (15) Trinity alps wilderness addition.--Certain Federal 
     land managed by the Forest Service in the State, comprising 
     approximately 61,187 acres, as generally depicted on the maps 
     entitled ``Trinity Alps Proposed Wilderness Additions EAST'' 
     and ``Trinity Alps Wilderness Additions West--Proposed'' and 
     dated May 15, 2020, which is incorporated in, and considered 
     to be a part of, the Trinity Alps Wilderness designated by 
     section 101(a)(34) of the California Wilderness Act of 1984 
     (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1623).
       (16) Underwood wilderness.--Certain Federal land managed by 
     the Forest Service in the State, comprising approximately 
     15,068 acres, as generally depicted on the map entitled 
     ``Underwood Wilderness--Proposed'' and dated May 15, 2020, 
     which shall be known as the ``Underwood Wilderness''.
       (17) Yolla bolly-middle eel wilderness additions.--Certain 
     Federal land managed by the Forest Service and the Bureau of 
     Land Management in the State, comprising approximately 11,243 
     acres, as generally depicted on the maps entitled ``Yolla 
     Bolly Wilderness Proposed--NORTH'', ``Yolla Bolly Wilderness 
     Proposed--SOUTH'', and ``Yolla Bolly Wilderness Proposed--
     WEST'' and dated May 15, 2020, which is incorporated in, and 
     considered to be a part of, the Yolla Bolly-Middle Eel 
     Wilderness designated by section 3 of the Wilderness Act (16 
     U.S.C. 1132).
       (18) Yuki wilderness addition.--Certain Federal land 
     managed by the Forest Service

[[Page S5453]]

     and the Bureau of Land Management in the State, comprising 
     approximately 11,076 acres, as generally depicted on the map 
     entitled ``Yuki Wilderness Additions--Proposed'' and dated 
     May 15, 2020, which is incorporated in, and considered to be 
     a part of, the Yuki Wilderness designated by section 3(3) of 
     the Northern California Coastal Wild Heritage Wilderness Act 
     (16 U.S.C. 1132 note; Public Law 109-362; 120 Stat. 2065).
       (b) Redesignation of North Fork Wilderness as North Fork 
     Eel River Wilderness.--
       (1) In general.--Section 101(a)(19) of the California 
     Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-
     425; 98 Stat. 1621) is amended by striking ``which shall be 
     known as the North Fork Wilderness'' and inserting ``which 
     shall be known as the `North Fork Eel River Wilderness' ''.
       (2) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     ``North Fork Wilderness'' shall be considered to be a 
     reference to the ``North Fork Eel River Wilderness''.
       (c) Elkhorn Ridge Wilderness Modification.--The boundary of 
     the Elkhorn Ridge Wilderness established by section 6(d) of 
     the Northern California Coastal Wild Heritage Wilderness Act 
     (16 U.S.C. 1132 note; Public Law 109-362; 120 Stat. 2070) is 
     modified by removing approximately 30 acres of Federal land, 
     as generally depicted on the map entitled ``Proposed Elkhorn 
     Ridge Wilderness Additions'' and dated October 24, 2019.

     SEC. 5032. ADMINISTRATION OF WILDERNESS.

       (a) In General.--Subject to valid existing rights, a 
     wilderness area or wilderness addition established by section 
     5031(a) (referred to in this section as a ``wilderness area 
     or addition'') shall be administered by the Secretary in 
     accordance with this subtitle and the Wilderness Act (16 
     U.S.C. 1131 et seq.), except that--
       (1) any reference in the Wilderness Act to the effective 
     date of that Act shall be considered to be a reference to the 
     date of enactment of this Act; and
       (2) any reference in that Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary.
       (b) Fire Management and Related Activities.--
       (1) In general.--The Secretary may carry out any activities 
     in a wilderness area or addition as are necessary for the 
     control of fire, insects, or disease in accordance with--
       (A) section 4(d)(1) of the Wilderness Act (16 U.S.C. 
     1133(d)(1)); and
       (B) the report of the Committee on Interior and Insular 
     Affairs of the House of Representatives accompanying H.R. 
     1437 of the 98th Congress (House Report 98-40).
       (2) Funding priorities.--Nothing in this subtitle limits 
     funding for fire or fuels management in a wilderness area or 
     addition.
       (3) Administration.--In accordance with paragraph (1) and 
     any other applicable Federal law, to ensure a timely and 
     efficient response to a fire emergency in a wilderness area 
     or addition, the Secretary of Agriculture shall--
       (A) not later than 1 year after the date of enactment of 
     this Act, establish agency approval procedures (including 
     appropriate delegations of authority to the Forest 
     Supervisor, District Manager, or other agency officials) for 
     responding to fire emergencies; and
       (B) enter into agreements with appropriate State or local 
     firefighting agencies.
       (c) Grazing.--The grazing of livestock in a wilderness area 
     or addition, if established before the date of enactment of 
     this Act, shall be administered in accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (2)(A) for land under the jurisdiction of the Secretary of 
     Agriculture, the guidelines set forth in the report of the 
     Committee on Interior and Insular Affairs of the House of 
     Representatives accompanying H.R. 5487 of the 96th Congress 
     (H. Rept. 96-617); and
       (B) for land under the jurisdiction of the Secretary of the 
     Interior, the guidelines set forth in Appendix A of the 
     report of the Committee on Interior and Insular Affairs of 
     the House of Representatives accompanying H.R. 2570 of the 
     101st Congress (H. Rept. 101-405).
       (d) Fish and Wildlife.--
       (1) In general.--In accordance with section 4(d)(7) of the 
     Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this 
     subtitle affects the jurisdiction or responsibilities of the 
     State with respect to fish and wildlife on public land in the 
     State.
       (2) Management activities.--In support of the purposes and 
     principles of the Wilderness Act (16 U.S.C. 1131 et seq.), 
     the Secretary may conduct any management activity that the 
     Secretary determines to be necessary to maintain or restore a 
     fish, wildlife, or plant population or habitat in a 
     wilderness area or addition, if the management activity is 
     conducted in accordance with--
       (A) an applicable wilderness management plan;
       (B) the Wilderness Act (16 U.S.C. 1131 et seq.); and
       (C) appropriate policies, such as the policies established 
     in Appendix B of the report of the Committee on Interior and 
     Insular Affairs of the House of Representatives accompanying 
     H.R. 2570 of the 101st Congress (H. Rept. 101-405).
       (e) Buffer Zones.--
       (1) In general.--Nothing in this subtitle establishes a 
     protective perimeter or buffer zone around a wilderness area 
     or addition.
       (2) Outside activities or uses.--The fact that a 
     nonwilderness activity or use can be seen or heard from 
     within a wilderness area or addition shall not preclude the 
     activity or use outside the boundary of the wilderness area 
     or addition.
       (f) Military Activities.--Nothing in this subtitle 
     precludes--
       (1) low-level overflights of military aircraft over a 
     wilderness area or addition;
       (2) the designation of a new unit of special airspace over 
     a wilderness area or addition; or
       (3) the use or establishment of a military flight training 
     route over a wilderness area or addition.
       (g) Horses.--Nothing in this subtitle precludes horseback 
     riding in, or the entry of recreational or commercial saddle 
     or pack stock into, a wilderness area or addition--
       (1) in accordance with section 4(d)(5) of the Wilderness 
     Act (16 U.S.C. 1133(d)(5)); and
       (2) subject to any terms and conditions determined to be 
     necessary by the Secretary.
       (h) Withdrawal.--Subject to valid existing rights, the 
     wilderness areas and additions are withdrawn from--
       (1) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral materials and geothermal 
     leasing laws.
       (i) Use by Members of Indian Tribes.--
       (1) Access.--In recognition of the past use of wilderness 
     areas and additions by members of Indian Tribes for 
     traditional cultural and religious purposes, the Secretary 
     shall ensure that Indian Tribes have access to the wilderness 
     areas and additions for traditional cultural and religious 
     purposes.
       (2) Temporary closures.--
       (A) In general.--In carrying out this section, the 
     Secretary, on request of an Indian Tribe, may temporarily 
     close to the general public 1 or more specific portions of a 
     wilderness area or addition to protect the privacy of the 
     members of the Indian Tribe in the conduct of the traditional 
     cultural and religious activities in the wilderness area or 
     addition.
       (B) Requirement.--Any closure under subparagraph (A) shall 
     be made in such a manner as to affect the smallest 
     practicable area for the minimum period of time necessary for 
     the activity to be carried out.
       (3) Applicable law.--Access to the wilderness areas and 
     wilderness additions under this subsection shall be in 
     accordance with--
       (A) Public Law 95-341 (commonly known as the ``American 
     Indian Religious Freedom Act'') (42 U.S.C. 1996 et seq.); and
       (B) the Wilderness Act (16 U.S.C. 1131 et seq.).
       (j) Incorporation of Acquired Land and Interests.--Any land 
     within the boundary of a wilderness area or addition that is 
     acquired by the United States shall--
       (1) become part of the wilderness area or addition in which 
     the land is located;
       (2) be withdrawn in accordance with subsection (h); and
       (3) be managed in accordance with--
       (A) this section;
       (B) the Wilderness Act (16 U.S.C. 1131 et seq.); and
       (C) any other applicable law.
       (k) Climatological Data Collection.--In accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such 
     terms and conditions as the Secretary may prescribe, the 
     Secretary may authorize the installation and maintenance of 
     hydrologic, meteorologic, or climatological collection 
     devices in a wilderness area or addition if the Secretary 
     determines that the devices and access to the devices are 
     essential to a flood warning, flood control, or water 
     reservoir operation activity.
       (l) Authorized Events.--The Secretary may continue to 
     authorize the competitive equestrian event permitted since 
     2012 in the Chinquapin Wilderness established by section 
     5031(a)(3) in a manner compatible with the preservation of 
     the area as wilderness.
       (m) Recreational Climbing.--Nothing in this title prohibits 
     recreational rock climbing activities in the wilderness areas 
     or additions, such as the placement, use, and maintenance of 
     fixed anchors, including any fixed anchor established before 
     the date of enactment of this Act--
       (1) in accordance with the Wilderness Act (16 U.S.C. 1131 
     et seq.); and
       (2) subject to any terms and conditions determined to be 
     necessary by the Secretary.

     SEC. 5033. DESIGNATION OF POTENTIAL WILDERNESS.

       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), the following areas 
     in the State are designated as potential wilderness areas:
       (1) Certain Federal land managed by the Forest Service, 
     comprising approximately 4,005 acres, as generally depicted 
     on the map entitled ``Chinquapin Proposed Potential 
     Wilderness'' and dated May 15, 2020.
       (2) Certain Federal land administered by the National Park 
     Service, compromising approximately 31,000 acres, as 
     generally depicted on the map entitled ``Redwood National 
     Park--Potential Wilderness'' and dated October 9, 2019.
       (3) Certain Federal land managed by the Forest Service, 
     comprising approximately 5,681 acres, as generally depicted 
     on the map entitled ``Siskiyou Proposed Potential 
     Wildernesses'' and dated May 15, 2020.
       (4) Certain Federal land managed by the Forest Service, 
     comprising approximately 446 acres, as generally depicted on 
     the map entitled ``South Fork Trinity River Proposed 
     Potential Wilderness'' and dated May 15, 2020.

[[Page S5454]]

       (5) Certain Federal land managed by the Forest Service, 
     comprising approximately 1,256 acres, as generally depicted 
     on the map entitled ``Trinity Alps Proposed Potential 
     Wilderness'' and dated May 15, 2020.
       (6) Certain Federal land managed by the Forest Service, 
     comprising approximately 4,386 acres, as generally depicted 
     on the map entitled ``Yolla Bolly Middle-Eel Proposed 
     Potential Wilderness'' and dated May 15, 2020.
       (7) Certain Federal land managed by the Forest Service, 
     comprising approximately 2,918 acres, as generally depicted 
     on the map entitled ``Yuki Proposed Potential Wilderness'' 
     and dated May 15, 2020.
       (b) Management.--Except as provided in subsection (c) and 
     subject to valid existing rights, the Secretary shall manage 
     each potential wilderness area designated by subsection (a) 
     (referred to in this section as a ``potential wilderness 
     area'') as wilderness until the date on which the potential 
     wilderness area is designated as wilderness under subsection 
     (d).
       (c) Ecological Restoration.--
       (1) In general.--For purposes of ecological restoration 
     (including the elimination of nonnative species, removal of 
     illegal, unused, or decommissioned roads, repair of skid 
     tracks, and any other activities necessary to restore the 
     natural ecosystems in a potential wilderness area and 
     consistent with paragraph (2)), the Secretary may use 
     motorized equipment and mechanized transport in a potential 
     wilderness area until the date on which the potential 
     wilderness area is designated as wilderness under subsection 
     (d).
       (2) Limitation.--To the maximum extent practicable, the 
     Secretary shall use the minimum tool or administrative 
     practice necessary to accomplish ecological restoration with 
     the least amount of adverse impact on wilderness character 
     and resources.
       (d) Wilderness Designation.--A potential wilderness area 
     shall be designated as wilderness and as a component of the 
     National Wilderness Preservation System on the earlier of--
       (1) the date on which the Secretary publishes in the 
     Federal Register notice that the conditions in the potential 
     wilderness area that are incompatible with the Wilderness Act 
     (16 U.S.C. 1131 et seq.) have been removed; and
       (2) the date that is 10 years after the date of enactment 
     of this Act, in the case of a potential wilderness area 
     located on land managed by the Forest Service.
       (e) Administration as Wilderness.--
       (1) In general.--On the designation of a potential 
     wilderness area as wilderness under subsection (d), the 
     wilderness shall be administered in accordance with--
       (A) section 5032; and
       (B) the Wilderness Act (16 U.S.C. 1131 et seq.).
       (2) Designation.--On the designation as wilderness under 
     subsection (d)--
       (A) the land described in subsection (a)(1) shall be 
     incorporated in, and considered to be a part of, the 
     Chinquapin Wilderness established by section 5031(a)(3);
       (B) the land described in subsection (a)(3) shall be 
     incorporated in, and considered to be a part of, the Siskiyou 
     Wilderness designated by section 101(a)(30) of the California 
     Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-
     425; 98 Stat. 1623);
       (C) the land described in subsection (a)(4) shall be 
     incorporated in, and considered to be a part of, the South 
     Fork Trinity River Wilderness established by section 
     5031(a)(14);
       (D) the land described in subsection (a)(5) shall be 
     incorporated in, and considered to be a part of, the Trinity 
     Alps Wilderness designated by section 101(a)(34) of the 
     California Wilderness Act of 1984 (16 U.S.C. 1132 note; 
     Public Law 98-425; 98 Stat. 1623);
       (E) the land described in subsection (a)(6) shall be 
     incorporated in, and considered to be a part of, the Yolla 
     Bolly-Middle Eel Wilderness designated by section 3 of the 
     Wilderness Act (16 U.S.C. 1132); and
       (F) the land described in subsection (a)(7) shall be 
     incorporated in, and considered to be a part of, the Yuki 
     Wilderness designated by section 3(3) of the Northern 
     California Coastal Wild Heritage Wilderness Act (16 U.S.C. 
     1132 note; Public Law 109-362; 120 Stat. 2065) and expanded 
     by section 5031(a)(18).
       (f) Report.--Not later than 3 years after the date of 
     enactment of this Act, and every 3 years thereafter until the 
     date on which the potential wilderness areas are designated 
     as wilderness under subsection (d), the Secretary shall 
     submit to the Committee on Energy and Natural Resources of 
     the Senate and the Committee on Natural Resources of the 
     House of Representatives a report that describes--
       (1) the status of ecological restoration within the 
     potential wilderness areas; and
       (2) the progress toward the eventual designation of the 
     potential wilderness areas as wilderness under subsection 
     (d).

     SEC. 5034. DESIGNATION OF WILD AND SCENIC RIVERS.

       Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1274(a)) is amended by adding at the end the following:
       ``(231) South fork trinity river.--The following segments 
     from the source tributaries in the Yolla Bolly-Middle Eel 
     Wilderness, to be administered by the Secretary of 
     Agriculture:
       ``(A) The 18.3-mile segment from its multiple source 
     springs in the Cedar Basin of the Yolla Bolly-Middle Eel 
     Wilderness in sec. 15, T. 27 N., R. 10 W., to 0.25 miles 
     upstream of the Wild Mad Road, as a wild river.
       ``(B) The 0.65-mile segment from 0.25 miles upstream of 
     Wild Mad Road to the confluence with the unnamed tributary 
     approximately 0.4 miles downstream of the Wild Mad Road in 
     sec. 29, T. 28 N., R. 11 W., as a scenic river.
       ``(C) The 9.8-mile segment from 0.75 miles downstream of 
     Wild Mad Road to Silver Creek, as a wild river.
       ``(D) The 5.4-mile segment from Silver Creek confluence to 
     Farley Creek, as a scenic river.
       ``(E) The 3.6-mile segment from Farley Creek to Cave Creek, 
     as a recreational river.
       ``(F) The 5.6-mile segment from Cave Creek to the 
     confluence of the unnamed creek upstream of Hidden Valley 
     Ranch in sec. 5, T. 15, R. 7 E., as a wild river.
       ``(G) The 2.5-mile segment from the unnamed creek 
     confluence upstream of Hidden Valley Ranch to the confluence 
     with the unnamed creek flowing west from Bear Wallow Mountain 
     in sec. 29, T. 1 N., R. 7 E., as a scenic river.
       ``(H) The 3.8-mile segment from the unnamed creek 
     confluence in sec. 29, T. 1 N., R. 7 E., to Plummer Creek, as 
     a wild river.
       ``(I) The 1.8-mile segment from Plummer Creek to the 
     confluence with the unnamed tributary north of McClellan 
     Place in sec. 6, T. 1 N., R. 7 E., as a scenic river.
       ``(J) The 5.4-mile segment from the unnamed tributary 
     confluence in sec. 6, T. 1 N., R. 7 E., to Hitchcock Creek, 
     as a wild river.
       ``(K) The 7-mile segment from Eltapom Creek to the Grouse 
     Creek, as a scenic river.
       ``(L) The 5-mile segment from Grouse Creek to Coon Creek, 
     as a wild river.
       ``(232) East fork south fork trinity river.--The following 
     segments, to be administered by the Secretary of Agriculture:
       ``(A) The 8.4-mile segment from its source in the Pettijohn 
     Basin in the Yolla Bolly-Middle Eel Wilderness in sec. 10, T. 
     3 S., R. 10 W., to 0.25 miles upstream of the Wild Mad Road, 
     as a wild river.
       ``(B) The 3.4-mile segment from 0.25 miles upstream of the 
     Wild Mad Road to the South Fork Trinity River, as a 
     recreational river.
       ``(233) Rattlesnake creek.--The 5.9-mile segment from the 
     confluence with the unnamed tributary in the southeast corner 
     of sec. 5, T. 1 S., R. 12 W., to the South Fork Trinity 
     River, to be administered by the Secretary of Agriculture as 
     a recreational river.
       ``(234) Butter creek.--The 7-mile segment from 0.25 miles 
     downstream of the Road 3N08 crossing to the South Fork 
     Trinity River, to be administered by the Secretary of 
     Agriculture as a scenic river.
       ``(235) Hayfork creek.--The following segments, to be 
     administered by the Secretary of Agriculture:
       ``(A) The 3.2-mile segment from Little Creek to Bear Creek, 
     as a recreational river.
       ``(B) The 13.2-mile segment from Bear Creek to the northern 
     boundary of sec. 19, T. 3 N., R. 7 E., as a scenic river.
       ``(236) Olsen creek.--The 2.8-mile segment from the 
     confluence of its source tributaries in sec. 5, T. 3 N., R. 7 
     E., to the northern boundary of sec. 24, T. 3 N., R. 6 E., to 
     be administered by the Secretary of the Interior as a scenic 
     river.
       ``(237) Rusch creek.--The 3.2-mile segment from 0.25 miles 
     downstream of the 32N11 Road crossing to Hayfork Creek, to be 
     administered by the Secretary of Agriculture as a 
     recreational river.
       ``(238) Eltapom creek.--The 3.4-mile segment from Buckhorn 
     Creek to the South Fork Trinity River, to be administered by 
     the Secretary of Agriculture as a wild river.
       ``(239) Grouse creek.--The following segments, to be 
     administered by the Secretary of Agriculture:
       ``(A) The 3.9-mile segment from Carson Creek to Cow Creek, 
     as a scenic river.
       ``(B) The 7.4-mile segment from Cow Creek to the South Fork 
     Trinity River, as a recreational river.
       ``(240) Madden creek.--The following segments, to be 
     administered by the Secretary of Agriculture:
       ``(A) The 6.8-mile segment from the confluence of Madden 
     Creek and its unnamed tributary in sec. 18, T. 5 N., R. 5 E., 
     to Fourmile Creek, as a wild river.
       ``(B) The 1.6-mile segment from Fourmile Creek to the South 
     Fork Trinity River, as a recreational river.
       ``(241) Canyon creek.--The following segments, to be 
     administered by the Secretary of Agriculture and the 
     Secretary of the Interior:
       ``(A) The 6.6-mile segment from the outlet of lower Canyon 
     Creek Lake to Bear Creek upstream of Ripstein, as a wild 
     river.
       ``(B) The 11.2-mile segment from Bear Creek upstream of 
     Ripstein to the southern boundary of sec. 25, T. 34 N., R. 11 
     W., as a recreational river.
       ``(242) North fork trinity river.--The following segments, 
     to be administered by the Secretary of Agriculture:
       ``(A) The 12-mile segment from the confluence of source 
     tributaries in sec. 24, T. 8 N., R. 12 W., to the Trinity 
     Alps Wilderness boundary upstream of Hobo Gulch, as a wild 
     river.
       ``(B) The 0.5-mile segment from where the river leaves the 
     Trinity Alps Wilderness to where it fully reenters the 
     Trinity Alps Wilderness downstream of Hobo Gulch, as a scenic 
     river.
       ``(C) The 13.9-mile segment from where the river fully 
     reenters the Trinity Alps Wilderness downstream of Hobo Gulch 
     to the Trinity Alps Wilderness boundary upstream of the 
     County Road 421 crossing, as a wild river.

[[Page S5455]]

       ``(D) The 1.3-mile segment from the Trinity Alps Wilderness 
     boundary upstream of the County Road 421 crossing to the 
     Trinity River, as a recreational river.
       ``(243) East fork north fork trinity river.--The following 
     segments, to be administered by the Secretary of Agriculture:
       ``(A) The 9.5-mile segment from the source north of Mt. 
     Hilton in sec. 19, T. 36 N., R. 10 W., to the end of Road 
     35N20 approximately 0.5 miles downstream of the confluence 
     with the East Branch East Fork North Fork Trinity River, as a 
     wild river.
       ``(B) The 3.25-mile segment from the end of Road 35N20 to 
     0.25 miles upstream of Coleridge, as a scenic river.
       ``(C) The 4.6-mile segment from 0.25 miles upstream of 
     Coleridge to the confluence of Fox Gulch, as a recreational 
     river.
       ``(244) New river.--The following segments, to be 
     administered by the Secretary of Agriculture:
       ``(A) The 12.7-mile segment of Virgin Creek from its source 
     spring in sec. 22, T. 9 N., R. 7 E., to Slide Creek, as a 
     wild river.
       ``(B) The 2.3-mile segment of the New River where it begins 
     at the confluence of Virgin and Slide Creeks to Barron Creek, 
     as a wild river.
       ``(245) Middle eel river.--The following segments, to be 
     administered by the Secretary of Agriculture:
       ``(A) The 37.7-mile segment from its source in Frying Pan 
     Meadow to Rose Creek, as a wild river.
       ``(B) The 1.5-mile segment from Rose Creek to the Black 
     Butte River, as a recreational river.
       ``(C) The 10.5-mile segment of Balm of Gilead Creek from 
     its source in Hopkins Hollow to the Middle Eel River, as a 
     wild river.
       ``(D) The 13-mile segment of the North Fork Middle Fork Eel 
     River from the source on Dead Puppy Ridge in sec. 11, T. 26 
     N., R. 11 W., to the confluence of the Middle Eel River, as a 
     wild river.
       ``(246) North fork eel river, california.--The 14.3-mile 
     segment from the confluence with Gilman Creek to the Six 
     Rivers National Forest boundary, to be administered by the 
     Secretary of Agriculture as a wild river.
       ``(247) Red mountain creek, california.--The following 
     segments, to be administered by the Secretary of Agriculture:
       ``(A) The 5.25-mile segment from its source west of Mike's 
     Rock in sec. 23, T. 26 N., R. 12 E., to the confluence with 
     Littlefield Creek, as a wild river.
       ``(B) The 1.6-mile segment from the confluence with 
     Littlefield Creek to the confluence with the unnamed 
     tributary in sec. 32, T. 26 N., R. 8 E., as a scenic river.
       ``(C) The 1.25-mile segment from the confluence with the 
     unnamed tributary in sec. 32, T. 4 S., R. 8 E., to the 
     confluence with the North Fork Eel River, as a wild river.
       ``(248) Redwood creek.--The following segments, to be 
     administered by the Secretary of the Interior:
       ``(A) The 6.2-mile segment from the confluence with Lacks 
     Creek to the confluence with Coyote Creek, as a scenic river, 
     on publication by the Secretary of the Interior of a notice 
     in the Federal Register that sufficient inholdings within the 
     boundaries of the segments have been acquired in fee title to 
     establish a manageable addition to the National Wild and 
     Scenic Rivers System.
       ``(B) The 19.1-mile segment from the confluence with Coyote 
     Creek in sec. 2, T. 8 N., R. 2 E., to the Redwood National 
     Park boundary upstream of Orick in sec. 34, T. 11 N., R. 1 
     E., as a scenic river.
       ``(C) The 2.3-mile segment of Emerald Creek (also known as 
     Harry Weir Creek) from its source in sec. 29, T. 10 N., R. 2 
     E., to the confluence with Redwood Creek, as a scenic river.
       ``(249) Lacks creek.--The following segments, to be 
     administered by the Secretary of the Interior:
       ``(A) The 5.1-mile segment from the confluence with 2 
     unnamed tributaries in sec. 14, T. 7 N., R. 3 E., to Kings 
     Crossing in sec. 27, T. 8 N., R. 3 E., as a wild river.
       ``(B) The 2.7-mile segment from Kings Crossing to the 
     confluence with Redwood Creek, as a scenic river, on 
     publication by the Secretary of a notice in the Federal 
     Register that sufficient inholdings within the segment have 
     been acquired in fee title or as scenic easements to 
     establish a manageable addition to the National Wild and 
     Scenic Rivers System.
       ``(250) Lost man creek.--The following segments, to be 
     administered by the Secretary of the Interior:
       ``(A) The 6.4-mile segment of Lost Man Creek from its 
     source in sec. 5, T. 10 N., R. 2 E., to 0.25 miles upstream 
     of the Prairie Creek confluence, as a recreational river.
       ``(B) The 2.3-mile segment of Larry Damm Creek from its 
     source in sec. 8, T. 11 N., R. 2 E., to the confluence with 
     Lost Man Creek, as a recreational river.
       ``(251) Little lost man creek.--The 3.6-mile segment of 
     Little Lost Man Creek from its source in sec. 6, T. 10 N., R. 
     2 E., to 0.25 miles upstream of the Lost Man Creek road 
     crossing, to be administered by the Secretary of the Interior 
     as a wild river.
       ``(252) South fork elk river.--The following segments, to 
     be administered by the Secretary of the Interior through a 
     cooperative management agreement with the State of 
     California:
       ``(A) The 3.6-mile segment of the Little South Fork Elk 
     River from the source in sec. 21, T. 3 N., R. 1 E., to the 
     confluence with the South Fork Elk River, as a wild river.
       ``(B) The 2.2-mile segment of the unnamed tributary of the 
     Little South Fork Elk River from its source in sec. 15, T. 3 
     N., R. 1 E., to the confluence with the Little South Fork Elk 
     River, as a wild river.
       ``(C) The 3.6-mile segment of the South Fork Elk River from 
     the confluence of the Little South Fork Elk River to the 
     confluence with Tom Gulch, as a recreational river.
       ``(253) Salmon creek.--The 4.6-mile segment from its source 
     in sec. 27, T. 3 N., R. 1 E., to the Headwaters Forest 
     Reserve boundary in sec. 18, T. 3 N., R. 1 E., to be 
     administered by the Secretary of the Interior as a wild river 
     through a cooperative management agreement with the State of 
     California.
       ``(254) South fork eel river.--The following segments, to 
     be administered by the Secretary of the Interior:
       ``(A) The 6.2-mile segment from the confluence with Jack of 
     Hearts Creek to the southern boundary of the South Fork Eel 
     Wilderness in sec. 8, T. 22 N., R. 16 W., as a recreational 
     river to be administered by the Secretary through a 
     cooperative management agreement with the State of 
     California.
       ``(B) The 6.1-mile segment from the southern boundary of 
     the South Fork Eel Wilderness to the northern boundary of the 
     South Fork Eel Wilderness in sec. 29, T. 23 N., R. 16 W., as 
     a wild river.
       ``(255) Elder creek.--The following segments, to be 
     administered by the Secretary of the Interior through a 
     cooperative management agreement with the State of 
     California:
       ``(A) The 3.6-mile segment from its source north of Signal 
     Peak in sec. 6, T. 21 N., R. 15 W., to the confluence with 
     the unnamed tributary near the center of sec. 28, T. 22 N., 
     R. 16 W., as a wild river.
       ``(B) The 1.3-mile segment from the confluence with the 
     unnamed tributary near the center of sec. 28, T. 22 N., R. 15 
     W., to the confluence with the South Fork Eel River, as a 
     recreational river.
       ``(C) The 2.1-mile segment of Paralyze Canyon from its 
     source south of Signal Peak in sec. 7, T. 21 N., R. 15 W., to 
     the confluence with Elder Creek, as a wild river.
       ``(256) Cedar creek.--The following segments, to be 
     administered as a wild river by the Secretary of the 
     Interior:
       ``(A) The 7.7-mile segment from its source in sec. 22, T. 
     24 N., R. 16 W., to the southern boundary of the Red Mountain 
     unit of the South Fork Eel Wilderness.
       ``(B) The 1.9-mile segment of North Fork Cedar Creek from 
     its source in sec. 28, T. 24 N., R. 16 E., to the confluence 
     with Cedar Creek.
       ``(257) East branch south fork eel river.--The following 
     segments, to be administered by the Secretary of the Interior 
     as a scenic river on publication by the Secretary of a notice 
     in the Federal Register that sufficient inholdings within the 
     boundaries of the segments have been acquired in fee title or 
     as scenic easements to establish a manageable addition to the 
     National Wild and Scenic Rivers System:
       ``(A) The 2.3-mile segment of Cruso Cabin Creek from the 
     confluence of 2 unnamed tributaries in sec. 18, T. 24 N., R. 
     15 W., to the confluence with Elkhorn Creek.
       ``(B) The 1.8-mile segment of Elkhorn Creek from the 
     confluence of 2 unnamed tributaries in sec. 22, T. 24 N., R. 
     16 W., to the confluence with Cruso Cabin Creek.
       ``(C) The 14.2-mile segment of the East Branch South Fork 
     Eel River from the confluence of Cruso Cabin and Elkhorn 
     Creeks to the confluence with Rays Creek.
       ``(D) The 1.7-mile segment of the unnamed tributary from 
     its source on the north flank of Red Mountain's north ridge 
     in sec. 2, T. 24 N., R. 17 W., to the confluence with the 
     East Branch South Fork Eel River.
       ``(E) The 1.3-mile segment of the unnamed tributary from 
     its source on the north flank of Red Mountain's north ridge 
     in sec. 1, T. 24 N., R. 17 W., to the confluence with the 
     East Branch South Fork Eel River.
       ``(F) The 1.8-mile segment of Tom Long Creek from the 
     confluence with the unnamed tributary in sec. 12, T. 5 S., R. 
     4 E., to the confluence with the East Branch South Fork Eel 
     River.
       ``(258) Mattole river estuary.--The 1.5-mile segment from 
     the confluence of Stansberry Creek to the Pacific Ocean, to 
     be administered as a recreational river by the Secretary of 
     the Interior.
       ``(259) Honeydew creek.--The following segments, to be 
     administered as a wild river by the Secretary of the 
     Interior:
       ``(A) The 5.1-mile segment of Honeydew Creek from its 
     source in the southwest corner of sec. 25, T. 3 S., R. 1 W., 
     to the eastern boundary of the King Range National 
     Conservation Area in sec. 18, T. 3 S., R. 1 E.
       ``(B) The 2.8-mile segment of West Fork Honeydew Creek from 
     its source west of North Slide Peak to the confluence with 
     Honeydew Creek.
       ``(C) The 2.7-mile segment of Upper East Fork Honeydew 
     Creek from its source in sec. 23, T. 3 S., R. 1 W., to the 
     confluence with Honeydew Creek.
       ``(260) Bear creek.--The following segments, to be 
     administered by the Secretary of the Interior:
       ``(A) The 1.9-mile segment of North Fork Bear Creek from 
     the confluence with the unnamed tributary immediately 
     downstream of the Horse Mountain Road crossing to the 
     confluence with the South Fork, as a scenic river.
       ``(B) The 6.1-mile segment of South Fork Bear Creek from 
     the confluence in sec. 2, T. 5 S., R. 1 W., with the unnamed 
     tributary

[[Page S5456]]

     flowing from the southwest flank of Queen Peak to the 
     confluence with the North Fork, as a scenic river.
       ``(C) The 3-mile segment of Bear Creek from the confluence 
     of the North and South Forks to the southern boundary of sec. 
     11, T. 4 S., R. 1 E., as a wild river.
       ``(261) Gitchell creek.--The 3-mile segment of Gitchell 
     Creek from its source near Saddle Mountain to the Pacific 
     Ocean, to be administered by the Secretary of the Interior as 
     a wild river.
       ``(262) Big flat creek.--The following segments, to be 
     administered by the Secretary of the Interior as a wild 
     river:
       ``(A) The 4-mile segment of Big Flat Creek from its source 
     near King Peak in sec. 36, T. 3 S., R. 1 W., to the Pacific 
     Ocean.
       ``(B) The 0.8-mile segment of the unnamed tributary from 
     its source in sec. 35, T. 3 S., R. 1 W., to the confluence 
     with Big Flat Creek.
       ``(C) The 2.7-mile segment of North Fork Big Flat Creek 
     from the source in sec. 34, T. 3 S., R. 1 W., to the 
     confluence with Big Flat Creek.
       ``(263) Big creek.--The following segments, to be 
     administered by the Secretary of the Interior as a wild 
     river:
       ``(A) The 2.7-mile segment of Big Creek from its source in 
     sec. 26, T. 3 S., R. 1 W., to the Pacific Ocean.
       ``(B) The 1.9-mile unnamed southern tributary from its 
     source in sec. 25, T. 3 S., R. 1 W., to the confluence with 
     Big Creek.
       ``(264) Elk creek.--The 11.4-mile segment from its 
     confluence with Lookout Creek to its confluence with Deep 
     Hole Creek, to be jointly administered by the Secretaries of 
     Agriculture and the Interior as a wild river.
       ``(265) Eden creek.--The 2.7-mile segment from the private 
     property boundary in the northwest quarter of sec. 27, T. 21 
     N., R. 12 W., to the eastern boundary of sec. 23, T. 21 N., 
     R. 12 W., to be administered by the Secretary of the Interior 
     as a wild river.
       ``(266) Deep hole creek.--The 4.3-mile segment from the 
     private property boundary in the southwest quarter of sec. 
     13, T. 20 N., R. 12 W., to the confluence with Elk Creek, to 
     be administered by the Secretary of the Interior as a wild 
     river.
       ``(267) Indian creek.--The 3.3-mile segment from 300 feet 
     downstream of the jeep trail in sec. 13, T. 20 N., R. 13 W., 
     to the confluence with the Eel River, to be administered by 
     the Secretary of the Interior as a wild river.
       ``(268) Fish creek.--The 4.2-mile segment from the source 
     at Buckhorn Spring to the confluence with the Eel River, to 
     be administered by the Secretary of the Interior as a wild 
     river.''.

     SEC. 5035. SANHEDRIN SPECIAL CONSERVATION MANAGEMENT AREA.

       (a) Establishment.--Subject to valid existing rights, there 
     is established the Sanhedrin Special Conservation Management 
     Area (referred to in this section as the ``conservation 
     management area''), comprising approximately 12,254 acres of 
     Federal land administered by the Forest Service in Mendocino 
     County, California, as generally depicted on the map entitled 
     ``Sanhedrin Conservation Management Area'' and dated May 15, 
     2020.
       (b) Purposes.--The purposes of the conservation management 
     area are--
       (1) to conserve, protect, and enhance for the benefit and 
     enjoyment of present and future generations the ecological, 
     scenic, wildlife, recreational, roadless, cultural, 
     historical, natural, educational, and scientific resources of 
     the conservation management area;
       (2) to protect and restore late-successional forest 
     structure, oak woodlands and grasslands, aquatic habitat, and 
     anadromous fisheries within the conservation management area;
       (3) to protect and restore the wilderness character of the 
     conservation management area; and
       (4) to allow visitors to enjoy the scenic, natural, 
     cultural, and wildlife values of the conservation management 
     area.
       (c) Management.--
       (1) In general.--The Secretary shall manage the 
     conservation management area--
       (A) in a manner consistent with the purposes described in 
     subsection (b); and
       (B) in accordance with--
       (i) the laws (including regulations) generally applicable 
     to the National Forest System;
       (ii) this section; and
       (iii) any other applicable law (including regulations).
       (2) Uses.--The Secretary shall only allow uses of the 
     conservation management area that the Secretary determines 
     would further the purposes described in subsection (b).
       (d) Motorized Vehicles.--
       (1) In general.--Except as provided in paragraph (3), the 
     use of motorized vehicles in the conservation management area 
     shall be permitted only on existing roads, trails, and areas 
     designated for use by such vehicles as of the date of 
     enactment of this Act.
       (2) New or temporary roads.--Except as provided in 
     paragraph (3), no new or temporary roads shall be constructed 
     within the conservation management area.
       (3) Exceptions.--Nothing in paragraph (1) or (2) prevents 
     the Secretary from--
       (A) rerouting or closing an existing road or trail to 
     protect natural resources from degradation, or to protect 
     public safety, as determined to be appropriate by the 
     Secretary;
       (B) designating routes of travel on land acquired by the 
     Secretary and incorporated into the conservation management 
     area if the designations are--
       (i) consistent with the purposes described in subsection 
     (b); and
       (ii) completed, to the maximum extent practicable, not 
     later than 3 years after the date of acquisition;
       (C) constructing a temporary road on which motorized 
     vehicles are permitted as part of a vegetation management 
     project carried out in accordance with paragraph (4);
       (D) authorizing the use of motorized vehicles for 
     administrative purposes; or
       (E) responding to an emergency.
       (4) Decommissioning of temporary roads.--
       (A) Definition of decommission.--In this paragraph, the 
     term ``decommission'' means, with respect to a road--
       (i) to reestablish vegetation on the road; and
       (ii) to restore any natural drainage, watershed function, 
     or other ecological processes that are disrupted or adversely 
     impacted by the road by removing or hydrologically 
     disconnecting the road prism.
       (B) Requirement.--Not later than 3 years after the date on 
     which the applicable vegetation management project is 
     completed, the Secretary shall decommission any temporary 
     road constructed under paragraph (3)(C).
       (e) Timber Harvest.--
       (1) In general.--Except as provided in paragraph (2), no 
     harvesting of timber shall be allowed within the conservation 
     management area.
       (2) Exceptions.--The Secretary may authorize harvesting of 
     timber in the conservation management area--
       (A) if the Secretary determines that the harvesting is 
     necessary to further the purposes of the conservation 
     management area;
       (B) in a manner consistent with the purposes described in 
     subsection (b); and
       (C) subject to--
       (i) such reasonable regulations, policies, and practices as 
     the Secretary determines to be appropriate; and
       (ii) all applicable laws (including regulations).
       (f) Grazing.--The grazing of livestock in the conservation 
     management area, where established before the date of 
     enactment of this Act, shall be permitted to continue--
       (1) subject to--
       (A) such reasonable regulations, policies, and practices as 
     the Secretary considers necessary; and
       (B) applicable law (including regulations); and
       (2) in a manner consistent with the purposes described in 
     subsection (b).
       (g) Wildfire, Insect, and Disease Management.--Consistent 
     with this section, the Secretary may carry out any activities 
     within the conservation management area that the Secretary 
     determines to be necessary to control fire, insects, or 
     diseases, including the coordination of those activities with 
     a State or local agency.
       (h) Acquisition and Incorporation of Land and Interests in 
     Land.--
       (1) Acquisition authority.--In accordance with applicable 
     laws (including regulations), the Secretary may acquire any 
     land or interest in land within or adjacent to the boundaries 
     of the conservation management area by purchase from a 
     willing seller, donation, or exchange.
       (2) Incorporation.--Any land or interest in land acquired 
     by the Secretary under paragraph (1) shall be--
       (A) incorporated into, and administered as part of, the 
     conservation management area; and
       (B) withdrawn in accordance with subsection (i).
       (i) Withdrawal.--Subject to valid existing rights, all 
     Federal land located in the conservation management area is 
     withdrawn from--
       (1) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (2) location, entry, and patenting under the mining laws; 
     and
       (3) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.

                       Subtitle D--Miscellaneous

     SEC. 5041. MAPS AND LEGAL DESCRIPTIONS.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall prepare maps and 
     legal descriptions of--
       (1) the South Fork Trinity-Mad River Restoration Area 
     established by section 5011(b);
       (2) the Horse Mountain Special Management Area established 
     by section 5021(a);
       (3) the wilderness areas and wilderness additions 
     designated by section 5031(a);
       (4) the potential wilderness areas designated by section 
     5033(a); and
       (5) the Sanhedrin Special Conservation Management Area 
     established by section 5035(a).
       (b) Submission of Maps and Legal Descriptions.--The 
     Secretary shall file the maps and legal descriptions prepared 
     under subsection (a) with--
       (1) the Committee on Energy and Natural Resources of the 
     Senate; and
       (2) the Committee on Natural Resources of the House of 
     Representatives.
       (c) Force of Law.--The maps and legal descriptions prepared 
     under subsection (a) shall have the same force and effect as 
     if included in this title, except that the Secretary may 
     correct any clerical and typographical errors in the maps and 
     legal descriptions.
       (d) Public Availability.--The maps and legal descriptions 
     prepared under subsection

[[Page S5457]]

     (a) shall be on file and available for public inspection in 
     the appropriate offices of the Forest Service, the Bureau of 
     Land Management, or the National Park Service, as applicable.

     SEC. 5042. UPDATES TO LAND AND RESOURCE MANAGEMENT PLANS.

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

     SEC. 5043. PACIFIC GAS AND ELECTRIC COMPANY UTILITY 
                   FACILITIES AND RIGHTS-OF-WAY.

       (a) Effect of Title.--Nothing in this title--
       (1) affects any validly issued right-of-way for the 
     customary operation, maintenance, upgrade, repair, relocation 
     within an existing right-of-way, replacement, or other 
     authorized activity (including the use of any mechanized 
     vehicle, helicopter, and other aerial device) in a right-of-
     way acquired by or issued, granted, or permitted to Pacific 
     Gas and Electric Company (including any predecessor or 
     successor in interest or assign) that is located on land 
     included in--
       (A) the South Fork Trinity-Mad River Restoration Area 
     established by section 5011(b);
       (B) the Horse Mountain Special Management Area established 
     by section 5021(a);
       (C) the Bigfoot National Recreation Trail established under 
     section 5022(b)(1);
       (D) the Sanhedrin Special Conservation Management Area 
     established by section 5035(a); or
       (2) prohibits the upgrading or replacement of any--
       (A) utility facilities of the Pacific Gas and Electric 
     Company, including those utility facilities in existence on 
     the date of enactment of this Act within--
       (i) the South Fork Trinity-Mad River Restoration Area known 
     as--

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

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

       (I) ``Gas Transmission Line 177A or rights-of-way'';
       (II) ``Electric Transmission Line Humboldt-Trinity 115 kV 
     or rights-of-way'';
       (III) ``Electric Transmission Line Bridgeville-Cottonwood 
     115 kV or rights-of-way''; or
       (IV) ``Electric Transmission Line Humboldt-Trinity 60 kV or 
     rights-of-way'';

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

              TITLE LI--CENTRAL COAST HERITAGE PROTECTION

     SEC. 5101. DEFINITIONS.

       In this title:
       (1) Scenic area.--The term ``scenic area'' means a scenic 
     area designated by section 5107(a).
       (2) Secretary.--The term ``Secretary'' means--
       (A) with respect to land managed by the Bureau of Land 
     Management, the Secretary of the Interior; and
       (B) with respect to land managed by the Forest Service, the 
     Secretary of Agriculture.
       (3) State.--The term ``State'' means the State of 
     California.
       (4) Wilderness area.--The term ``wilderness area'' means a 
     wilderness area or wilderness addition designated by section 
     5102(a).

     SEC. 5102. DESIGNATION OF WILDERNESS.

       (a) In General.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Certain land in the Bakersfield Field Office of the 
     Bureau of Land Management comprising approximately 35,116 
     acres, as generally depicted on the map entitled ``Proposed 
     Caliente Mountain Wilderness'' and dated November 13, 2019, 
     which shall be known as the ``Caliente Mountain Wilderness''.
       (2) Certain land in the Bakersfield Field Office of the 
     Bureau of Land Management comprising approximately 13,332 
     acres, as generally depicted on the map entitled ``Proposed 
     Soda Lake Wilderness'' and dated June 25, 2019, which shall 
     be known as the ``Soda Lake Wilderness''.
       (3) Certain land in the Bakersfield Field Office of the 
     Bureau of Land Management comprising approximately 12,585 
     acres, as generally depicted on the map entitled ``Proposed 
     Temblor Range Wilderness'' and dated June 25, 2019, which 
     shall be known as the ``Temblor Range Wilderness''.
       (4) Certain land in the Los Padres National Forest 
     comprising approximately 23,670 acres, as generally depicted 
     on the map entitled ``Chumash Wilderness Area Additions--
     Proposed'' and dated March 29, 2019, which shall be 
     incorporated into and managed as part of the Chumash 
     Wilderness as designated by section 2(5) of the Los Padres 
     Condor Range and River Protection Act (16 U.S.C. 1132 note; 
     Public Law 102-301; 106 Stat. 243).
       (5) Certain land in the Los Padres National Forest 
     comprising approximately 54,036 acres, as generally depicted 
     on the maps entitled ``Dick Smith Wilderness Area Additions--
     Proposed Map 1 of 2 (Bear Canyon and Cuyama Peak Units)'' and 
     ``Dick Smith Wilderness Area Additions--Proposed Map 2 of 2 
     (Buckhorn and Mono Units)'' and dated November 14, 2019, 
     which shall be incorporated into and managed as part of the 
     Dick Smith Wilderness as designated by section 101(a)(6) of 
     the California Wilderness Act of 1984 (16 U.S.C. 1132 note; 
     Public Law 98-425; 98 Stat. 1620).
       (6) Certain land in the Los Padres National Forest and the 
     Bakersfield Field Office of the Bureau of Land Management 
     comprising approximately 7,289 acres, as generally depicted 
     on the map entitled ``Garcia Wilderness Area Additions--
     Proposed'' and dated March 29, 2019, which shall be 
     incorporated into and managed as part of the Garcia 
     Wilderness as designated by section 2(4) of the Los Padres 
     Condor Range and River Protection Act (16 U.S.C. 1132 note; 
     Public Law 102-301; 106 Stat. 243).
       (7) Certain land in the Los Padres National Forest and the 
     Bakersfield Field Office of the Bureau of Land Management 
     comprising approximately 8,774 acres, as generally depicted 
     on the map entitled ``Machesna Mountain Wilderness--Proposed 
     Additions'' and dated October 30, 2019, which shall be 
     incorporated into and managed as part of the Machesna 
     Mountain Wilderness as designated by section 101(a)(38) of 
     the California Wilderness Act of 1984 (16 U.S.C. 1132 note; 
     Public Law 98-425; 98 Stat. 1624).
       (8) Certain land in the Los Padres National Forest 
     comprising approximately 30,184 acres, as generally depicted 
     on the map entitled ``Matilija Wilderness Area Additions--
     Proposed'' and dated March 29, 2019, which shall be 
     incorporated into and managed as part of the Matilija 
     Wilderness as designated by section 2(2) of the Los Padres 
     Condor Range and River Protection Act (16 U.S.C. 1132 note; 
     Public Law 102-301; 106 Stat. 242).
       (9) Certain land in the Los Padres National Forest 
     comprising approximately 23,969 acres, as generally depicted 
     on the map entitled ``San Rafael Wilderness Area Additions--
     Proposed'' and dated February 2, 2021, which shall be 
     incorporated into and managed as part of the San Rafael 
     Wilderness as designated by Public Law 90-271 (16 U.S.C. 1132 
     note; 82 Stat. 51).
       (10) Certain land in the Los Padres National Forest 
     comprising approximately 2,921 acres, as generally depicted 
     on the map entitled ``Santa Lucia Wilderness Area Additions--
     Proposed'' and dated March 29, 2019, which shall be 
     incorporated into and managed as part of the Santa Lucia 
     Wilderness as designated by section 2(c) of the Endangered 
     American Wilderness Act of 1978 (16 U.S.C. 1132 note; Public 
     Law 95-237; 92 Stat. 41).
       (11) Certain land in the Los Padres National Forest 
     comprising approximately 14,313 acres, as generally depicted 
     on the map entitled ``Sespe Wilderness Area Additions--
     Proposed'' and dated March 29, 2019, which shall be 
     incorporated into and managed as part of the Sespe Wilderness 
     as designated by section 2(1) of the Los Padres Condor Range

[[Page S5458]]

     and River Protection Act (16 U.S.C. 1132 note; Public Law 
     102-301; 106 Stat. 242).
       (12) Certain land in the Los Padres National Forest 
     comprising approximately 17,870 acres, as generally depicted 
     on the map entitled ``Diablo Caliente Wilderness Area--
     Proposed'' and dated March 29, 2019, which shall be known as 
     the ``Diablo Caliente Wilderness''.
       (b) Maps and Legal Descriptions.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file maps and 
     legal descriptions of the wilderness areas with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The maps and legal descriptions filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this title, except that the Secretary may 
     correct any clerical and typographical errors in the maps and 
     legal descriptions.
       (3) Public availability.--The maps and legal descriptions 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Forest 
     Service and Bureau of Land Management.

     SEC. 5103. DESIGNATION OF THE MACHESNA MOUNTAIN POTENTIAL 
                   WILDERNESS.

       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the 
     Los Padres National Forest comprising approximately 2,359 
     acres, as generally depicted on the map entitled ``Machesna 
     Mountain Potential Wilderness'' and dated March 29, 2019, is 
     designated as the Machesna Mountain Potential Wilderness 
     Area.
       (b) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and 
     legal description of the Machesna Mountain Potential 
     Wilderness Area (referred to in this section as the 
     ``potential wilderness area'') with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this title, except that the Secretary may 
     correct any clerical and typographical errors in the map and 
     legal description.
       (3) Public availability.--The map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Forest 
     Service.
       (c) Management.--Except as provided in subsection (d) and 
     subject to valid existing rights, the Secretary shall manage 
     the potential wilderness area in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.).
       (d) Trail Use, Construction, Reconstruction, and 
     Realignment.--
       (1) In general.--In accordance with paragraph (2), the 
     Secretary may reconstruct, realign, or reroute the Pine 
     Mountain Trail.
       (2) Requirement.--In carrying out the reconstruction, 
     realignment, or rerouting under paragraph (1), the Secretary 
     shall--
       (A) comply with all existing laws (including regulations); 
     and
       (B) to the maximum extent practicable, use the minimum tool 
     or administrative practice necessary to accomplish the 
     reconstruction, realignment, or rerouting with the least 
     amount of adverse impact on wilderness character and 
     resources.
       (3) Motorized vehicles and machinery.--In accordance with 
     paragraph (2), the Secretary may use motorized vehicles and 
     machinery to carry out the trail reconstruction, realignment, 
     or rerouting authorized by this subsection.
       (4) Motorized and mechanized vehicles.--The Secretary may 
     permit the use of motorized and mechanized vehicles on the 
     existing Pine Mountain Trail in accordance with existing law 
     (including regulations) and this subsection until such date 
     as the potential wilderness area is designated as wilderness 
     in accordance with subsection (h).
       (e) Withdrawal.--Subject to valid existing rights, the 
     Federal land in the potential wilderness area is withdrawn 
     from all forms of--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (f) Cooperative Agreements.--In carrying out this section, 
     the Secretary may enter into cooperative agreements with 
     State, Tribal, and local governmental entities and private 
     entities to complete the trail reconstruction, realignment, 
     or rerouting authorized by subsection (d).
       (g) Boundaries.--The Secretary shall modify the boundary of 
     the potential wilderness area to exclude any area within 150 
     feet of the centerline of the new location of any trail that 
     has been reconstructed, realigned, or rerouted under 
     subsection (d).
       (h) Wilderness Designation.--
       (1) In general.--The potential wilderness area, as modified 
     under subsection (g), shall be designated as wilderness and 
     as a component of the National Wilderness Preservation System 
     on the earlier of--
       (A) the date on which the Secretary publishes in the 
     Federal Register notice that the trail reconstruction, 
     realignment, or rerouting authorized by subsection (d) has 
     been completed; and
       (B) the date that is 20 years after the date of enactment 
     of this Act.
       (2) Administration of wilderness.--On designation as 
     wilderness under this section, the potential wilderness area 
     shall be--
       (A) incorporated into the Machesna Mountain Wilderness 
     Area, as designated by section 101(a)(38) of the California 
     Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-
     425; 98 Stat. 1624) and expanded by section 5102; and
       (B) administered in accordance with section 5104 and the 
     Wilderness Act (16 U.S.C. 1131 et seq.).

     SEC. 5104. ADMINISTRATION OF WILDERNESS.

       (a) In General.--Subject to valid existing rights, the 
     wilderness areas shall be administered by the Secretary in 
     accordance with this title and the Wilderness Act (16 U.S.C. 
     1131 et seq.), except that--
       (1) any reference in the Wilderness Act (16 U.S.C. 1131 et 
     seq.) to the effective date of that Act shall be considered 
     to be a reference to the date of enactment of this Act; and
       (2) any reference in the Wilderness Act (16 U.S.C. 1131 et 
     seq.) to the Secretary of Agriculture shall be considered to 
     be a reference to the Secretary that has jurisdiction over 
     the wilderness area.
       (b) Fire Management and Related Activities.--
       (1) In general.--The Secretary may take any measures in a 
     wilderness area as are necessary for the control of fire, 
     insects, and diseases in accordance with section 4(d)(1) of 
     the Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 
     98-40 of the 98th Congress.
       (2) Funding priorities.--Nothing in this title limits 
     funding for fire and fuels management in the wilderness 
     areas.
       (3) Revision and development of local fire management 
     plans.--As soon as practicable after the date of enactment of 
     this Act, the Secretary shall amend the local information in 
     the Fire Management Reference System or individual 
     operational plan that applies to the land designated as a 
     wilderness area.
       (4) Administration.--Consistent with paragraph (1) and 
     other applicable Federal law, to ensure a timely and 
     efficient response to fire emergencies in the wilderness 
     areas, the Secretary shall enter into agreements with 
     appropriate State or local firefighting agencies.
       (c) Grazing.--The grazing of livestock in the wilderness 
     areas, if established before the date of enactment of this 
     Act, shall be permitted to continue, subject to any 
     reasonable regulations as the Secretary considers necessary 
     in accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4));
       (2) the guidelines set forth in Appendix A of House Report 
     101-405, accompanying H.R. 2570 of the 101st Congress for 
     land under the jurisdiction of the Secretary of the Interior;
       (3) the guidelines set forth in House Report 96-617, 
     accompanying H.R. 5487 of the 96th Congress for land under 
     the jurisdiction of the Secretary of Agriculture; and
       (4) all other laws governing livestock grazing on Federal 
     public land.
       (d) Fish and Wildlife.--
       (1) In general.--In accordance with section 4(d)(7) of the 
     Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title 
     affects the jurisdiction or responsibilities of the State 
     with respect to fish and wildlife on public land in the 
     State.
       (2) Management activities.--In furtherance of the purposes 
     and principles of the Wilderness Act (16 U.S.C. 1131 et 
     seq.), the Secretary may conduct any management activities 
     that are necessary to maintain or restore fish and wildlife 
     populations and habitats in the wilderness areas, if the 
     management activities are--
       (A) consistent with relevant wilderness management plans;
       (B) conducted in accordance with appropriate policies, such 
     as the policies established in Appendix B of House Report 
     101-405; and
       (C) in accordance with memoranda of understanding between 
     the Federal agencies and the State Department of Fish and 
     Wildlife.
       (e) Buffer Zones.--
       (1) In general.--Congress does not intend for the 
     designation of wilderness areas by this title to lead to the 
     creation of protective perimeters or buffer zones around each 
     wilderness area.
       (2) Activities or uses up to boundaries.--The fact that 
     nonwilderness activities or uses can be seen or heard from 
     within a wilderness area shall not, of itself, preclude the 
     activities or uses up to the boundary of the wilderness area.
       (f) Military Activities.--Nothing in this title precludes--
       (1) low-level overflights of military aircraft over the 
     wilderness areas;
       (2) the designation of new units of special airspace over 
     the wilderness areas; or
       (3) the use or establishment of military flight training 
     routes over wilderness areas.
       (g) Horses.--Nothing in this title precludes horseback 
     riding in, or the entry of recreational saddle or pack stock 
     into, a wilderness area--
       (1) in accordance with section 4(d)(5) of the Wilderness 
     Act (16 U.S.C. 1133(d)(5)); and
       (2) subject to any terms and conditions determined to be 
     necessary by the Secretary.
       (h) Withdrawal.--Subject to valid existing rights, the 
     wilderness areas are withdrawn from--
       (1) all forms of entry, appropriation, and disposal under 
     the public land laws;

[[Page S5459]]

       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (i) Incorporation of Acquired Land and Interests.--Any land 
     within the boundary of a wilderness area that is acquired by 
     the United States shall--
       (1) become part of the wilderness area in which the land is 
     located; and
       (2) be managed in accordance with--
       (A) this section;
       (B) the Wilderness Act (16 U.S.C. 1131 et seq.); and
       (C) any other applicable law.
       (j) Treatment of Existing Water Diversions in the San 
     Rafael Wilderness Additions.--
       (1) Authorization for continued use.--The Secretary of 
     Agriculture may issue a special use authorization to the 
     owners of the 2 existing water transport or diversion 
     facilities, including administrative access roads (each 
     referred to in this subsection as a ``facility''), located on 
     National Forest System land in the San Rafael Wilderness 
     Additions in the Moon Canyon unit (T. 11 N., R. 30 W., secs. 
     13 and 14) and the Peak Mountain unit (T. 10 N., R. 28 W., 
     secs. 23 and 26) for the continued operation, maintenance, 
     and reconstruction of the facility if the Secretary 
     determines that--
       (A) the facility was in existence on the date on which the 
     land on which the facility is located was designated as part 
     of the National Wilderness Preservation System (referred to 
     in this subsection as ``the date of designation'');
       (B) the facility has been in substantially continuous use 
     to deliver water for the beneficial use on the non-Federal 
     land of the owner since the date of designation;
       (C) the owner of the facility holds a valid water right for 
     use of the water on the non-Federal land of the owner under 
     State law, with a priority date that predates the date of 
     designation; and
       (D) it is not practicable or feasible to relocate the 
     facility to land outside of the wilderness and continue the 
     beneficial use of water on the non-Federal land recognized 
     under State law.
       (2) Terms and conditions.--
       (A) Required terms and conditions.--In a special use 
     authorization issued under paragraph (1), the Secretary may--
       (i) allow use of motorized equipment and mechanized 
     transport for operation, maintenance, or reconstruction of a 
     facility, if the Secretary determines that--

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

       (ii) preclude use of the facility for the diversion or 
     transport of water in excess of the water right recognized by 
     the State on the date of designation.
       (B) Discretionary terms and conditions.--In a special use 
     authorization issued under paragraph (1), the Secretary may 
     require or allow modification or relocation of the facility 
     in the wilderness, as the Secretary determines necessary, to 
     reduce impacts to wilderness values set forth in section 2 of 
     the Wilderness Act (16 U.S.C. 1131) if the beneficial use of 
     water on the non-Federal land is not diminished.
       (k) Treatment of Existing Electrical Distribution Line in 
     the San Rafael Wilderness Additions.--
       (1) Authorization for continued use.--The Secretary of 
     Agriculture may issue a special use authorization to the 
     owners of the existing electrical distribution line to the 
     Plowshare Peak communication site (referred to in this 
     subsection as a ``facility'') located on National Forest 
     System land in the San Rafael Wilderness Additions in the 
     Moon Canyon unit (T. 11 N., R. 30 W., secs. 2, 3, and 4) for 
     the continued operation, maintenance, and reconstruction of 
     the facility if the Secretary determines that--
       (A) the facility was in existence on the date on which the 
     land on which the facility is located was designated as part 
     of the National Wilderness Preservation System (referred to 
     in this subsection as ``the date of designation'');
       (B) the facility has been in substantially continuous use 
     to deliver electricity to the communication site; and
       (C) it is not practicable or feasible to relocate the 
     distribution line to land outside of the wilderness.
       (2) Terms and conditions.--
       (A) Required terms and conditions.--In a special use 
     authorization issued under paragraph (1), the Secretary may 
     allow use of motorized equipment and mechanized transport for 
     operation, maintenance, or reconstruction of the electrical 
     distribution line, if the Secretary determines that the use 
     of nonmotorized equipment and nonmechanized transport is 
     impracticable or infeasible.
       (B) Discretionary terms and conditions.--In a special use 
     authorization issued under paragraph (1), the Secretary may 
     require or allow modification or relocation of the facility 
     in the wilderness, as the Secretary determines necessary, to 
     reduce impacts to wilderness values set forth in section 2 of 
     the Wilderness Act (16 U.S.C. 1131).
       (l) Climatological Data Collection.--In accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.) and subject to terms 
     and conditions as the Secretary may prescribe, the Secretary 
     may authorize the installation and maintenance of hydrologic, 
     meteorologic, or climatological collection devices in the 
     wilderness areas if the Secretary determines that the 
     facilities and access to the facilities are essential to 
     flood warning, flood control, or water reservoir operation 
     activities.

     SEC. 5105. DESIGNATION OF WILD AND SCENIC RIVERS.

       (a) Indian Creek, Mono Creek, and Matilija Creek, 
     California.--Section 3(a) of the Wild and Scenic Rivers Act 
     (16 U.S.C. 1274(a)) (as amended by section 5034) is amended 
     by adding at the end the following:
       ``(269) Indian creek, california.--The following segments 
     of Indian Creek in the State of California, to be 
     administered by the Secretary of Agriculture:
       ``(A) The 9.5-mile segment of Indian Creek from its source 
     in sec. 19, T. 7 N., R. 26 W., to the Dick Smith Wilderness 
     boundary, as a wild river.
       ``(B) The 1-mile segment of Indian Creek from the Dick 
     Smith Wilderness boundary to 0.25 miles downstream of Road 
     6N24, as a scenic river.
       ``(C) The 3.9-mile segment of Indian Creek from 0.25 miles 
     downstream of Road 6N24 to the southern boundary of sec. 32, 
     T. 6 N., R. 26 W., as a wild river.
       ``(270) Mono creek, california.--The following segments of 
     Mono Creek in the State of California, to be administered by 
     the Secretary of Agriculture:
       ``(A) The 4.2-mile segment of Mono Creek from its source in 
     sec. 1, T. 7 N., R. 26 W., to 0.25 miles upstream of Don 
     Victor Fire Road in sec. 28, T. 7 N., R. 25 W., as a wild 
     river.
       ``(B) The 2.1-mile segment of Mono Creek from 0.25 miles 
     upstream of the Don Victor Fire Road in sec. 28, T. 7 N., R. 
     25 W., to 0.25 miles downstream of Don Victor Fire Road in 
     sec. 34, T. 7 N., R. 25 W., as a recreational river.
       ``(C) The 14.7-mile segment of Mono Creek from 0.25 miles 
     downstream of Don Victor Fire Road in sec. 34, T. 7 N., R. 25 
     W., to the Ogilvy Ranch private property boundary in sec. 22, 
     T. 6 N., R. 26 W., as a wild river.
       ``(D) The 3.5-mile segment of Mono Creek from the Ogilvy 
     Ranch private property boundary to the southern boundary of 
     sec. 33, T. 6 N., R. 26 W., as a recreational river.
       ``(271) Matilija creek, california.--The following segments 
     of Matilija Creek in the State of California, to be 
     administered by the Secretary of Agriculture:
       ``(A) The 7.2-mile segment of the Matilija Creek from its 
     source in sec. 25, T. 6 N., R. 25 W., to the private property 
     boundary in sec. 9, T. 5 N., R. 24 W., as a wild river.
       ``(B) The 7.25-mile segment of the Upper North Fork 
     Matilija Creek from its source in sec. 36, T. 6 N., R. 24 W., 
     to the Matilija Wilderness boundary, as a wild river.''.
       (b) Sespe Creek, California.--Section 3(a) of the Wild and 
     Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking 
     paragraph (142) and inserting the following:
       ``(142) Sespe creek, california.--The following segments of 
     Sespe Creek in the State of California, to be administered by 
     the Secretary of Agriculture:
       ``(A) The 2.7-mile segment of Sespe Creek from the private 
     property boundary in sec. 10, T. 6 N., R. 24 W., to the 
     Hartman Ranch private property boundary in sec. 14, T. 6 N., 
     R. 24 W., as a wild river.
       ``(B) The 15-mile segment of Sespe Creek from the Hartman 
     Ranch private property boundary in sec. 14, T. 6 N., R. 24 
     W., to the western boundary of sec. 6, T. 5 N., R. 22 W., as 
     a recreational river.
       ``(C) The 6.1-mile segment of Sespe Creek from the western 
     boundary of sec. 6, T. 5 N., R. 22 W., to the confluence with 
     Trout Creek, as a scenic river.
       ``(D) The 28.6-mile segment of Sespe Creek from the 
     confluence with Trout Creek to the southern boundary of sec. 
     35, T. 5 N., R. 20 W., as a wild river.''.
       (c) Sisquoc River, California.--Section 3(a) of the Wild 
     and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by 
     striking paragraph (143) and inserting the following:
       ``(143) Sisquoc river, california.--The following segments 
     of the Sisquoc River and its tributaries in the State of 
     California, to be administered by the Secretary of 
     Agriculture:
       ``(A) The 33-mile segment of the main stem of the Sisquoc 
     River extending from its origin downstream to the Los Padres 
     Forest boundary, as a wild river.
       ``(B) The 4.2-mile segment of the South Fork Sisquoc River 
     from its source northeast of San Rafael Mountain in sec. 2, 
     T. 7 N., R. 28 W., to its confluence with the Sisquoc River, 
     as a wild river.
       ``(C) The 10.4-mile segment of Manzana Creek from its 
     source west of San Rafael Peak in sec. 4, T. 7 N., R. 28 W., 
     to the San Rafael Wilderness boundary upstream of Nira 
     Campground, as a wild river.
       ``(D) The 0.6-mile segment of Manzana Creek from the San 
     Rafael Wilderness boundary upstream of the Nira Campground to 
     the San Rafael Wilderness boundary downstream of the 
     confluence of Davy Brown Creek, as a recreational river.
       ``(E) The 5.8-mile segment of Manzana Creek from the San 
     Rafael Wilderness boundary downstream of the confluence of 
     Davy Brown Creek to the private property boundary in sec. 1, 
     T. 8 N., R. 30 W., as a wild river.
       ``(F) The 3.8-mile segment of Manzana Creek from the 
     private property boundary in sec. 1, T. 8 N., R. 30 W., to 
     the confluence of the Sisquoc River, as a recreational river.

[[Page S5460]]

       ``(G) The 3.4-mile segment of Davy Brown Creek from its 
     source west of Ranger Peak in sec. 32, T. 8 N., R. 29 W., to 
     300 feet upstream of its confluence with Munch Canyon, as a 
     wild river.
       ``(H) The 1.4-mile segment of Davy Brown Creek from 300 
     feet upstream of its confluence with Munch Canyon to its 
     confluence with Manzana Creek, as a recreational river.
       ``(I) The 2-mile segment of Munch Canyon from its source 
     north of Ranger Peak in sec. 33, T. 8 N., R. 29 W., to 300 
     feet upstream of its confluence with Sunset Valley Creek, as 
     a wild river.
       ``(J) The 0.5-mile segment of Munch Canyon from 300 feet 
     upstream of its confluence with Sunset Valley Creek to its 
     confluence with Davy Brown Creek, as a recreational river.
       ``(K) The 2.6-mile segment of Fish Creek from 500 feet 
     downstream of Sunset Valley Road to its confluence with 
     Manzana Creek, as a wild river.
       ``(L) The 1.5-mile segment of East Fork Fish Creek from its 
     source in sec. 26, T. 8 N., R. 29 W., to its confluence with 
     Fish Creek, as a wild river.''.
       (d) Piru Creek, California.--Section 3(a) of the Wild and 
     Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking 
     paragraph (199) and inserting the following:
       ``(199) Piru creek, california.--The following segments of 
     Piru Creek in the State of California, to be administered by 
     the Secretary of Agriculture:
       ``(A) The 9.1-mile segment of Piru Creek from its source in 
     sec. 3, T. 6 N., R. 22 W., to the private property boundary 
     in sec. 4, T. 6 N., R. 21 W., as a wild river.
       ``(B) The 17.2-mile segment of Piru Creek from the private 
     property boundary in sec. 4, T. 6 N., R. 21 W., to 0.25 miles 
     downstream of the Gold Hill Road, as a scenic river.
       ``(C) The 4.1-mile segment of Piru Creek from 0.25 miles 
     downstream of Gold Hill Road to the confluence with Trail 
     Canyon, as a wild river.
       ``(D) The 7.25-mile segment of Piru Creek from the 
     confluence with Trail Canyon to the confluence with Buck 
     Creek, as a scenic river.
       ``(E) The 3-mile segment of Piru Creek from 0.5 miles 
     downstream of Pyramid Dam at the first bridge crossing to the 
     boundary of the Sespe Wilderness, as a recreational river.
       ``(F) The 13-mile segment of Piru Creek from the boundary 
     of the Sespe Wilderness to the boundary of the Sespe 
     Wilderness, as a wild river.
       ``(G) The 2.2-mile segment of Piru Creek from the boundary 
     of the Sespe Wilderness to the upper limit of Piru Reservoir, 
     as a recreational river.''.
       (e) Effect.--The designation of additional miles of Piru 
     Creek under subsection (d) shall not affect valid water 
     rights in existence on the date of enactment of this Act.
       (f) Motorized Use of Trails.--Nothing in this section 
     (including the amendments made by this section) affects the 
     motorized use of trails designated by the Forest Service for 
     motorized use that are located adjacent to and crossing upper 
     Piru Creek, if the use is consistent with the protection and 
     enhancement of river values under the Wild and Scenic Rivers 
     Act (16 U.S.C. 1271 et seq.).

     SEC. 5106. DESIGNATION OF THE FOX MOUNTAIN POTENTIAL 
                   WILDERNESS.

       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the 
     Los Padres National Forest comprising approximately 41,082 
     acres, as generally depicted on the map entitled ``Fox 
     Mountain Potential Wilderness Area'' and dated November 14, 
     2019, is designated as the Fox Mountain Potential Wilderness 
     Area.
       (b) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     file a map and a legal description of the Fox Mountain 
     Potential Wilderness Area (referred to in this section as the 
     ``potential wilderness area'') with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this title, except that the Secretary of 
     Agriculture may correct any clerical and typographical errors 
     in the map and legal description.
       (3) Public availability.--The map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Forest 
     Service.
       (c) Management.--Except as provided in subsection (d) and 
     subject to valid existing rights, the Secretary shall manage 
     the potential wilderness area in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.).
       (d) Trail Use Construction, Reconstruction, and 
     Realignment.--
       (1) In general.--In accordance with paragraph (2), the 
     Secretary of Agriculture may--
       (A) construct a new trail for use by hikers, equestrians, 
     and mechanized vehicles that connects the Aliso Park 
     Campground to the Bull Ridge Trail; and
       (B) reconstruct or realign--
       (i) the Bull Ridge Trail; and
       (ii) the Rocky Ridge Trail.
       (2) Requirement.--In carrying out the construction, 
     reconstruction, or alignment under paragraph (1), the 
     Secretary shall--
       (A) comply with all existing laws (including regulations); 
     and
       (B) to the maximum extent practicable, use the minimum tool 
     or administrative practice necessary to accomplish the 
     construction, reconstruction, or alignment with the least 
     amount of adverse impact on wilderness character and 
     resources.
       (3) Motorized vehicles and machinery.--In accordance with 
     paragraph (2), the Secretary may use motorized vehicles and 
     machinery to carry out the trail construction, 
     reconstruction, or realignment authorized by this subsection.
       (4) Mechanized vehicles.--The Secretary may permit the use 
     of mechanized vehicles on the existing Bull Ridge Trail and 
     Rocky Ridge Trail in accordance with existing law (including 
     regulations) and this subsection until such date as the 
     potential wilderness area is designated as wilderness in 
     accordance with subsection (h).
       (e) Withdrawal.--Subject to valid existing rights, the 
     Federal land in the potential wilderness area is withdrawn 
     from all forms of--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (f) Cooperative Agreements.--In carrying out this section, 
     the Secretary may enter into cooperative agreements with 
     State, Tribal, and local governmental entities and private 
     entities to complete the trail construction, reconstruction, 
     and realignment authorized by subsection (d).
       (g) Boundaries.--The Secretary shall modify the boundary of 
     the potential wilderness area to exclude any area within 50 
     feet of the centerline of the new location of any trail that 
     has been constructed, reconstructed, or realigned under 
     subsection (d).
       (h) Wilderness Designation.--
       (1) In general.--The potential wilderness area, as modified 
     under subsection (g), shall be designated as wilderness and 
     as a component of the National Wilderness Preservation System 
     on the earlier of--
       (A) the date on which the Secretary publishes in the 
     Federal Register notice that the trail construction, 
     reconstruction, or alignment authorized by subsection (d) has 
     been completed; and
       (B) the date that is 20 years after the date of enactment 
     of this Act.
       (2) Administration of wilderness.--On designation as 
     wilderness under this section, the potential wilderness area 
     shall be--
       (A) incorporated into the San Rafael Wilderness, as 
     designated by Public Law 90-271 (16 U.S.C. 1132 note; 82 
     Stat. 51) and expanded by section 5102; and
       (B) administered in accordance with section 5104 and the 
     Wilderness Act (16 U.S.C. 1131 et seq.).

     SEC. 5107. DESIGNATION OF SCENIC AREAS.

       (a) In General.--Subject to valid existing rights, there 
     are established the following scenic areas:
       (1) Condor ridge scenic area.--Certain land in the Los 
     Padres National Forest comprising approximately 18,666 acres, 
     as generally depicted on the map entitled ``Condor Ridge 
     Scenic Area--Proposed'' and dated March 29, 2019, which shall 
     be known as the ``Condor Ridge Scenic Area''.
       (2) Black mountain scenic area.--Certain land in the Los 
     Padres National Forest and the Bakersfield Field Office of 
     the Bureau of Land Management comprising approximately 16,216 
     acres, as generally depicted on the map entitled ``Black 
     Mountain Scenic Area--Proposed'' and dated March 29, 2019, 
     which shall be known as the ``Black Mountain Scenic Area''.
       (b) Maps and Legal Descriptions.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     file a map and legal description of the Condor Ridge Scenic 
     Area and Black Mountain Scenic Area with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The maps and legal descriptions filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this title, except that the Secretary of 
     Agriculture may correct any clerical and typographical errors 
     in the maps and legal descriptions.
       (3) Public availability.--The maps and legal descriptions 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Forest 
     Service and Bureau of Land Management.
       (c) Purpose.--The purpose of the scenic areas is to 
     conserve, protect, and enhance for the benefit and enjoyment 
     of present and future generations the ecological, scenic, 
     wildlife, recreational, cultural, historical, natural, 
     educational, and scientific resources of the scenic areas.
       (d) Management.--
       (1) In general.--The Secretary shall administer the scenic 
     areas--
       (A) in a manner that conserves, protects, and enhances the 
     resources of the scenic areas, and in particular the scenic 
     character attributes of the scenic areas; and
       (B) in accordance with--
       (i) this section;
       (ii) the Federal Land Policy and Management Act (43 U.S.C. 
     1701 et seq.) for land under the jurisdiction of the 
     Secretary of the Interior;
       (iii) any laws (including regulations) relating to the 
     National Forest System, for land

[[Page S5461]]

     under the jurisdiction of the Secretary of Agriculture; and
       (iv) any other applicable law (including regulations).
       (2) Uses.--The Secretary shall only allow those uses of the 
     scenic areas that the Secretary determines would further the 
     purposes described in subsection (c).
       (e) Withdrawal.--Subject to valid existing rights, the 
     Federal land in the scenic areas is withdrawn from all forms 
     of--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (f) Prohibited Uses.--The following shall be prohibited on 
     the Federal land within the scenic areas:
       (1) Permanent roads.
       (2) Permanent structures.
       (3) Timber harvesting except when necessary for the 
     purposes described in subsection (g).
       (4) Transmission lines.
       (5) Except as necessary to meet the minimum requirements 
     for the administration of the scenic areas and to protect 
     public health and safety--
       (A) the use of motorized vehicles; or
       (B) the establishment of temporary roads.
       (6) Commercial enterprises, except as necessary for 
     realizing the purposes of the scenic areas.
       (g) Wildfire, Insect, and Disease Management.--Consistent 
     with this section, the Secretary may take any measures in the 
     scenic areas that the Secretary determines to be necessary to 
     control fire, insects, and diseases, including, as the 
     Secretary determines to be appropriate, the coordination of 
     those activities with the State or a local agency.
       (h) Adjacent Management.--The fact that an otherwise 
     authorized activity or use can be seen or heard within a 
     scenic area shall not preclude the activity or use outside 
     the boundary of the scenic area.

     SEC. 5108. CONDOR NATIONAL SCENIC TRAIL.

       (a) Finding.--Congress finds that the Condor National 
     Scenic Trail established under paragraph (31) of section 5(a) 
     of the National Trails System Act (16 U.S.C. 1244(a)) is 
     named after the California Condor, a critically endangered 
     bird species that lives along the corridor of the Condor 
     National Scenic Trail.
       (b) Purposes.--The purposes of the Condor National Scenic 
     Trail are--
       (1) to provide a continual extended hiking corridor that 
     connects the southern and northern portions of the Los Padres 
     National Forest, spanning the entire length of the forest 
     along the coastal mountains of southern and central 
     California; and
       (2) to provide for the public enjoyment of the nationally 
     significant scenic, historic, natural, and cultural resources 
     of the Los Padres National Forest.
       (c) Amendment.--Section 5(a) of the National Trails System 
     Act (16 U.S.C. 1244(a)) is amended by adding at the end the 
     following:
       ``(31) Condor national scenic trail.--
       ``(A) In general.--The Condor National Scenic Trail, a 
     trail extending approximately 400 miles from Lake Piru in the 
     southern portion of the Los Padres National Forest to the 
     Bottchers Gap Campground in the northern portion of the Los 
     Padres National Forest.
       ``(B) Administration.--The Condor National Scenic Trail 
     shall be administered by the Secretary of Agriculture, in 
     consultation with--
       ``(i) other Federal, State, Tribal, regional, and local 
     agencies;
       ``(ii) private landowners; and
       ``(iii) other interested organizations.
       ``(C) Recreational uses.--Notwithstanding section 7(c), the 
     use of motorized vehicles on roads or trails included in the 
     Condor National Scenic Trail on which motorized vehicles are 
     permitted as of the date of enactment of this paragraph may 
     be permitted.
       ``(D) Private property rights.--
       ``(i) Prohibition.--The Secretary shall not acquire for the 
     Condor National Scenic Trail any land or interest in land 
     outside the exterior boundary of any federally managed area 
     without the consent of the owner of land or interest in land.
       ``(ii) Effect.--Nothing in this paragraph--

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

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

     SEC. 5109. FOREST SERVICE STUDY.

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

     SEC. 5110. NONMOTORIZED RECREATION OPPORTUNITIES.

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

     SEC. 5111. USE BY MEMBERS OF INDIAN TRIBES.

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

    TITLE LII--SAN GABRIEL MOUNTAINS FOOTHILLS AND RIVERS PROTECTION

     SEC. 5201. DEFINITION OF STATE.

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

            Subtitle A--San Gabriel National Recreation Area

     SEC. 5211. PURPOSES.

       The purposes of this subtitle are--

[[Page S5462]]

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

     SEC. 5212. DEFINITIONS.

       In this subtitle:
       (1) Adjudication.--The term ``adjudication'' means any 
     final judgment, order, ruling, or decree entered in any 
     judicial proceeding adjudicating or affecting--
       (A) a water right;
       (B) surface water management; or
       (C) groundwater management.
       (2) Advisory council.--The term ``Advisory Council'' means 
     the San Gabriel National Recreation Area Public Advisory 
     Council established under section 5217(a).
       (3) Federal land.--The term ``Federal land'' means--
       (A) public land under the jurisdiction of the Secretary; 
     and
       (B) land under the jurisdiction of the Secretary of 
     Defense, acting through the Chief of Engineers.
       (4) Management plan.--The term ``management plan'' means 
     the management plan for the Recreation Area required under 
     section 5214(d).
       (5) Partnership.--The term ``Partnership'' means the San 
     Gabriel National Recreation Area Partnership established by 
     section 5218(a).
       (6) Public water system.--The term ``public water system'' 
     has the meaning given the term in--
       (A) section 1401 of the Safe Drinking Water Act (42 U.S.C. 
     300f); or
       (B) section 116275 of the California Health and Safety 
     Code.
       (7) Recreation area.--The term ``Recreation Area'' means 
     the San Gabriel National Recreation Area established by 
     section 5213(a).
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (9) Utility facility.--The term ``utility facility'' 
     means--
       (A)(i) any electric substation, communication facility, 
     tower, pole, line, ground wire, communication circuit, or 
     other structure; and
       (ii) any related infrastructure; and
       (B) any facility associated with a public water system.
       (10) Water resource facility.--The term ``water resource 
     facility'' means--
       (A) an irrigation or pumping facility;
       (B) a dam or reservoir;
       (C) a flood control facility;
       (D) a water conservation works (including a debris 
     protection facility);
       (E) a sediment placement site;
       (F) a rain gauge or stream gauge;
       (G) a water quality facility;
       (H) a water storage tank or reservoir;
       (I) a recycled water facility or water pumping, conveyance, 
     or distribution system;
       (J) a water or wastewater treatment facility;
       (K) an aqueduct, canal, ditch, pipeline, well, hydropower 
     project, or transmission or other ancillary facility;
       (L) a groundwater recharge facility;
       (M) a water conservation facility;
       (N) a water filtration plant; and
       (O) any other water diversion, conservation, groundwater 
     recharge, storage, or carriage structure.

     SEC. 5213. SAN GABRIEL NATIONAL RECREATION AREA.

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

     SEC. 5214. MANAGEMENT.

       (a) National Park System.--Subject to valid existing 
     rights, the Secretary shall manage the public land included 
     in the Recreation Area in a manner that protects and enhances 
     the natural resources and values of the public land, in 
     accordance with--
       (1) this subtitle;
       (2) the laws generally applicable to units of the National 
     Park System, including section 100101(a), chapter 1003, and 
     sections 100751(a), 100752, 100753, and 102101 of title 54, 
     United States Code; and
       (3) other applicable law (including regulations), 
     adjudications, and orders.
       (b) Cooperation With Secretary of Defense.--The Secretary 
     shall cooperate with the Secretary of Defense to develop 
     opportunities for the management of the Federal land under 
     the jurisdiction of the Secretary of Defense included in the 
     Recreation Area in accordance with the purposes described in 
     section 5211, to the maximum extent practicable.
       (c) Treatment of Non-Federal Land.--
       (1) In general.--Nothing in this subtitle--
       (A) authorizes the Secretary to take any action that would 
     affect the use of any land not owned by the United States 
     within the Recreation Area;
       (B) affects the use of, or access to, any non-Federal land 
     within the Recreation Area;
       (C) modifies any provision of Federal, State, or local law 
     with respect to public access to, or use of, non-Federal 
     land;
       (D) requires any owner of non-Federal land to allow public 
     access (including Federal, State, or local government access) 
     to private property or any other non-Federal land;
       (E) alters any duly adopted land use regulation, approved 
     land use plan, or any other regulatory authority of any State 
     or local agency or unit of Tribal government;
       (F) creates any liability, or affects any liability under 
     any other law, of any private property owner or other owner 
     of non-Federal land with respect to any person injured on the 
     private property or other non-Federal land;
       (G) conveys to the Partnership any land use or other 
     regulatory authority;
       (H) causes any Federal, State, or local regulation or 
     permit requirement intended to apply to units of the National 
     Park System to affect--
       (i) the Federal land under the jurisdiction of the 
     Secretary of Defense; or
       (ii) non-Federal land within the boundaries of the 
     Recreation Area; or
       (I) requires any local government to participate in any 
     program administered by the Secretary.
       (2) Cooperation.--The Secretary is encouraged to work with 
     owners of non-Federal land who have agreed to cooperate with 
     the Secretary to advance the purposes of this subtitle.
       (3) Buffer zones.--
       (A) In general.--Nothing in this subtitle establishes any 
     protective perimeter or buffer zone around the Recreation 
     Area.
       (B) Activities or uses up to boundaries.--The fact that an 
     activity or use of land can be seen or heard from within the 
     Recreation Area shall not preclude the activity or land use 
     up to the boundary of the Recreation Area.
       (4) Facilities.--Nothing in this subtitle affects the 
     operation, maintenance, modification, construction, 
     destruction, removal, relocation, improvement, or expansion 
     of--
       (A) any water resource facility or public water system;
       (B) any solid waste, sanitary sewer, water, or wastewater 
     treatment, groundwater recharge or conservation, 
     hydroelectric, or conveyance distribution system;
       (C) any recycled water facility; or
       (D) any other utility facility located within or adjacent 
     to the Recreation Area.
       (5) Exemption.--Section 100903 of title 54, United States 
     Code, shall not apply to--
       (A) the Puente Hills landfill; or

[[Page S5463]]

       (B) any materials recovery facility or intermodal facility 
     associated with the Recreation Area.
       (d) Management Plan.--
       (1) Deadline.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary and the Advisory Council 
     shall establish a comprehensive management plan for the 
     Recreation Area that supports the purposes described in 
     section 5211.
       (2) Use of existing plans.--In developing the management 
     plan, to the extent consistent with this section, the 
     Secretary may incorporate any provision of a land use or 
     other plan applicable to the public land included in the 
     Recreation Area.
       (3) Incorporation of visitor services plan.--To the maximum 
     extent practicable, the Secretary shall incorporate into the 
     management plan the visitor services plan under section 
     5219(a)(2).
       (4) Partnership.--In developing the management plan, the 
     Secretary shall--
       (A) consider recommendations of the Partnership; and
       (B) to the maximum extent practicable, incorporate 
     recommendations of the Partnership into the management plan, 
     if the Secretary determines that the recommendations are 
     feasible and consistent with--
       (i) the purposes described in section 5211;
       (ii) this subtitle; and
       (iii) applicable law (including regulations).
       (e) Fish and Wildlife.--Nothing in this subtitle affects 
     the jurisdiction of the State with respect to fish or 
     wildlife located on public land in the State.

     SEC. 5215. ACQUISITION OF NON-FEDERAL LAND WITHIN RECREATION 
                   AREA.

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

     SEC. 5216. WATER RIGHTS; WATER RESOURCE FACILITIES; PUBLIC 
                   ROADS; UTILITY FACILITIES.

       (a) No Effect on Water Rights.--Nothing in this subtitle or 
     section 5222--
       (1) affects the use or allocation, as in existence on the 
     date of enactment of this Act, of any water, water right, or 
     interest in water (including potable, recycled, reclaimed, 
     waste, imported, exported, banked, or stored water, surface 
     water, groundwater, and public trust interest);
       (2) affects any public or private contract in existence on 
     the date of enactment of this Act for the sale, lease, loan, 
     or transfer of any water (including potable, recycled, 
     reclaimed, waste, imported, exported, banked, or stored 
     water, surface water, and groundwater);
       (3) relinquishes or reduces any water right reserved or 
     appropriated by the United States in the State on or before 
     the date of enactment of this Act;
       (4) authorizes or imposes any new reserved Federal water 
     right or expands water usage pursuant to any existing Federal 
     reserved riparian or appropriative right;
       (5) relinquishes or reduces any water right (including 
     potable, recycled, reclaimed, waste, imported, exported, 
     banked, or stored water, surface water, and groundwater) 
     held, reserved, or appropriated by any public entity or other 
     individual or entity on or before the date of enactment of 
     this Act;
       (6) interferes or conflicts with the exercise of the powers 
     or duties of any watermaster, public agency, public water 
     system, court of competent jurisdiction, or other body or 
     entity responsible for groundwater or surface water 
     management or groundwater replenishment as designated or 
     established pursuant to any adjudication or Federal or State 
     law, including the management of the San Gabriel River 
     watershed and basin, to provide water supply or other 
     environmental benefits;
       (7) impedes or adversely impacts any previously adopted Los 
     Angeles County Drainage Area project, as described in the 
     report of the Chief of Engineers dated June 30, 1992 
     (including any supplement or addendum to that report), or any 
     maintenance agreement to operate that project;
       (8) interferes or conflicts with any action by a 
     watermaster, water agency, public water system, court of 
     competent jurisdiction, or public agency pursuant to any 
     Federal or State law, water right, or adjudication, including 
     any action relating to--
       (A) water conservation;
       (B) water quality;
       (C) surface water diversion or impoundment;
       (D) groundwater recharge;
       (E) water treatment;
       (F) conservation or storage of water;
       (G) the pollution, waste discharge, or pumping of 
     groundwater; or
       (H) the spreading, injection, pumping, storage, or use, in 
     connection with the management or regulation of the San 
     Gabriel River, of water from--
       (i) a local source;
       (ii) a storm water flow;
       (iii) runoff; or
       (iv) imported or recycled water;
       (9) interferes with, obstructs, hinders, or delays the 
     exercise of, or access to, any water right by the owner of a 
     public water system or any other individual or entity, 
     including the construction, operation, maintenance, 
     replacement, removal, repair, location, or relocation of--
       (A) a well;
       (B) a pipeline;
       (C) a water pumping, treatment, diversion, impoundment, or 
     storage facility; or
       (D) any other facility or property necessary or useful--
       (i) to access any water right; or
       (ii) to operate any public water system;
       (10) requires the initiation or reinitiation of 
     consultation with the United States Fish and Wildlife Service 
     under, or the application of any provision of, the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to any 
     action affecting any water, water right, or water management 
     or water resource facility in the San Gabriel River watershed 
     and basin; or
       (11) authorizes any agency or employee of the United 
     States, or any other person, to take any action inconsistent 
     with any of paragraphs (1) through (10).
       (b) Water Resource Facilities.--
       (1) No effect on existing water resource facilities.--
     Nothing in this subtitle or section 5222 affects--
       (A) the use, operation, maintenance, repair, construction, 
     destruction, removal, reconfiguration, expansion, 
     improvement, or replacement of a water resource facility or 
     public water system within or adjacent to the Recreation Area 
     or the San Gabriel Mountains National Monument; or
       (B) access to a water resource facility within or adjacent 
     to the Recreation Area or the San Gabriel Mountains National 
     Monument.
       (2) No effect on new water resource facilities.--Nothing in 
     this subtitle or section 5222 precludes the establishment of 
     a new water resource facility (including instream sites, 
     routes, and areas) within the Recreation Area or the San 
     Gabriel Mountains National Monument if the water resource 
     facility or public water system is necessary to preserve or 
     enhance the health, safety, reliability, quality, or 
     accessibility of water supply, or utility services to 
     residents of Los Angeles County.
       (3) Flood control.--Nothing in this subtitle or section 
     5222--
       (A) imposes any new restriction or requirement on flood 
     protection, water conservation, water supply, groundwater 
     recharge, water transfers, or water quality operations or 
     maintenance; or
       (B) increases the liability of an agency or public water 
     system carrying out flood protection, water conservation, 
     water supply, groundwater recharge, water transfers, or water 
     quality operations.
       (4) Diversion or use of water.--Nothing in this subtitle or 
     section 5222 authorizes or requires the use of water or water 
     rights in, or the diversion of water to, the Recreation Area 
     or San Gabriel Mountains National Monument.
       (c) Utility Facilities and Rights of Way.--Nothing in this 
     subtitle or section 5222--
       (1) affects the use, operation, maintenance, repair, 
     construction, destruction, reconfiguration, expansion, 
     inspection, renewal, reconstruction, alteration, addition, 
     relocation, improvement, removal, or replacement of a utility 
     facility or appurtenant right-of-way within or adjacent to 
     the Recreation Area or the San Gabriel Mountains National 
     Monument;
       (2) affects access to a utility facility or right-of-way 
     within or adjacent to the Recreation Area or the San Gabriel 
     Mountains National Monument; or
       (3) precludes the establishment of a new utility facility 
     or right-of-way (including instream sites, routes, and areas) 
     within the Recreation Area or the San Gabriel Mountains 
     National Monument if such a facility or right-of-way is 
     necessary for public health and safety, electricity supply, 
     or other utility services.
       (d) Roads; Public Transit.--
       (1) Definitions.--In this subsection:
       (A) Public road.--The term ``public road'' means any paved 
     road or bridge (including any appurtenant structure and 
     right-of-way) that is--
       (i) operated or maintained by a non-Federal entity; and
       (ii)(I) open to vehicular use by the public; or
       (II) used by a public agency or utility for the operation, 
     maintenance, improvement, repair, removal, relocation, 
     construction, destruction, or rehabilitation of 
     infrastructure, a utility facility, or a right-of-way.
       (B) Public transit.--The term ``public transit'' means any 
     transit service (including operations and rights-of-way) that 
     is--
       (i) operated or maintained by a non-Federal entity; and
       (ii)(I) open to the public; or
       (II) used by a public agency or contractor for the 
     operation, maintenance, repair, construction, or 
     rehabilitation of infrastructure, a utility facility, or a 
     right-of-way.

[[Page S5464]]

       (2) No effect on public roads or public transit.--Nothing 
     in this subtitle or section 5222--
       (A) authorizes the Secretary to take any action that would 
     affect the operation, maintenance, repair, or rehabilitation 
     of public roads or public transit (including activities 
     necessary to comply with Federal or State safety or public 
     transit standards); or
       (B) creates any new liability, or increases any existing 
     liability, of an owner or operator of a public road.

     SEC. 5217. SAN GABRIEL NATIONAL RECREATION AREA PUBLIC 
                   ADVISORY COUNCIL.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall establish an 
     advisory council, to be known as the ``San Gabriel National 
     Recreation Area Public Advisory Council''.
       (b) Duties.--The Advisory Council shall advise the 
     Secretary regarding the development and implementation of--
       (1) the management plan; and
       (2) the visitor services plan under section 5219(a)(2).
       (c) Applicable Law.--The Advisory Council shall be subject 
     to--
       (1) the Federal Advisory Committee Act (5 U.S.C. App.); and
       (2) all other applicable laws (including regulations).
       (d) Membership.--The Advisory Council shall consist of 22 
     members, to be appointed by the Secretary after taking into 
     consideration recommendations of the Partnership, of whom--
       (1) 2 shall represent local, regional, or national 
     environmental organizations;
       (2) 2 shall represent the interests of outdoor recreation, 
     including off-highway vehicle recreation, within the 
     Recreation Area;
       (3) 2 shall represent the interests of community-based 
     organizations, the missions of which include expanding access 
     to the outdoors;
       (4) 2 shall represent business interests;
       (5) 1 shall represent Indian Tribes within or adjacent to 
     the Recreation Area;
       (6) 1 shall represent the interests of homeowners' 
     associations within the Recreation Area;
       (7) 3 shall represent the interests of holders of 
     adjudicated water rights, public water systems, water 
     agencies, wastewater and sewer agencies, recycled water 
     facilities, and water management and replenishment entities;
       (8) 1 shall represent energy and mineral development 
     interests;
       (9) 1 shall represent owners of Federal grazing permits or 
     other land use permits within the Recreation Area;
       (10) 1 shall represent archaeological and historical 
     interests;
       (11) 1 shall represent the interests of environmental 
     educators;
       (12) 1 shall represent cultural history interests;
       (13) 1 shall represent environmental justice interests;
       (14) 1 shall represent electrical utility interests; and
       (15) 2 shall represent the affected public at large.
       (e) Terms.--
       (1) Staggered terms.--A member of the Advisory Council 
     shall be appointed for a term of 3 years, except that, of the 
     members first appointed--
       (A) 7 shall be appointed for a term of 1 year; and
       (B) 7 shall be appointed for a term of 2 years.
       (2) Reappointment.--A member may be reappointed to serve on 
     the Advisory Council on the expiration of the term of service 
     of the member.
       (3) Vacancy.--A vacancy on the Advisory Council shall be 
     filled in the same manner in which the original appointment 
     was made.
       (f) Quorum.--
       (1) In general.--Ten members of the Advisory Council shall 
     constitute a quorum.
       (2) No effect on operations.--The operations of the 
     Advisory Council shall not be impaired by the fact that a 
     member has not yet been appointed if a quorum has been 
     attained under paragraph (1).
       (g) Chairperson; Procedures.--The Advisory Council shall--
       (1) select a chairperson from among the members of the 
     Advisory Council; and
       (2) establish such rules and procedures as the Advisory 
     Council considers to be necessary or desirable.
       (h) Service Without Pay.--A member of the Advisory Council 
     shall serve without pay.
       (i) Termination.--The Advisory Council shall terminate on--
       (1) the date that is 5 years after the date on which the 
     management plan is adopted by the Secretary; or
       (2) such later date as the Secretary considers to be 
     appropriate.

     SEC. 5218. SAN GABRIEL NATIONAL RECREATION AREA PARTNERSHIP.

       (a) Establishment.--There is established a partnership, to 
     be known as the ``San Gabriel National Recreation Area 
     Partnership''.
       (b) Purposes.--The purposes of the Partnership are--
       (1) to coordinate the activities of Federal, State, Tribal, 
     and local authorities and the private sector in advancing the 
     purposes of this subtitle; and
       (2) to use the resources and expertise of each agency in 
     improving management and recreational opportunities within 
     the Recreation Area.
       (c) Membership.--The Partnership shall include the 
     following:
       (1) The Secretary (or a designee) to represent the National 
     Park Service.
       (2) The Secretary of Defense (or a designee) to represent 
     the Corps of Engineers.
       (3) The Secretary of Agriculture (or a designee) to 
     represent the Forest Service.
       (4) The Secretary of the Natural Resources Agency of the 
     State (or a designee) to represent--
       (A) the California Department of Parks and Recreation; and
       (B) the Rivers and Mountains Conservancy.
       (5) One designee of the Los Angeles County Board of 
     Supervisors.
       (6) One designee of the Puente Hills Habitat Preservation 
     Authority.
       (7) Four designees of the San Gabriel Council of 
     Governments, of whom 1 shall be selected from a local land 
     conservancy.
       (8) One designee of the San Gabriel Valley Economic 
     Partnership.
       (9) One designee of the Los Angeles County Flood Control 
     District.
       (10) One designee of the San Gabriel Valley Water 
     Association.
       (11) One designee of the Central Basin Water Association.
       (12) One designee of the Main San Gabriel Basin 
     Watermaster.
       (13) One designee of a public utility company, to be 
     appointed by the Secretary.
       (14) One designee of the Watershed Conservation Authority.
       (15) One designee of the Advisory Council for the period 
     during which the Advisory Council remains in effect.
       (16) One designee of San Gabriel Mountains National 
     Monument Community Collaborative.
       (d) Duties.--To advance the purposes described in section 
     5211, the Partnership shall--
       (1) make recommendations to the Secretary regarding the 
     development and implementation of the management plan;
       (2) review and comment on the visitor services plan under 
     section 5219(a)(2), and facilitate the implementation of that 
     plan;
       (3) assist units of local government, regional planning 
     organizations, and nonprofit organizations in advancing the 
     purposes of the Recreation Area by--
       (A) carrying out programs and projects that recognize, 
     protect, and enhance important resource values within the 
     Recreation Area;
       (B) establishing and maintaining interpretive exhibits and 
     programs within the Recreation Area;
       (C) developing recreational and educational opportunities 
     in the Recreation Area in accordance with the purposes of 
     this subtitle;
       (D) increasing public awareness of, and appreciation for, 
     natural, historic, scenic, and cultural resources of the 
     Recreation Area;
       (E) ensuring that signs identifying points of public access 
     and sites of interest are posted throughout the Recreation 
     Area;
       (F) promoting a wide range of partnerships among 
     governments, organizations, and individuals to advance the 
     purposes of the Recreation Area; and
       (G) ensuring that management of the Recreation Area takes 
     into consideration--
       (i) local ordinances and land-use plans; and
       (ii) adjacent residents and property owners;
       (4) make recommendations to the Secretary regarding the 
     appointment of members to the Advisory Council; and
       (5) carry out any other actions necessary to achieve the 
     purposes of this subtitle.
       (e) Authorities.--Subject to approval by the Secretary, for 
     the purposes of preparing and implementing the management 
     plan, the Partnership may use Federal funds made available 
     under this section--
       (1) to make grants to the State, political subdivisions of 
     the State, nonprofit organizations, and other persons;
       (2) to enter into cooperative agreements with, or provide 
     grants or technical assistance to, the State, political 
     subdivisions of the State, nonprofit organizations, Federal 
     agencies, and other interested parties;
       (3) to hire and compensate staff;
       (4) to obtain funds or services from any source, including 
     funds and services provided under any other Federal law or 
     program;
       (5) to contract for goods or services; and
       (6) to support activities of partners and any other 
     activities that--
       (A) advance the purposes of the Recreation Area; and
       (B) are in accordance with the management plan.
       (f) Terms of Office; Reappointment; Vacancies.--
       (1) Terms.--A member of the Partnership shall be appointed 
     for a term of 3 years.
       (2) Reappointment.--A member may be reappointed to serve on 
     the Partnership on the expiration of the term of service of 
     the member.
       (3) Vacancy.--A vacancy on the Partnership shall be filled 
     in the same manner in which the original appointment was 
     made.
       (g) Quorum.--
       (1) In general.--11 members of the Partnership shall 
     constitute a quorum.
       (2) No effect on operations.--The operations of the 
     Partnership shall not be impaired by the fact that a member 
     has not yet been appointed if a quorum has been attained 
     under paragraph (1).
       (h) Chairperson; Procedures.--The Partnership shall--
       (1) select a chairperson from among the members of the 
     Partnership; and

[[Page S5465]]

       (2) establish such rules and procedures as the Partnership 
     considers to be necessary or desirable.
       (i) Service Without Compensation.--A member of the 
     Partnership shall serve without compensation.
       (j) Duties and Authorities of Secretary.--
       (1) In general.--The Secretary shall convene the 
     Partnership on a regular basis to carry out this subtitle.
       (2) Technical and financial assistance.--The Secretary may 
     provide to the Partnership or any member of the Partnership, 
     on a reimbursable or nonreimbursable basis, such technical 
     and financial assistance as the Secretary determines to be 
     appropriate to carry out this subtitle.
       (3) Cooperative agreements.--The Secretary may enter into a 
     cooperative agreement with the Partnership, a member of the 
     Partnership, or any other public or private entity to provide 
     technical, financial, or other assistance to carry out this 
     subtitle.
       (4) Construction of facilities on non-federal land.--
       (A) In general.--To facilitate the administration of the 
     Recreation Area, the Secretary may, subject to valid existing 
     rights, construct administrative or visitor use facilities on 
     land owned by a nonprofit organization, local agency, or 
     other public entity in accordance with this subtitle and 
     applicable law (including regulations).
       (B) Additional requirements.--A facility under this 
     paragraph may only be developed--
       (i) with the consent of the owner of the non-Federal land; 
     and
       (ii) in accordance with applicable Federal, State, and 
     local laws (including regulations) and plans.
       (5) Priority.--The Secretary shall give priority to actions 
     that--
       (A) conserve the significant natural, historic, cultural, 
     and scenic resources of the Recreation Area; and
       (B) provide educational, interpretive, and recreational 
     opportunities consistent with the purposes of the Recreation 
     Area.
       (k) Committees.--The Partnership shall establish--
       (1) a Water Technical Advisory Committee to advise the 
     Secretary regarding water-related issues relating to the 
     Recreation Area; and
       (2) a Public Safety Advisory Committee to advise the 
     Secretary regarding public safety issues relating to the 
     Recreation Area.

     SEC. 5219. VISITOR SERVICES AND FACILITIES.

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

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

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

       (I) to expand opportunities for high-demand recreational 
     activities, in accordance with the purposes described in 
     section 5211;
       (II) to better manage Recreation Area resources and improve 
     the experience of Recreation Area visitors through--

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

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

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

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

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

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

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

                   Subtitle B--San Gabriel Mountains

     SEC. 5221. DEFINITIONS.

       In this subtitle:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (2) Wilderness area or addition.--The term ``wilderness 
     area or addition'' means any wilderness area or wilderness 
     addition designated by section 5223(a).

     SEC. 5222. NATIONAL MONUMENT BOUNDARY MODIFICATION.

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

     SEC. 5223. DESIGNATION OF WILDERNESS AREAS AND ADDITIONS.

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

[[Page S5466]]

     correct any clerical or typographical error in the map or 
     legal description.
       (3) Public availability.--The map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Forest 
     Service.

     SEC. 5224. ADMINISTRATION OF WILDERNESS AREAS AND ADDITIONS.

       (a) In General.--Subject to valid existing rights, the 
     wilderness areas and additions shall be administered by the 
     Secretary in accordance with this section and the Wilderness 
     Act (16 U.S.C. 1131 et seq.), except that any reference in 
     that Act to the effective date of that Act shall be 
     considered to be a reference to the date of enactment of this 
     Act.
       (b) Fire Management and Related Activities.--
       (1) In general.--The Secretary may carry out such 
     activities in a wilderness area or addition as are necessary 
     for the control of fire, insects, or diseases in accordance 
     with--
       (A) section 4(d)(1) of the Wilderness Act (16 U.S.C. 
     1133(d)(1)); and
       (B) House Report 98-40 of the 98th Congress.
       (2) Funding priorities.--Nothing in this subtitle limits 
     funding for fire or fuels management in a wilderness area or 
     addition.
       (3) Revision and development of local fire management 
     plans.--As soon as practicable after the date of enactment of 
     this Act, the Secretary shall amend, as applicable, any local 
     fire management plan that applies to a wilderness area or 
     addition.
       (4) Administration.--In accordance with paragraph (1) and 
     any other applicable Federal law, to ensure a timely and 
     efficient response to a fire emergency in a wilderness area 
     or addition, the Secretary shall--
       (A) not later than 1 year after the date of enactment of 
     this Act, establish agency approval procedures (including 
     appropriate delegations of authority to the Forest 
     Supervisor, District Manager, or other agency officials) for 
     responding to fire emergencies; and
       (B) enter into agreements with appropriate State or local 
     firefighting agencies.
       (c) Grazing.--The grazing of livestock in a wilderness area 
     or addition, if established before the date of enactment of 
     this Act, shall be administered in accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (2) the guidelines contained in Appendix A of the report of 
     the Committee on Interior and Insular Affairs of the House of 
     Representatives accompanying H.R. 2570 of the 101st Congress 
     (H. Rept. 101-405).
       (d) Fish and Wildlife.--
       (1) In general.--In accordance with section 4(d)(7) of the 
     Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this 
     subtitle affects the jurisdiction or responsibility of the 
     State with respect to fish or wildlife on public land in the 
     State.
       (2) Management activities.--
       (A) In general.--In support of the purposes and principles 
     of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary 
     may conduct any management activity that the Secretary 
     determines to be necessary to maintain or restore a fish or 
     wildlife population or habitat in a wilderness area or 
     addition, if the activity is conducted in accordance with--
       (i) applicable wilderness management plans; and
       (ii) appropriate policies, such as the policies established 
     in Appendix B of the report of the Committee on Interior and 
     Insular Affairs of the House of Representatives accompanying 
     H.R. 2570 of the 101st Congress (H. Rept. 101-405).
       (B) Inclusions.--A management activity under subparagraph 
     (A) may include the occasional and temporary use of motorized 
     vehicles, if the use, as determined by the Secretary, would 
     promote healthy, viable, and more naturally distributed 
     wildlife populations that would enhance wilderness values 
     while causing the minimum impact necessary to accomplish 
     those tasks.
       (C) Existing activities.--In accordance with section 
     4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and 
     other appropriate policies (such as the policies established 
     in Appendix B of the report of the Committee on Interior and 
     Insular Affairs of the House of Representatives accompanying 
     H.R. 2570 of the 101st Congress (H. Rept. 101-405)), the 
     State may use aircraft (including helicopters) in a 
     wilderness area or addition to survey, capture, transplant, 
     monitor, or provide water for a wildlife population, 
     including bighorn sheep.
       (e) Buffer Zones.--
       (1) In general.--Nothing in this subtitle establishes any 
     protective perimeter or buffer zone around a wilderness area 
     or addition.
       (2) Activities or uses up to boundaries.--The fact that a 
     nonwilderness activity or use can be seen or heard from 
     within a wilderness area or addition shall not preclude the 
     activity or use up to the boundary of the wilderness area or 
     addition.
       (f) Military Activities.--Nothing in this title precludes--
       (1) low-level overflights of military aircraft over a 
     wilderness area or addition;
       (2) the designation of a new unit of special airspace over 
     a wilderness area or addition; or
       (3) the use or establishment of a military flight training 
     route over a wilderness area or addition.
       (g) Horses.--Nothing in this subtitle precludes horseback 
     riding in, or the entry of recreational or commercial saddle 
     or pack stock into, a wilderness area or addition--
       (1) in accordance with section 4(d)(5) of the Wilderness 
     Act (16 U.S.C. 1133(d)(5)); and
       (2) subject to such terms and conditions as the Secretary 
     determines to be necessary.
       (h) Law Enforcement.--Nothing in this subtitle precludes 
     any law enforcement or drug interdiction effort within a 
     wilderness area or addition, in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.).
       (i) Withdrawal.--Subject to valid existing rights, the 
     wilderness areas and additions are withdrawn from--
       (1) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral materials and geothermal 
     leasing laws.
       (j) Incorporation of Acquired Land and Interests.--Any land 
     within the boundary of a wilderness area or addition that is 
     acquired by the United States shall--
       (1) become part of the wilderness area or addition in which 
     the land is located; and
       (2) be managed in accordance with this section, the 
     Wilderness Act (16 U.S.C. 1131 et seq.), and any other 
     applicable law (including regulations).
       (k) Climatological Data Collection.--In accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such 
     terms and conditions as the Secretary may prescribe, the 
     Secretary may authorize the installation and maintenance of 
     hydrologic, meteorologic, or climatological collection 
     devices in a wilderness area or addition if the Secretary 
     determines that the device and access to the device is 
     essential to a flood warning, flood control, or water 
     reservoir operation activity.
       (l) Authorized Event.--The Secretary may authorize the 
     Angeles Crest 100 competitive running event to continue in 
     substantially the same manner in which the event was operated 
     and permitted in 2015 within the land added to the Sheep 
     Mountain Wilderness by section 5223(a)(3) and the Pleasant 
     View Ridge Wilderness Area designated by section 1802(8) of 
     the Omnibus Public Land Management Act of 2009 (16 U.S.C. 
     1132 note; Public Law 111-11; 123 Stat. 1054), if the event 
     is authorized and conducted in a manner compatible with the 
     preservation of the areas as wilderness.

     SEC. 5225. DESIGNATION OF WILD AND SCENIC RIVERS.

       (a) Designation.--Section 3(a) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1274(a)) (as amended by section 
     5105(a)) is amended by adding at the end the following:
       ``(272) East fork san gabriel river, california.--The 
     following segments of the East Fork San Gabriel River, to be 
     administered by the Secretary of Agriculture in the following 
     classes:
       ``(A) The 10-mile segment from the confluence of the 
     Prairie Fork and Vincent Gulch to 100 yards upstream of the 
     Heaton Flats trailhead and day use area, as a wild river.
       ``(B) The 2.7-mile segment from 100 yards upstream of the 
     Heaton Flats trailhead and day use area to 100 yards upstream 
     of the confluence with Williams Canyon, as a recreational 
     river.
       ``(273) North fork san gabriel river, california.--The 4.3-
     mile segment of the North Fork San Gabriel River from the 
     confluence with Cloudburst Canyon to 0.25 miles upstream of 
     the confluence with the West Fork San Gabriel River, to be 
     administered by the Secretary of Agriculture as a 
     recreational river.
       ``(274) West fork san gabriel river, california.--The 
     following segments of the West Fork San Gabriel River, to be 
     administered by the Secretary of Agriculture in the following 
     classes:
       ``(A) The 6.7-mile segment from 0.25 miles downstream of 
     its source near Red Box Gap in sec. 14, T. 2 N., R. 12 W., to 
     the confluence with the unnamed tributary 0.25 miles 
     downstream of the power lines in sec. 22, T. 2 N., R. 11 W., 
     as a recreational river.
       ``(B) The 1.6-mile segment of the West Fork from 0.25 miles 
     downstream of the powerlines in sec. 22, T. 2 N., R. 11 W., 
     to the confluence with Bobcat Canyon, as a wild river.
       ``(275) Little rock creek, california.--The following 
     segments of Little Rock Creek and tributaries, to be 
     administered by the Secretary of Agriculture in the following 
     classes:
       ``(A) The 10.3-mile segment from its source on Mt. 
     Williamson in sec. 6, T. 3 N., R. 9 W., to 100 yards upstream 
     of the confluence with the South Fork Little Rock Creek, as a 
     wild river.
       ``(B) The 6.6-mile segment from 100 yards upstream of the 
     confluence with the South Fork Little Rock Creek to the 
     confluence with Santiago Canyon, as a recreational river.
       ``(C) The 1-mile segment of Cooper Canyon Creek from 0.25 
     miles downstream of Highway 2 to 100 yards downstream of 
     Cooper Canyon Campground, as a scenic river.
       ``(D) The 1.3-mile segment of Cooper Canyon Creek from 100 
     yards downstream of Cooper Canyon Campground to the 
     confluence with Little Rock Creek, as a wild river.
       ``(E) The 1-mile segment of Buckhorn Creek from 100 yards 
     downstream of the Buckhorn Campground to its confluence with 
     Cooper Canyon Creek, as a wild river.''.
       (b) Water Resource Facilities; Water Use.--
       (1) Water resource facilities.--
       (A) Definitions.--In this paragraph:
       (i) Water resource facility.--The term ``water resource 
     facility'' means--

[[Page S5467]]

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

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

     SEC. 5226. WATER RIGHTS.

       (a) Statutory Construction.--Nothing in this title, and no 
     action carried out pursuant to this title--
       (1) constitutes an express or implied reservation of any 
     water or water right, or authorizes an expansion of water use 
     pursuant to existing water rights held by the United States, 
     with respect to--
       (A) the San Gabriel Mountains National Monument;
       (B) the wilderness areas and additions; and
       (C) the components of the national wild and scenic rivers 
     system designated by paragraphs (272), (273), (274), and 
     (275) of section 3(a) of the Wild and Scenic Rivers Act (16 
     U.S.C. 1274(a)) (as added by section 5225(a)) and land 
     adjacent to the components;
       (2) affects, alters, modifies, or conditions any water 
     right in the State in existence on the date of enactment of 
     this Act, including any water rights held by the United 
     States;
       (3) establishes a precedent with respect to any designation 
     of wilderness or wild and scenic rivers after the date of 
     enactment of this Act;
       (4) affects, alters, or modifies the interpretation of, or 
     any designation, decision, adjudication, or action carried 
     out pursuant to, any other Act; or
       (5) limits, alters, modifies, or amends any interstate 
     compact or equitable apportionment decree that apportions 
     water among or between the State and any other State.
       (b) State Water Law.--The Secretary shall comply with 
     applicable procedural and substantive requirements under 
     State law to obtain and hold any water rights not in 
     existence on the date of enactment of this Act with respect 
     to--
       (1) the San Gabriel Mountains National Monument;
       (2) the wilderness areas and additions; and
       (3) the components of the national wild and scenic rivers 
     system designated by paragraphs (272), (273), (274), and 
     (275) of section 3(a) of the Wild and Scenic Rivers Act (16 
     U.S.C. 1274(a)) (as added by section 5225(a)).
                                 ______
                                 
  SA 5956. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        In the funding table in section 4101, in the item relating 
     to Abrams Upgrade Program, strike the amount in the Senate 
     Authorized column and insert ``1,289,934''.
                                 ______
                                 
  SA 5957. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        In the funding table in section 4201, in the item relating 
     to Combat Vehicle Improvement Programs, strike the amount in 
     the Senate Authorized column and insert ``289,510''.
                                 ______
                                 
  SA 5958. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ____. GOVERNMENT ACCOUNTABILITY OFFICE UNIMPLEMENTED 
                   PRIORITY RECOMMENDATIONS.

       The Comptroller General of the United States shall, as part 
     of the Comptroller General's annual reporting to committees 
     of Congress--
       (1) consolidate Matters for Congressional Consideration 
     from the Government Accountability Office in one report 
     organized by policy topic that includes the amount of time 
     such Matters have been unimplemented and submit such report 
     to congressional leadership and the oversight committees of 
     each House;
       (2) with respect to the annual letters sent by the 
     Comptroller General to individual agency heads and relevant 
     congressional committees on the status of unimplemented 
     priority recommendations, identify any additional 
     congressional oversight actions that can help agencies 
     implement such priority recommendations and address any 
     underlying issues relating to such implementation;
       (3) make publicly available the information described in 
     paragraphs (1) and (2); and
       (4) publish any known costs of unimplemented priority 
     recommendations, if applicable.
                                 ______
                                 
  SA 5959. Mr. PORTMAN (for himself and Mr. Manchin) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. FENTANYL-RELATED SUBSTANCES.

       (a) In General.--Schedule I of section 202(c) of the 
     Controlled Substances Act (21 U.S.C. 812(c)) is amended by 
     adding at the end the following:
       ``(e)(1) Unless specifically exempted or unless listed in 
     another schedule, any material, compound, mixture, or 
     preparation which contains any quantity of fentanyl-related 
     substances, or which contains their salts, isomers, and salts 
     of isomers whenever the existence of such salts, isomers, and 
     salts of isomers is possible within the specific chemical 
     designation.
       ``(2) In paragraph (1), the term `fentanyl-related 
     substances' includes any substance that is structurally 
     related to fentanyl by 1 or more of the following 
     modifications:
       ``(A) By replacement of the phenyl portion of the phenethyl 
     group by any monocycle, whether or not further substituted in 
     or on the monocycle.
       ``(B) By substitution in or on the phenethyl group with 
     alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or 
     nitro groups.
       ``(C) By substitution in or on the piperidine ring with 
     alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, 
     haloalkyl, amino, or nitro groups.
       ``(D) By replacement of the aniline ring with any aromatic 
     monocycle whether or not further substituted in or on the 
     aromatic monocycle.
       ``(E) By replacement of the N-propionyl group by another 
     acyl group.''.
       (b) No Minimum Sentence.--Section 401(b)(1)(C) of the 
     Controlled Substances Act (21 U.S.C 841(b)(1)(C)) is amended 
     by adding at the end the following: ``Any minimum term of 
     imprisonment required to be imposed under this subparagraph 
     shall not apply with respect to a controlled substance 
     described in subsection (e)(1) of schedule I.''.

[[Page S5468]]

  

                                 ______
                                 
  SA 5960. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1254. REPORT ON BULK FUEL STRATEGY AND DELIVERY 
                   CAPABILITIES OF UNITED STATES INDO-PACIFIC 
                   COMMAND.

       (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 committees of Congress a report on 
     the current state of the bulk fuel strategy and delivery 
     capabilities of the United States Indo-Pacific Command, 
     including the use by the United States Indo-Pacific Command 
     of commercial solutions.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the current state of pre-positioned 
     fuel in the area of responsibility of the United States Indo-
     Pacific Command, including the relevant equipment and 
     infrastructure needed for disbursed placement and delivery 
     for a scalable and resilient contingency response, including 
     projects that have been completed, projects that are 
     underway, and associated timelines.
       (2) A plan to ensure fuel security and sustainment in such 
     area of responsibility for the duration of a prolonged 
     conflict and an assessment of the improvements necessary to 
     address fuel storage and the consistent movement and 
     availability of fuel via air and waterways in the region.
       (3) A description of existing commercial capabilities that 
     the Department of Defense is leveraging to rapidly meet fuel 
     requirements.
       (4) An assessment of further investments required to ensure 
     logistical superiority and uninterrupted sustainment of 
     operations in such area of responsibility.
                                 ______
                                 
  SA 5961. Ms. KLOBUCHAR (for herself, Mr. Coons, and Mr. Blumenthal) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for fiscal 
year 2023 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

                   DIVISION E--AFGHAN ADJUSTMENT ACT

                     TITLE I--AFGHAN ADJUSTMENT ACT

     SECTION 5101. SHORT TITLE.

       This title may be cited as the ``Afghan Adjustment Act''.

     SEC. 5102. DEFINITIONS.

       (a) In General.--Except as otherwise specifically provided, 
     any term used in this title that is used in the immigration 
     laws shall have the meaning given the term in the immigration 
     laws.
       (b) Definitions.--In this title:
       (1) Immigration laws.--The term ``immigration laws'' has 
     the meaning given the term in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
       (2) Special immigrant status.--The term ``special immigrant 
     status'' means special immigrant status provided under--
       (A) the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 
     1101 note; Public Law 111-8); or
       (B) section 1059 of the National Defense Authorization Act 
     for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
     163).
       (3) Specified application.--The term ``specified 
     application'' means--
       (A) an application for special immigrant status;
       (B) an application to seek admission to the United States 
     through the United States Refugee Admission Program for an 
     individual who has received a Priority 1 or Priority 2 
     referral to such program; and
       (C) an application for a special immigrant visa under 
     section 5107 or an amendment made by that section.
       (4) United states refugee admissions program.--The term 
     ``United States Refugee Admissions Program'' means the 
     program to resettle refugees in the United States pursuant to 
     the authorities provided in sections 101(a)(42), 207, and 412 
     of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42), 
     1157, and 1522).

     SEC. 5103. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) nationals of Afghanistan residing outside the United 
     States who meet the requirements for admission to the United 
     States through a specified application have aided the United 
     States mission in Afghanistan during the past 20 years; and
       (2) the United States should increase support for such 
     nationals.

     SEC. 5104. SUPPORT FOR AFGHAN ALLIES OUTSIDE OF THE UNITED 
                   STATES.

       (a) Response to Congressional Inquiries.--The Secretary of 
     State shall respond to inquiries by Members of Congress 
     regarding a specified application submitted by, or on behalf 
     of, a national of Afghanistan who has provided a 
     confidentiality release.
       (b) Office in Lieu of Embassy.--During the period in which 
     there is no operational United States embassy in Afghanistan, 
     the Secretary of State shall establish and maintain an office 
     capable of--
       (1) reviewing specified applications submitted by nationals 
     of Afghanistan residing in Afghanistan;
       (2) issuing visas to such nationals;
       (3) to the greatest extent practicable, providing services 
     to such nationals that would normally be provided by an 
     embassy; and
       (4) carrying out any other function the Secretary considers 
     necessary.

     SEC. 5105. INTERAGENCY TASK FORCE ON AFGHAN ALLY STRATEGY.

       (a) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, the President shall establish 
     an Interagency Task Force on Afghan Ally Strategy (referred 
     to in this section as the ``Task Force'')--
       (1) to develop and oversee the implementation of the 
     strategy described in subsection (d)(1)(B)(iv); and
       (2) to submit the report, and provide a briefing on the 
     report, described in subsection (d).
       (b) Membership.--
       (1) In general.--The Task Force shall be comprised of--
       (A) the Secretary of State;
       (B) the Secretary of Homeland Security;
       (C) the Secretary of Defense;
       (D) the Director of the Federal Bureau of Investigation;
       (E) the Director of National Intelligence; and
       (F) any other Government official, as designated by the 
     President.
       (2) Delegation.--A member of the Task Force may designate a 
     representative to carry out the duties under this section.
       (c) Chair.--The Task Force shall be chaired by the 
     Secretary of State.
       (d) Duties.--
       (1) Report and strategy.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Task Force shall submit to the 
     Committee on Appropriations and the Committee on Foreign 
     Relations of the Senate and the Committee on Appropriations 
     and the Committee on Foreign Affairs of the House of 
     Representatives a report that includes a strategy for 
     supporting nationals of Afghanistan residing outside the 
     United States who meet the requirements for admission to the 
     United States through a specified application.
       (B) Elements.--The report required by subparagraph (A) 
     shall include the following:
       (i) Estimates of--

       (I)(aa) the total number of nationals of Afghanistan 
     residing in Afghanistan who have submitted specified 
     applications that are pending and, as of the date on which 
     the report is submitted, have not been adjudicated; and
       (bb) the number of such nationals, disaggregated by type of 
     specified application described in subparagraphs (A), (B), 
     and (C) of section 5102(b)(3); and
       (II)(aa) the total number of nationals of Afghanistan 
     residing in Afghanistan who meet the requirements for 
     admission to the United States through specified 
     applications; and
       (bb) the number of such nationals, disaggregated by type of 
     specified application described in subparagraphs (A), (B), 
     and (C) of section 5102(b)(3).

       (ii) A description of the steps the Secretary of State has 
     taken and is taking to facilitate the relocation and 
     resettlement of nationals of Afghanistan who--

       (I) supported the United States mission in Afghanistan; and
       (II) remain in Afghanistan or in third countries.

       (iii) An identification of all considerations, including 
     resource constraints, that limit the ability of the Secretary 
     of State to facilitate such relocations and resettlements.
       (iv) A strategy and detailed plan that--

       (I) sets forth the manner in which members of the Task 
     Force will address such considerations in order to facilitate 
     such relocations and resettlements over different periods of 
     time (including 1-year, 5-year, and 10-year periods) and an 
     analysis of the expected number of nationals of Afghanistan 
     who would be relocated or resettled through such strategy; 
     and
       (II) addresses the constraints and opportunities for 
     expanding support for such relocations and resettlements, 
     including--

       (aa) the availability of remote processing for individuals 
     residing in Afghanistan;
       (bb) the availability and capacity of mechanisms for 
     individuals to be relocated from Afghanistan, including air 
     charter or land passage;
       (cc) the availability and capacity of sites in third 
     countries to process applications and conduct any required 
     vetting, including identifying and establishing additional 
     sites;
       (dd) resource, personnel, and equipment requirements to 
     increase the capacity to better support such nationals of 
     Afghanistan and reduce application processing times;
       (ee) the provision of updates and necessary information to 
     affected individuals and relevant nongovernmental 
     organizations; and

[[Page S5469]]

       (ff) any other matter the Task Force considers relevant to 
     the implementation of the strategy.
       (v) Recommendations for how Congress can expand the number 
     of nationals of Afghanistan who can be relocated or resettled 
     over such periods of time by providing additional authorities 
     or resources.
       (C) Form.--The report required by subparagraph (A) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (2) Briefing.--Not later than 60 days after submitting the 
     report required by paragraph (1), the Task Force shall brief 
     the Committee on Appropriations and the Committee on Foreign 
     Relations of the Senate and the Committee on Appropriations 
     and the Committee on Foreign Affairs of the House of 
     Representatives on the contents of such report.
       (e) Termination.--The Task Force shall remain in effect 
     until the earlier of--
       (1) the date on which the strategy required by subsection 
     (d)(1) has been fully implemented; or
       (2) the date that is 10 years after the date of the 
     enactment of this Act.

     SEC. 5106. ADJUSTMENT OF STATUS FOR ELIGIBLE AFGHAN 
                   NATIONALS.

       (a) Definition of Eligible Afghan National.--In this 
     section, the term ``eligible Afghan national'' means--
       (1) an alien--
       (A)(i) who is a citizen or national of Afghanistan; or
       (ii) in the case of an alien having no nationality, whose 
     former or last habitual residence was in Afghanistan; and
       (B)(i) who was inspected and admitted to the United States 
     on or before the date of the enactment of this Act;
       (ii) who was paroled into the United States during the 
     period beginning on July 30, 2021, and ending on the date of 
     the enactment of this Act, provided that such parole has not 
     been terminated by the Secretary of Homeland Security;
       (iii) whose travel to the United States was facilitated by, 
     or coordinated with, the United States Government; or
       (iv) who arrived in the United States after the date of the 
     enactment of this Act, provided that the Secretary of 
     Homeland Security, in cooperation with other Federal agency 
     partners, determines that the alien supported the United 
     States mission in Afghanistan;
       (2) an alien who is the spouse or child (as defined in 
     section 101(b)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1101(b)(1))) of an alien described in paragraph (1); 
     and
       (3) an alien who is the spouse or child (as defined in 
     section 101(b)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1101(b)(1))) of an alien described in paragraph (1) 
     who is deceased.
       (b) Streamlined Adjustment Process for Eligible Afghan 
     Nationals Who Supported the United States Mission in 
     Afghanistan.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary of Homeland Security shall adjust the 
     status of an eligible Afghan national to the status of an 
     alien lawfully admitted for permanent residence if--
       (A) the eligible Afghan national--
       (i) has--

       (I) received Chief of Mission approval as part of their 
     application for special immigrant status;
       (II) received a Priority 1 or Priority 2 referral to the 
     United States Refugee Admissions Program; or
       (III) a pending application for special immigrant status 
     that was submitted on or before July 31, 2018;

       (ii) submits an application for adjustment of status in 
     accordance with procedures established by the Secretary of 
     Homeland Security;
       (iii) subject to paragraph (2), is otherwise admissible to 
     the United States as an immigrant, except that the grounds of 
     inadmissibility under paragraphs (4), (5), and (7)(A) of 
     section 212(a) the Immigration and Nationality Act (8 U.S.C. 
     1182(a)) shall not apply; and
       (iv) has complied with the vetting requirements under 
     subsection (d)(1) to the satisfaction of the Secretary of 
     Homeland Security; and
       (B) the Secretary of Homeland Security determines that the 
     adjustment of status of the eligible Afghan national is not 
     contrary to the national welfare, safety, or security of the 
     United States.
       (2) Applicability of refugee admissibility requirements.--
     The provisions relating to admissibility for a refugee 
     seeking adjustment of status under section 209(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1159(c)) shall 
     apply to an applicant for adjustment of status under this 
     subsection.
       (c) Adjustment Process for Other Eligible Afghan 
     Nationals.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary of Homeland Security shall adjust the 
     status of an eligible Afghan national who does not meet the 
     requirements set forth in subsection (b)(1)(A)(i) to the 
     status of an alien lawfully admitted for permanent residence 
     if--
       (A) the eligible Afghan national--
       (i) has been physically present in the United States for a 
     period not less than 2 years;
       (ii) submits an application for adjustment of status in 
     accordance with procedures established by the Secretary of 
     Homeland Security;
       (iii) subject to paragraph (2), is otherwise admissible to 
     the United States as an immigrant, except that the grounds of 
     inadmissibility under paragraphs (4), (5), and (7)(A) of 
     section 212(a) the Immigration and Nationality Act (8 U.S.C. 
     1182(a)) shall not apply; and
       (iv) has complied with the vetting requirements under 
     paragraphs (1) and (2) of subsection (d) to the satisfaction 
     of the Secretary of Homeland Security; and
       (B) the Secretary of Homeland Security determines that the 
     adjustment of status of the eligible Afghan national is not 
     contrary to the national welfare, safety, or security of the 
     United States.
       (2) Waiver.--
       (A) In general.--With respect to an applicant for 
     adjustment of status under this subsection, subject to 
     subparagraph (B), the Secretary of Homeland Security may 
     waive any applicable ground of inadmissibility under section 
     212(a) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)) (other than paragraphs 2(C) or (3) of such section) 
     for humanitarian purposes, to ensure family unity, or if a 
     waiver is otherwise in the public interest.
       (B) Limitations.--The Secretary of Homeland Security may 
     not waive under this paragraph any applicable ground of 
     inadmissibility under section 212(a)(2) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)(2)) that arises due to 
     criminal conduct that was committed--
       (i) on or after July 30, 2021;
       (ii) within the United States; and
       (iii) by an applicant for adjustment of status under this 
     subsection.
       (C) Rule of construction.--Nothing in this paragraph may be 
     construed to limit any other waiver authority.
       (3) Rule of construction.--Nothing in this subsection may 
     be construed to require the Secretary of Homeland Security to 
     complete the vetting process with respect to an applicant for 
     adjustment of status under this subsection within the 2-year 
     period described in paragraph (1)(A)(i).
       (d) Interview and Vetting Requirements.--
       (1) Vetting requirements for all applicants.--The Secretary 
     of Homeland Security shall establish vetting requirements for 
     applicants seeking adjustment of status under this section 
     that are equivalent to the vetting requirements for refugees 
     admitted to the United States through the United States 
     Refugee Admissions Program, including an interview.
       (2) Additional vetting requirements for other eligible 
     afghan nationals.--The Secretary of Homeland Security, in 
     consultation with the Secretary of Defense, shall maintain 
     records that contain, for each applicant under subsection (c) 
     for the duration of the pendency of their application for 
     adjustment of status--
       (A) personal biographic information, including name and 
     date of birth;
       (B) biometric information;
       (C) any criminal conviction occurring after the date on 
     which the applicant entered the United States; and
       (D) the history of the United States Government vetting to 
     which the applicant has submitted, including whether the 
     individual has undergone in-person vetting.
       (3) Rule of construction.--Nothing in this subsection may 
     be construed to limit the authority of the Secretary of 
     Homeland Security to maintain records under any other law.
       (e) Protection for Battered Spouses.--
       (1) In general.--An alien whose marriage to an eligible 
     Afghan national described in paragraph (1) of subsection (a) 
     has been terminated shall be eligible for adjustment of 
     status under this section as an alien described in paragraph 
     (2) of that subsection for not more than 2 years after the 
     date on which such marriage is terminated if there is a 
     demonstrated connection between the termination of the 
     marriage and battering or extreme cruelty perpetrated by the 
     principal applicant.
       (2) Applicability of other law.--In reviewing an 
     application for adjustment of status under this section with 
     respect to spouses and children who have been battered or 
     subjected to extreme cruelty, the Secretary of Homeland 
     Security shall apply section 204(a)(1)(J) of the Immigration 
     and Nationality Act (8 U.S.C. 1154(a)(1)(J)) and section 384 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1367).
       (f) Date of Approval.--Upon the approval of an application 
     for adjustment of status under this section, the Secretary of 
     Homeland Security shall create a record of the alien's 
     admission as a lawful permanent resident as of the date on 
     which the alien was inspected and admitted or paroled into 
     the United States.
       (g) Prohibition on Further Authorization of Parole.--
       (1) In general.--Except as provided in paragraph (2), an 
     individual who is a national of Afghanistan shall not be 
     authorized for an additional period of parole if such 
     individual--
       (A) is eligible to apply for adjustment of status under 
     this section; and
       (B) fails to submit an application for adjustment of status 
     by the later of--
       (i) the date that is 1 year after the date on which final 
     guidance described in subsection (h)(2) is published; or

[[Page S5470]]

       (ii) the date that is 1 year after the date on which such 
     individual becomes eligible to apply for adjustment of status 
     under this section.
       (2) Exception.--An individual described in paragraph (1)(A) 
     may be authorized for an additional period of parole if such 
     individual--
       (A) within the period described in paragraph (1)(B), seeks 
     an extension to file an application for adjustment of status 
     under this section; or
       (B) has previously submitted to a vetting equivalent of the 
     vetting required under subsection (d).
       (3) Deadline for application.--Except as provided in 
     paragraph (2), a national of Afghanistan who does not submit 
     an application for adjustment of status within the timeline 
     provided in paragraph (1)(B) may not later adjust status 
     under this section.
       (h) Implementation.--
       (1) Interim guidance.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall issue guidance implementing this section.
       (B) Publication.--Notwithstanding section 553 of title 5, 
     United States Code, such guidance--
       (i) may be published on the internet website of the 
     Department of Homeland Security; and
       (ii) shall be effective on an interim basis immediately 
     upon such publication but may be subject to change and 
     revision after notice and an opportunity for public comment.
       (2) Final guidance.--Not later than 1 year after the date 
     of the enactment of this Act, the Secretary of Homeland 
     Security shall finalize guidance implementing this section.
       (i) Administrative Review.--The Secretary of Homeland 
     Security shall provide applicants for adjustment of status 
     under this section with the same right to, and procedures 
     for, administrative review as are provided to applicants for 
     adjustment of status under section 245 of the Immigration and 
     Nationality Act (8 U.S.C. 1255).
       (j) Prohibition on Fees.--The Secretary of Homeland 
     Security may not charge a fee to any eligible Afghan national 
     in connection with--
       (1) an application for adjustment of status or employment 
     authorization under this section; or
       (2) the issuance of a permanent resident card or an 
     employment authorization document.
       (k) Pending Applications.--During the period beginning on 
     the date on which an alien files a bona fide application for 
     adjustment of status under this section and ending on the 
     date on which the Secretary of Homeland Security makes a 
     final administrative decision regarding such application, any 
     alien and any dependent included in such application who 
     remains in compliance with all application requirements may 
     not be--
       (1) removed from the United States unless the Secretary of 
     Homeland Security makes a prima facie determination that the 
     alien is, or has become, ineligible for adjustment of status 
     under this section;
       (2) considered unlawfully present under section 
     212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(9)(B)); or
       (3) considered an unauthorized alien (as defined in section 
     274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 
     1324a(h)(3))).
       (l) VAWA Self Petitioners.--Section 101(a)(51) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(51)) is 
     amended--
       (1) in subparagraph (F), by striking ``or'';
       (2) in subparagraph (G), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(H) subsections (b) and (c) of section 5106 of the Afghan 
     Adjustment Act.''.
       (m) Exemption From Numerical Limitations.--Aliens granted 
     adjustment of status under this section shall not be subject 
     to the numerical limitations under sections 201, 202, and 203 
     of the Immigration and Nationality Act (8 U.S.C. 1151, 1152, 
     and 1153).
       (n) Rule of Construction.--Nothing in this section may be 
     construed to preclude an eligible Afghan national from 
     applying for or receiving any immigration benefit to which 
     the eligible Afghan national is otherwise entitled.

     SEC. 5107. SPECIAL IMMIGRANT STATUS FOR AT-RISK AFGHAN ALLIES 
                   AND RELATIVES OF CERTAIN MEMBERS OF THE ARMED 
                   FORCES.

       (a) At-risk Afghan Allies.--
       (1) In general.--Subject to paragraph (4)(C), the Secretary 
     of Homeland Security may provide an alien described in 
     paragraph (2) (and the spouse, children of the alien if 
     accompanying or following to join the alien) with the status 
     of special immigrant under section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) if the 
     alien--
       (A) or an agent acting on behalf of the alien, submits a 
     petition for classification under section 203(b)(4) of such 
     Act (8 U.S.C. 1153(b)(4));
       (B) is otherwise admissible to the United States and 
     eligible for lawful permanent residence (excluding the 
     grounds of inadmissibility under section 212(a)(4) of such 
     Act (8 U.S.C. 1182(a)(4)));
       (C) clears a background check and appropriate screening, as 
     determined by the Secretary of Homeland Security; and
       (D) the Secretary of Homeland Security determines that the 
     adjustment of status of the alien is not contrary to the 
     national welfare, safety, or security of the United States.
       (2) Alien described.--An alien described in this paragraph 
     is an alien who--
       (A) is a citizen or national of Afghanistan;
       (B) was a member of--
       (i) the Afghanistan National Army Special Operations 
     Command;
       (ii) the Afghan Air Force;
       (iii) the Special Mission Wing of Afghanistan; or
       (iv) the Female Tactical Teams of Afghanistan; and
       (C) provided faithful and valuable service to an entity or 
     organization described in subparagraph (B) for not less than 
     1 year.
       (3) Department of defense assessment.--
       (A) In general.--Not later than 30 days after receiving a 
     request for an assessment from the Secretary of Homeland 
     Security, the Secretary of Defense shall--
       (i) review the service record of the principal applicant;
       (ii) submit an assessment to the Secretary of Homeland 
     Security as to whether--

       (I) the principal applicant meets the requirements under 
     paragraph (2); and
       (II) the adjustment of status of such alien, and the 
     spouse, children, and parents of such alien, if accompanying 
     or following to join the alien, is not contrary to the 
     national welfare, safety, or security of the United States; 
     and

       (iii) submit with such assessment--

       (I) any service record concerned; and
       (II) any biometrics for the principal applicant that have 
     been collected by the Department of Defense.

       (B) Effect of assessment.--A favorable assessment under 
     subparagraph (A)(ii) shall create a presumption that--
       (i) the principal applicant meets the requirements under 
     paragraph (2); and
       (ii) the admission of such alien, and the spouse, children, 
     and parents of the alien, if accompanying or following to 
     join the alien, is not contrary to the national welfare, 
     safety, or security of the United States.
       (C) Efficient processing.--For purposes of a background 
     check and appropriate screening required to be granted 
     special immigrant status under this subsection, the Secretary 
     of Homeland Security, as appropriate, shall use biometric 
     data collected by the Secretary of Defense or the Secretary 
     of State not more than 5 years before the date on which an 
     application for such status is filed.
       (b) Special Immigrant Status for Certain Relatives of 
     Certain Members of the Armed Forces.--Section 101(a)(27) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) is 
     amended--
       (1) in subparagraph (L)(iii), by adding a semicolon at the 
     end;
       (2) in subparagraph (M), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(N) a citizen or national of Afghanistan who is the 
     spouse, child, or unmarried son or daughter of--
       ``(i) a member of the armed forces (as defined in section 
     101(a) of title 10, United States Code); or
       ``(ii) a veteran (as defined in section 101 of title 38, 
     United States Code).''.
       (c) General Provisions.--
       (1) Prohibition on fees.--The Secretary of Homeland 
     Security, the Secretary of Defense, or the Secretary of State 
     may not charge any fee in connection with an application for, 
     or issuance of, a special immigrant visa under this section 
     or an amendment made by this section.
       (2) Representation.--An alien applying for admission to the 
     United States under this section, or an amendment made by 
     this section, may be represented during the application 
     process, including at relevant interviews and examinations, 
     by an attorney or other accredited representative. Such 
     representation shall not be at the expense of the United 
     States Government.
       (3) Exclusion from numerical limitations.--Aliens provided 
     special immigrant visas under this section, or an amendment 
     made by this section, shall not be counted against any 
     numerical limitation under sections 201(d), 202(a), or 
     203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 
     1151(d), 1152(a), and 1153(b)(4)) or section 602 of the 
     Afghan Allies Protection Act of 2009 (Public Law 111-8; 8 
     U.S.C. 1101 note).
       (4) Assistance with passport issuance.--The Secretary of 
     State shall make a reasonable effort to ensure that an alien 
     who is issued a special immigrant visa under this section, or 
     an amendment made by this section, is provided with the 
     appropriate series Afghan passport necessary to enter the 
     United States.
       (5) Protection of aliens.--The Secretary of State, in 
     consultation with the heads of other appropriate Federal 
     agencies, shall make a reasonable effort to provide an alien 
     who is seeking special immigrant status under this section, 
     or an amendment made by this section, protection or to 
     immediately remove such alien from Afghanistan, if possible.
       (6) Other eligibility for immigrant status.--No alien shall 
     be denied the opportunity to apply for admission under this 
     section, or an amendment made by this section, solely because 
     the alien qualifies as an immediate relative or is eligible 
     for any other immigrant classification.
       (7) Resettlement support.--A citizen or national of 
     Afghanistan who is granted special immigrant status described 
     in section 101(a)(27) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(27)) shall be eligible for resettlement 
     assistance, entitlement programs, and other benefits 
     available to refugees admitted under section 207 of such Act

[[Page S5471]]

     (8 U.S.C. 1157) to the same extent, and for the same periods 
     of time, as such refugees.
       (8) Adjustment of status.--Notwithstanding paragraph (2), 
     (7), or (8) of subsection (c) of section 245 of the 
     Immigration and Nationality Act (8 U.S.C. 1255), the 
     Secretary of Homeland Security may adjust the status of an 
     alien described in subparagraph (N) of section 101(a)(27) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) or 
     subsection (a)(2) of this section to that of an alien 
     lawfully admitted for permanent residence under subsection 
     (a) of such section 245 if the alien--
       (A) was paroled or admitted as a nonimmigrant into the 
     United States; and
       (B) is otherwise eligible for special immigrant status 
     under--
       (i) this section; or
       (ii) the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.).
       (9) Appeals.--
       (A) Administrative review.--Not later than 30 days after 
     the date of the enactment of this Act, the Secretary of 
     Homeland Security shall provide to aliens who have applied 
     for special immigrant status under this section a process by 
     which an applicant may seek administrative appellate review 
     of a denial of an applicant for special immigrant status or a 
     revocation of such status.
       (B) Judicial review.--Except as provided in subparagraph 
     (C), and notwithstanding any other provision of law, an alien 
     may seek judicial review of a denial of an application for 
     special immigrant status or a revocation of such status under 
     this title, in an appropriate United States district court.
       (C) Stay of removal.--
       (i) In general.--Except as provided in clause (ii), an 
     alien seeking administrative or judicial review under this 
     title may not be removed from the United States until a final 
     decision is rendered establishing that the alien is 
     ineligible for special immigrant status under this section.
       (ii) Exception.--The Secretary may remove an alien 
     described in clause (i) pending judicial review if such 
     removal is based on national security concerns. Such removal 
     shall not affect the alien's right to judicial review under 
     this title. The Secretary shall promptly return a removed 
     alien if a decision to deny an application for special 
     immigrant status under this title, or to revoke such status, 
     is reversed.

     SEC. 5108. SEVERABILITY.

       If any provision of this title, or the application of such 
     provision to any person or circumstance, is held to be 
     unconstitutional, the remainder of this title, and the 
     application of the remaining provisions of this title, to any 
     person or circumstance, shall not be affected.
                                 ______
                                 
  SA 5962. Mr. MENENDEZ (for himself, Mr. Booker, Mr. Blumenthal, Mr. 
Coons, Mr. Brown, Mr. Durbin, Ms. Hassan, Mrs. Feinstein, Mr. Casey, 
and Mr. Kaine) submitted an amendment intended to be proposed by him to 
the bill H.R. 7900, to authorize appropriations for fiscal year 2023 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

               TITLE _____--JUDICIAL SECURITY AND PRIVACY

     SEC. __01. SHORT TITLE.

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

     SEC. __02. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) Members of the Federal judiciary perform the important 
     function of interpreting the Constitution of the United 
     States and administering justice in a fair and impartial 
     manner.
       (2) In recent years, partially as a result of the rise in 
     the use of social media and online access to information, 
     members of the Federal judiciary have been exposed to an 
     increased number of personal threats in connection to their 
     role. The ease of access to free or inexpensive sources of 
     covered information has considerably lowered the effort 
     required for malicious actors to discover where individuals 
     live and where they spend leisure hours and to find 
     information about their family members. Such threats have 
     included calling a judge a traitor with references to mass 
     shootings and serial killings, a murder attempt on a justice 
     of the Supreme Court of the United States, calling for an 
     ``angry mob'' to gather outside a home of a judge and, in 
     reference to a judge on the court of appeals of the United 
     States, stating how easy it would be to ``get them''.
       (3) Between 2015 and 2019, threats and other inappropriate 
     communications against Federal judges and other judiciary 
     personnel increased from 926 in 2015 to approximately 4,449 
     in 2019.
       (4) Over the past decade, several members of the Federal 
     judiciary have experienced acts of violence against 
     themselves or a family member in connection to their Federal 
     judiciary role, including the murder in 2005 of the family of 
     Joan Lefkow, a judge for the United States District Court for 
     the Northern District of Illinois.
       (5) On Sunday July 19, 2020, an assailant went to the home 
     of Esther Salas, a judge for the United States District Court 
     for the District of New Jersey, impersonating a package 
     delivery driver, opening fire upon arrival, and killing 
     Daniel Anderl, the 20-year-old only son of Judge Salas, and 
     seriously wounding Mark Anderl, her husband.
       (6) In the aftermath of the recent tragedy that occurred to 
     Judge Salas and in response to the continuous rise of threats 
     against members of the Federal judiciary, there is an 
     immediate need for enhanced security procedures and increased 
     availability of tools to protect Federal judges and their 
     families.
       (b) Purpose.--The purpose of this title is to improve the 
     safety and security of Federal judges, including senior, 
     recalled, or retired Federal judges, and their immediate 
     family members to ensure Federal judges are able to 
     administer justice fairly without fear of personal reprisal 
     from individuals affected by the decisions they make in the 
     course of carrying out their public duties.

     SEC. __03. DEFINITIONS.

       In this title:
       (1) At-risk individual.--The term ``at-risk individual'' 
     means--
       (A) a Federal judge;
       (B) a senior, recalled, or retired Federal judge;
       (C) any individual who is the spouse, parent, sibling, or 
     child of an individual described in subparagraph (A) or (B);
       (D) any individual to whom an individual described in 
     subparagraph (A) or (B) stands in loco parentis; or
       (E) any other individual living in the household of an 
     individual described in subparagraph (A) or (B).
       (2) Covered information.--The term ``covered 
     information''--
       (A) means--
       (i) a home address, including primary residence or 
     secondary residences;
       (ii) a home or personal mobile telephone number;
       (iii) a personal email address;
       (iv) a social security number or driver's license number;
       (v) a bank account or credit or debit card information;
       (vi) a license plate number or other unique identifiers of 
     a vehicle owned, leased, or regularly used by an at-risk 
     individual;
       (vii) the identification of children of an at-risk 
     individual under the age of 18;
       (viii) the full date of birth;
       (ix) information regarding current or future school or day 
     care attendance, including the name or address of the school 
     or day care, schedules of attendance, or routes taken to or 
     from the school or day care by an at-risk individual; or
       (x) information regarding the employment location of an at-
     risk individual, including the name or address of the 
     employer, employment schedules, or routes taken to or from 
     the employer by an at-risk individual; and
       (B) does not include information regarding employment with 
     a Government agency.
       (3) Data broker.--
       (A) In general.--The term ``data broker'' means a 
     commercial entity engaged in collecting, assembling, or 
     maintaining personal information concerning an individual who 
     is not a customer, client, or an employee of that entity in 
     order to sell the information or otherwise profit from 
     providing third-party access to the information.
       (B) Exclusion.--The term ``data broker'' does not include a 
     commercial entity engaged in the following activities:
       (i) Engaging in reporting, news-gathering, speaking, or 
     other activities intended to inform the public on matters of 
     public interest or public concern.
       (ii) Providing 411 directory assistance or directory 
     information services, including name, address, and telephone 
     number, on behalf of or as a function of a telecommunications 
     carrier.
       (iii) Using personal information internally, providing 
     access to businesses under common ownership or affiliated by 
     corporate control, or selling or providing data for a 
     transaction or service requested by or concerning the 
     individual whose personal information is being transferred.
       (iv) Providing publicly available information via real-time 
     or near-real-time alert services for health or safety 
     purposes.
       (v) A consumer reporting agency subject to the Fair Credit 
     Reporting Act (15 U.S.C. 1681 et seq.).
       (vi) A financial institution to subject to the Gramm-Leach-
     Bliley Act (Public Law 106-102) and regulations implementing 
     that title.
       (vii) A covered entity for purposes of the privacy 
     regulations promulgated under section 264(c) of the Health 
     Insurance Portability and Accountability Act of 1996 (42 
     U.S.C. 1320d-2 note).
       (viii) The collection and sale or licensing of covered 
     information incidental to conducting the activities described 
     in clauses (i) through (vii).
       (4) Federal judge.--The term ``Federal judge'' means--
       (A) a justice of the United States or a judge of the United 
     States, as those terms are defined in section 451 of title 
     28, United States Code;
       (B) a bankruptcy judge appointed under section 152 of title 
     28, United States Code;

[[Page S5472]]

       (C) a United States magistrate judge appointed under 
     section 631 of title 28, United States Code;
       (D) a judge confirmed by the United States Senate and 
     empowered by statute in any commonwealth, territory, or 
     possession to perform the duties of a Federal judge;
       (E) a judge of the United States Court of Federal Claims 
     appointed under section 171 of title 28, United States Code;
       (F) a judge of the United States Court of Appeals for 
     Veterans Claims appointed under section 7253 of title 38, 
     United States Code;
       (G) a judge of the United States Court of Appeals for the 
     Armed Forces appointed under section 942 of title 10, United 
     States Code;
       (H) a judge of the United States Tax Court appointed under 
     section 7443 of the Internal Revenue Code of 1986; and
       (I) a special trial judge of the United States Tax Court 
     appointed under section 7443A of the Internal Revenue Code of 
     1986.
       (5) Government agency.--The term ``Government agency'' 
     includes--
       (A) an Executive agency, as defined in section 105 of title 
     5, United States Code; and
       (B) any agency in the judicial branch or legislative 
     branch.
       (6) Immediate family member.--The term ``immediate family 
     member'' means--
       (A) any individual who is the spouse, parent, sibling, or 
     child of an at-risk individual;
       (B) any individual to whom an at-risk individual stands in 
     loco parentis; or
       (C) any other individual living in the household of an at-
     risk individual.
       (7) Transfer.--The term ``transfer'' means to sell, 
     license, trade, or exchange for consideration the covered 
     information of an at-risk individual or immediate family 
     member.

     SEC. __04. PROTECTING COVERED INFORMATION IN PUBLIC RECORDS.

       (a) Government Agencies.--
       (1) In general.--Each at-risk individual may--
       (A) file written notice of the status of the individual as 
     an at-risk individual, for themselves and immediate family 
     members, with each Government agency that includes 
     information necessary to ensure compliance with this section, 
     as determined by the Administrative Office of the United 
     States Courts; and
       (B) request that each Government agency described in 
     subparagraph (A) mark as private their covered information 
     and that of their immediate family members.
       (2) No public posting.--Government agencies shall not 
     publicly post or display publicly available content that 
     includes covered information of an at-risk individual or 
     immediate family member. Government agencies, upon receipt of 
     a written request under paragraph (1)(A), shall remove the 
     covered information of the at-risk individual or immediate 
     family member from publicly available content not later than 
     72 hours after such receipt.
       (3) Exceptions.--Nothing in this section shall prohibit a 
     Government agency from providing access to records containing 
     the covered information of a Federal judge to a third party 
     if the third party--
       (A) possesses a signed release from the Federal judge or a 
     court order;
       (B) is subject to the requirements of title V of the Gramm-
     Leach-Bliley Act (15 U.S.C. 6801 et seq.); or
       (C) executes a confidentiality agreement with the 
     Government agency.
       (b) Delegation of Authority.--
       (1) In general.--An at-risk individual may directly, or 
     through an agent designated by the at-risk individual, make 
     any notice or request required or authorized by this section 
     on behalf of the at-risk individual. The notice or request 
     shall include information necessary to ensure compliance with 
     this section.
       (2) Authorization of government agencies to make 
     requests.--
       (A) Administrative office of the united states courts.--
     Upon written request of an at-risk individual, the Director 
     of the Administrative Office of the United States Courts is 
     authorized to make any notice or request required or 
     authorized by this section on behalf of the at-risk 
     individual. The notice or request shall include information 
     necessary to ensure compliance with this section, as 
     determined by the Administrative Office of the United States 
     Courts. The Director may delegate this authority under 
     section 602(d) of title 28, United States Code. Any notice or 
     request made under this subsection shall be deemed to have 
     been made by the at-risk individual and comply with the 
     notice and request requirements of this section.
       (B) United states court of appeals for veterans claims.--
     Upon written request of an at-risk individual described in 
     section __03(4)(F), the chief judge of the United States 
     Court of Appeals for Veterans Claims is authorized to make 
     any notice or request required or authorized by this section 
     on behalf of the at-risk individual. Any notice or request 
     made under this subsection shall be deemed to have been made 
     by the at-risk individual and comply with the notice and 
     request requirements of this section.
       (C) United states court of appeals for the armed forces.--
     Upon written request of an at-risk individual described in 
     section __03(4)(G), the chief judge of the United States 
     Court of Appeals for the Armed Forces is authorized to make 
     any notice or request required or authorized by this section 
     on behalf of the at-risk individual. Any notice or request 
     made under this subsection shall be deemed to have been made 
     by the at-risk individual and comply with the notice and 
     request requirements of this section.
       (D) United states tax court.--Upon written request of an 
     at-risk individual described in subparagraph (H) or (I) of 
     section __03(4), the chief judge of the United States Tax 
     Court is authorized to make any notice or request required or 
     authorized by this section on behalf of the at-risk 
     individual. Any notice or request made under this subsection 
     shall be deemed to have been made by the at-risk individual 
     and comply with the notice and request requirements of this 
     section.
       (c) State and Local Governments.--
       (1) Grant program to prevent disclosure of personal 
     information of at-risk individuals or immediate family 
     members.--
       (A) Authorization.--The Attorney General may make grants to 
     prevent the release of covered information of at-risk 
     individuals and immediate family members (in this subsection 
     referred to as ``judges' covered information'') to the 
     detriment of such individuals or their immediate family 
     members to an entity that--
       (i) is--

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

       (ii) operates a State or local database or registry that 
     contains covered information.
       (B) Application.--An entity seeking a grant under this 
     subsection shall submit to the Attorney General an 
     application at such time, in such manner, and containing such 
     information as the Attorney General may reasonably require.
       (2) Scope of grants.--Grants made under this subsection may 
     be used to create or expand programs designed to protect 
     judges' covered information, including through--
       (A) the creation of programs to redact or remove judges' 
     covered information, upon the request of an at-risk 
     individual, from public records in State agencies, including 
     hiring a third party to redact or remove judges' covered 
     information from public records;
       (B) the expansion of existing programs that the State may 
     have enacted in an effort to protect judges' covered 
     information;
       (C) the development or improvement of protocols, 
     procedures, and policies to prevent the release of judges' 
     covered information;
       (D) the defrayment of costs of modifying or improving 
     existing databases and registries to ensure that judges' 
     covered information is covered from release; and
       (E) the development of confidential opt out systems that 
     will enable at-risk individuals to make a single request to 
     keep judges' covered information out of multiple databases or 
     registries.
       (3) Report.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, and biennially thereafter, the 
     Comptroller General of the United States, shall submit to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives an annual 
     report that includes--
       (i) a detailed amount spent by States and local governments 
     on protecting judges' covered information;
       (ii) where the judges' covered information was found; and
       (iii) the collection of any new types of personal data 
     found to be used to identify judges who have received 
     threats, including prior home addresses, employers, and 
     institutional affiliations such as nonprofit boards.
       (B) States and local governments.--States and local 
     governments that receive funds under this subsection shall 
     submit to the Comptroller General of the United States a 
     report on data described in clauses (i) and (ii) of 
     subparagraph (A) to be included in the report required under 
     that subparagraph.
       (d) Data Brokers and Other Businesses.--
       (1) Prohibitions.--
       (A) Data brokers.--It shall be unlawful for a data broker 
     to knowingly sell, license, trade for consideration, or 
     purchase covered information of an at-risk individual or 
     immediate family members.
       (B) Other businesses.--
       (i) In general.--Except as provided in clause (ii), no 
     person, business, or association shall publicly post or 
     publicly display on the internet covered information of an 
     at-risk individual or immediate family member if the at-risk 
     individual has made a written request to that person, 
     business, or association not to disclose the covered 
     information of the at-risk individual or immediate family 
     member.
       (ii) Exceptions.--Clause (i) shall not apply to--

       (I) the display on the internet of the covered information 
     of an at-risk individual or immediate family member if the 
     information is relevant to and displayed as part of a news 
     story, commentary, editorial, or other speech on a matter of 
     public concern;
       (II) covered information that the at-risk individual 
     voluntarily publishes on the internet after the date of 
     enactment of this Act; or
       (III) covered information received from a Federal 
     Government source (or from an employee or agent of the 
     Federal Government).

       (2) Required conduct.--
       (A) In general.--After receiving a written request under 
     paragraph (1)(B), the person, business, or association 
     shall--

[[Page S5473]]

       (i) remove within 72 hours the covered information from the 
     internet and ensure that the information is not made 
     available on any website or subsidiary website controlled by 
     that person, business, or association; and
       (ii) ensure that the covered information of the at-risk 
     individual or immediate family member is not made available 
     on any website or subsidiary website controlled by that 
     person, business, or association.
       (B) Transfer.--
       (i) In general.--Except as provided in clause (ii), after 
     receiving a written request under paragraph (1)(B), the 
     person, business, or association shall not transfer the 
     covered information of the at-risk individual or immediate 
     family member to any other person, business, or association 
     through any medium.
       (ii) Exceptions.--Clause (i) shall not apply to--

       (I) the transfer of the covered information of the at-risk 
     individual or immediate family member if the information is 
     relevant to and displayed as part of a news story, 
     commentary, editorial, or other speech on a matter of public 
     concern;
       (II) covered information that the at-risk individual or 
     immediate family member voluntarily publishes on the internet 
     after the date of enactment of this Act; or
       (III) a transfer made at the request of the at-risk 
     individual or that is necessary to effectuate a request to 
     the person, business, or association from the at-risk 
     individual.

       (e) Civil Action.-- An at-risk individual or their 
     immediate family member whose covered information is made 
     public as a result of a violation of this section may bring 
     an action seeking injunctive or declaratory relief in any 
     court of competent jurisdiction.

     SEC. __05. TRAINING AND EDUCATION.

       Amounts appropriated to the Federal judiciary for fiscal 
     year 2022, and each fiscal year thereafter, may be used for 
     biannual judicial security training for active, senior, or 
     recalled Federal judges described in subparagraph (A), (B), 
     (C), (D), or (E) of section __03(4) and their immediate 
     family members, including--
       (1) best practices for using social media and other forms 
     of online engagement and for maintaining online privacy;
       (2) home security program and maintenance;
       (3) understanding removal programs and requirements for 
     covered information; and
       (4) any other judicial security training that the United 
     States Marshals Services and the Administrative Office of the 
     United States Courts determines is relevant.

     SEC. __06. VULNERABILITY MANAGEMENT CAPABILITY.

       (a) Authorization.--
       (1) Vulnerability management capability.--The Federal 
     judiciary is authorized to perform all necessary functions 
     consistent with the provisions of this title and to support 
     existing threat management capabilities within the United 
     States Marshals Service and other relevant Federal law 
     enforcement and security agencies for Federal judges 
     described in subparagraphs (A), (B), (C), (D), and (E) of 
     section __03(4), including--
       (A) monitoring the protection of at-risk individuals and 
     judiciary assets;
       (B) managing the monitoring of websites for covered 
     information of at-risk individuals and immediate family 
     members and remove or limit the publication of such 
     information;
       (C) receiving, reviewing, and analyzing complaints by at-
     risk individuals of threats, whether direct or indirect, and 
     report such threats to law enforcement partners; and
       (D) providing training described in section __05.
       (2) Vulnerability management for certain article i 
     courts.--The functions and support authorized in paragraph 
     (1) shall be authorized as follows:
       (A) The chief judge of the United States Court of Appeals 
     for Veterans Claims is authorized to perform such functions 
     and support for the Federal judges described in section 
     __03(4)(F).
       (B) The United States Court of Appeals for the Armed Forces 
     is authorized to perform such functions and support for the 
     Federal judges described in section __03(4)(G).
       (C) The United States Tax Court is authorized to perform 
     such functions and support for the Federal judges described 
     in subparagraphs (H) and (I) of section __03(4).
       (3) Technical and conforming amendment.--Section 604(a) of 
     title 28, United States Code is amended--
       (A) in paragraph (23), by striking ``and'' at the end;
       (B) by redesignating paragraph (24) as paragraph (25); and
       (C) by inserting after paragraph (23) the following:
       ``(24) Establish and administer a vulnerability management 
     program in the judicial branch; and''.
       (b) Expansion of Capabilities of Office of Protective 
     Intelligence.--
       (1) In general.--The United States Marshals Service is 
     authorized to expand the current capabilities of the Office 
     of Protective Intelligence of the Judicial Security Division 
     to increase the workforce of the Office of Protective 
     Intelligence to include additional intelligence analysts, 
     United States deputy marshals, and any other relevant 
     personnel to ensure that the Office of Protective 
     Intelligence is ready and able to perform all necessary 
     functions, consistent with the provisions of this title, in 
     order to anticipate and deter threats to the Federal 
     judiciary, including--
       (A) assigning personnel to State and major urban area 
     fusion and intelligence centers for the specific purpose of 
     identifying potential threats against the Federal judiciary 
     and coordinating responses to such potential threats;
       (B) expanding the use of investigative analysts, physical 
     security specialists, and intelligence analysts at the 94 
     judicial districts and territories to enhance the management 
     of local and distant threats and investigations; and
       (C) increasing the number of United States Marshal Service 
     personnel for the protection of the Federal judicial function 
     and assigned to protective operations and details for the 
     Federal judiciary.
       (2) Information sharing.--If any of the activities of the 
     United States Marshals Service uncover information related to 
     threats to individuals other than Federal judges, the United 
     States Marshals Service shall, to the maximum extent 
     practicable, share such information with the appropriate 
     Federal, State, and local law enforcement agencies.
       (c) Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Department of Justice, in 
     consultation with the Administrative Office of the United 
     States Courts, the United States Court of Appeals for 
     Veterans Claims, the United States Court of Appeals for the 
     Armed Forces, and the United States Tax Court, shall submit 
     to the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives a 
     report on the security of Federal judges arising from Federal 
     prosecutions and civil litigation.
       (2) Description.--The report required under paragraph (1) 
     shall describe--
       (A) the number and nature of threats and assaults against 
     at-risk individuals handling prosecutions and other matters 
     described in paragraph (1) and the reporting requirements and 
     methods;
       (B) the security measures that are in place to protect at-
     risk individuals handling prosecutions described in paragraph 
     (1), including threat assessments, response procedures, the 
     availability of security systems and other devices, firearms 
     licensing such as deputations, and other measures designed to 
     protect the at-risk individuals and their immediate family 
     members; and
       (C) for each requirement, measure, or policy described in 
     subparagraphs (A) and (B), when the requirement, measure, or 
     policy was developed and who was responsible for developing 
     and implementing the requirement, measure, or policy.
       (3) Public posting.--The report described in paragraph (1) 
     shall, in whole or in part, be exempt from public disclosure 
     if the Attorney General determines that such public 
     disclosure could endanger an at-risk individual.

     SEC. __07. RULES OF CONSTRUCTION.

       (a) In General.--Nothing in this title shall be construed--
       (1) to prohibit, restrain, or limit--
       (A) the lawful investigation or reporting by the press of 
     any unlawful activity or misconduct alleged to have been 
     committed by an at-risk individual or their immediate family 
     member; or
       (B) the reporting on an at-risk individual or their 
     immediate family member regarding matters of public concern;
       (2) to impair access to decisions and opinions from a 
     Federal judge in the course of carrying out their public 
     functions;
       (3) to limit the publication or transfer of covered 
     information with the written consent of the at-risk 
     individual or their immediate family member; or
       (4) to prohibit information sharing by a data broker to a 
     Federal, State, Tribal, or local government, or any unit 
     thereof.
       (b) Protection of Covered Information.--This title shall be 
     broadly construed to favor the protection of the covered 
     information of at-risk individuals and their immediate family 
     members.

     SEC. __08. SEVERABILITY.

       If any provision of this title, an amendment made by this 
     title, or the application of such provision or amendment to 
     any person or circumstance is held to be unconstitutional, 
     the remainder of this title and the amendments made by this 
     title, and the application of the remaining provisions of 
     this title and amendments to any person or circumstance shall 
     not be affected.

     SEC. __09. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), this 
     title shall take effect on the date of enactment of this Act.
       (b) Exception.--Subsections (c)(1), (d), and (e) of section 
     __04 shall take effect on the date that is 120 days after the 
     date of enactment of this Act.
                                 ______
                                 
  SA 5963. Mr. MENENDEZ (for himself and Mr. Cramer) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:


[[Page S5474]]


  

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

     SEC. 1077. EXPANSION OF ELIGIBILITY FOR HOSPITAL CARE, 
                   MEDICAL SERVICES, AND NURSING HOME CARE FROM 
                   THE DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE 
                   VETERANS OF WORLD WAR II.

       Section 1710(a)(2)(E) of title 38, United States Code, is 
     amended by striking ``of the Mexican border period or of 
     World War I;'' and inserting ``of--
       ``(i) the Mexican border period;
       ``(ii) World War I; or
       ``(iii) World War II;''.
                                 ______
                                 
  SA 5964. Mr. MENENDEZ (for himself and Mr. Graham) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1077. SLAUGHTER OF HORSES FOR HUMAN CONSUMPTION.

       (a) In General.--Chapter 3 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 50. Slaughter of horses for human consumption

       ``(a) Offense.--It shall be unlawful to knowingly--
       ``(1) possess, ship, transport, purchase, sell, deliver, or 
     receive, in or affecting interstate or foreign commerce, any 
     horse with the intent that it is to be slaughtered for human 
     consumption; or
       ``(2) possess, ship, transport, purchase, sell, deliver, or 
     receive, in or affecting interstate or foreign commerce, any 
     horse flesh or carcass or part of a carcass, with the intent 
     that it is to be used for human consumption.
       ``(b) Penalty.--Any person who violates subsection (a)--
       ``(1) shall be fined under this title, imprisoned not more 
     than 2 years, or both; or
       ``(2) in the case of a covered offense, shall be fined 
     under this title, imprisoned not more than 1 year, or both.
       ``(c) Definitions.--In this section--
       ``(1) the term `covered offense' means a violation of 
     subsection (a) in which--
       ``(A) the defendant has no prior conviction under this 
     section; and
       ``(B) the conduct involves fewer than 5 horses or fewer 
     than 2,000 pounds of horse flesh or carcass or part of a 
     carcass; and
       ``(2) the term `horse' means any member of the family 
     Equidae.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     3 of title 18, United States Code, is amended by adding at 
     the end the following:

``50. Slaughter of horses for human consumption.''.
                                 ______
                                 
  SA 5965. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. ___. ADDITIONAL AMOUNT FOR TECHNOLOGY MATURATION 
                   INITIATIVES.

       The amount authorized to be appropriated for fiscal year 
     2023 by section 201 for research, development, test, and 
     evaluation is hereby increased by $70,000,000, with the 
     amount of the increase to be available for Technology 
     Maturation Initiatives (PE 0604115A) for the Strategic Long 
     Range Canon.
                                 ______
                                 
  SA 5966. Mr. MENENDEZ (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1077. ESTABLISHMENT OF INSPECTOR GENERAL OF THE OFFICE 
                   OF THE UNITED STATES TRADE REPRESENTATIVE.

       (a) Definitions.--Section 12 of the Inspector General Act 
     of 1978 (5 U.S.C. App.) is amended--
       (1) in paragraph (1), by striking ``or the Director of the 
     National Reconnaissance Office;'' and inserting ``the 
     Director of the National Reconnaissance Office; or the United 
     States Trade Representative;'' and
       (2) in paragraph (2), by striking ``or the National 
     Reconnaissance Office,'' and inserting ``the National 
     Reconnaissance Office, or the Office of the United States 
     Trade Representative,''.
       (b) Appointment of Inspector General.--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 for the United States Trade 
     Representative in accordance with section 3(a) of the 
     Inspector General Act of 1978 (5 U.S.C. App.).
                                 ______
                                 
  SA 5967. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:
        At the end of subtitle E of title V, add the following:

     SEC. 564. INCREASED NUMBER OF CERTAIN NOMINATIONS FOR CADETS 
                   AT THE UNITED STATES MILITARY ACADEMY.

       Section 7442 of title 10, United States Code, is amended--
       (1) in subsection (a), in the matter following paragraph 
     (10), by striking ``10'' and inserting ``15''; and
       (2) in subsection (b)(5), by striking ``150'' and inserting 
     ``200''.
                                 ______
                                 
  SA 5968. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:
        At the appropriate place, insert the following:

     SEC. __. SUBMISSION OF DATA RELATING TO DIVERSITY BY ISSUERS 
                   AND DIVERSITY ADVISORY GROUP.

       (a) 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) Data, based on voluntary self-identification, on the 
     racial, ethnic, and gender composition of--
       ``(i) the board of directors of the issuer;
       ``(ii) nominees for the board of directors of the issuer; 
     and
       ``(iii) the executive officers of the issuer.
       ``(B) The status of any member of the board of directors of 
     the issuer, any nominee for the board of directors of the 
     issuer, or any executive officer of the issuer, based on 
     voluntary self-identification, as a veteran.
       ``(C) Whether the board of directors of the issuer, or any 
     committee of that board of directors, has, as of the date on 
     which the issuer makes a disclosure under this paragraph, 
     adopted any policy, plan, or strategy to promote racial, 
     ethnic, and gender diversity among--
       ``(i) the board of directors of the issuer;
       ``(ii) nominees for the board of directors of the issuer; 
     or
       ``(iii) the executive officers of the issuer.
       ``(3) Alternative submission.--In any 1-year period in 
     which an issuer required to file an annual report under 
     subsection (a) does not file with the Commission a proxy 
     statement or an information statement relating to the 
     election of directors, the issuer shall disclose the 
     information required under paragraph (2) in the first annual 
     report of issuer that the issuer submits to the Commission 
     after the end of that 1-year period.
       ``(4) Annual report.--Not later than 18 months after the 
     date of enactment of this subsection, and annually 
     thereafter, the Commission shall submit to the Committee on 
     Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives,

[[Page S5475]]

     and publish on the website of the Commission, a report that 
     analyzes the information disclosed under paragraphs (2) and 
     (3) and identifies any trends with respect to such 
     information.
       ``(5) Best practices.--
       ``(A) In general.--The Director of the Office of Minority 
     and Women Inclusion of the Commission shall, not later than 3 
     years after the date of enactment of this subsection, and 
     every 3 years thereafter, publish best practices for 
     compliance with this subsection.
       ``(B) Comments.--The Director of the Office of Minority and 
     Women Inclusion of the Commission may, pursuant to subchapter 
     II of chapter 5 of title 5, United States Code, solicit 
     public comments related to the best practices published under 
     subparagraph (A).''.
       (b) Diversity Advisory Group.--
       (1) Definitions.--In this section:
       (A) Advisory group.--The term ``Advisory Group'' means the 
     Diversity Advisory Group established under paragraph (2).
       (B) Commission.--The term ``Commission'' means the 
     Securities and Exchange Commission.
       (C) Issuer.--The term ``issuer'' has the meaning given the 
     term in section 3(a) of the Securities Exchange Act of 1934 
     (15 U.S.C. 78c(a)).
       (2) Establishment.--The Commission shall establish a 
     Diversity Advisory Group, which shall be composed of 
     representatives from--
       (A) the Federal Government and State and local governments;
       (B) academia; and
       (C) the private sector.
       (3) Study and recommendations.--The Advisory Group shall--
       (A) carry out a study that identifies strategies that can 
     be used to increase gender, racial, and ethnic diversity 
     among members of boards of directors of issuers; and
       (B) not later than 270 days after the date on which the 
     Advisory Group is established, submit to the Commission, the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate, and the Committee on Financial Services of the House 
     of Representatives a report that--
       (i) describes any findings from the study conducted under 
     subparagraph (A); and
       (ii) makes recommendations regarding strategies that 
     issuers could use to increase gender, racial, and ethnic 
     diversity among board members.
       (4) Annual report.--Not later than 1 year after the date on 
     which the Advisory Group submits the report required under 
     paragraph (3)(B) and annually thereafter, the Commission 
     shall submit to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Committee on Financial Services 
     of the House of Representatives a report that describes the 
     status of gender, racial, and ethnic diversity among members 
     of the boards of directors of issuers.
       (5) Public availability of reports.--The Commission shall 
     make all reports of the Advisory Group available to issuers 
     and the public, including on the website of the Commission.
       (6) Inapplicability of federal advisory committee act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply with respect to the Advisory Group or the activities of 
     the Advisory Group.
                                 ______
                                 
  SA 5969. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

            TITLE _____--VIEQUES RECOVERY AND REDEVELOPMENT

     SEC. ___01. SHORT TITLE.

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

     SEC. ___02. FINDINGS.

       The Congress finds the following:
       (1) Vieques is an island municipality of Puerto Rico, 
     measuring approximately 21 miles long by 4 miles wide, and 
     located approximately 8 miles east of the main island of 
     Puerto Rico.
       (2) Prior to Hurricane Maria, residents of Vieques were 
     served by an urgent medical care facility, the Susana Centeno 
     Family Health Center, and residents had to travel off-island 
     to obtain medical services, including most types of emergency 
     care because the facility did not have the basic use of x-ray 
     machines, CT machines, EKG machines, ultrasounds, or PET 
     scans.
       (3) The predominant means of transporting passengers and 
     goods between Vieques and the main island of Puerto Rico is 
     by ferry boat service, and over the years, the efficiency of 
     this service has frequently been disrupted, unreliable, and 
     difficult for cancer patients to endure to receive treatment. 
     Each trip to Ceiba, Puerto Rico, for the cancer patient is an 
     additional out-of-pocket expense ranging from $120 to $200.
       (4) The United States Military maintained a presence on the 
     eastern and western portions of Vieques for close to 60 
     years, and used parts of the island as a training range 
     during those years, dropping over 80 million tons of ordnance 
     and other weaponry available to the United States military 
     since World War II.
       (5) The unintended, unknown, and unavoidable consequences 
     of these exercises were to expose Americans living on the 
     islands to the residue of that weaponry which includes heavy 
     metals and many other chemicals now known to harm human 
     health.
       (6) According to Government and independent documentation, 
     the island of Vieques has high levels of heavy metals and has 
     been exposed to chemical weapons and toxic chemicals. Since 
     the military activity in Vieques, island residents have 
     suffered from the health impacts from long-term exposure to 
     environmental contamination as a result of 62 years of 
     military operations, and have experienced higher rates of 
     certain diseases among residents, including cancer, 
     cirrhosis, hypertension, diabetes, heavy metal diseases, 
     along with many unnamed and uncategorized illnesses. These 
     toxic residues have caused the American residents of Vieques 
     to develop illnesses due to ongoing exposure.
       (7) In 2017, Vieques was hit by Hurricane Maria, an 
     unusually destructive storm that devastated Puerto Rico and 
     intensified the existing humanitarian crisis on the island by 
     destroying existing medical facilities.
       (8) The medical systems in place prior to Hurricane Maria 
     were unable to properly handle the health crisis that existed 
     due to the toxic residue left on the island by the military's 
     activities.
       (9) After Maria, the medical facility was closed due to 
     damage and continues to be unable to perform even the few 
     basic services that it did provide. Vieques needs a medical 
     facility that can treat and address the critical and urgent 
     need to get life-saving medical services to its residents. 
     Due to legal restrictions, the Federal Emergency Management 
     Agency (in this title referred to as ``FEMA'') is unable to 
     provide a hospital where its capabilities exceed the 
     abilities of the facility that existed prior to Maria; 
     therefore Vieques needs assistance to build a facility to 
     manage the vast health needs of its residents.
       (10) Every American has benefitted from the sacrifices of 
     those Americans who have lived and are living on Vieques and 
     it is our intent to acknowledge that sacrifice and to treat 
     those Americans with the same respect and appreciation that 
     other Americans enjoy.
       (11) In 2012, the residents of Vieques were denied the 
     ability to address their needs in Court due to sovereign 
     immunity, Sanchez v. United States, No. 3:09-cv-01260-DRD 
     (D.P.R.). However, the United States Court of Appeals for the 
     First Circuit referred the issue to Congress and urged it to 
     address the humanitarian crisis. This bill attempts to 
     satisfy that request such that Americans living on Vieques 
     have a remedy for the suffering they have endured.

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

       (a) In General.--An individual claimant who has resided on 
     the island of Vieques, Puerto Rico, for not less than 5 years 
     and files a claim for compensation under this section with 
     the Special Master, appointed pursuant to subsection (c), 
     shall be awarded monetary compensation as described in 
     subsection (b) if--
       (1) the Special Master determines that the claimant is or 
     was a resident, the child of a resident, or an immediate heir 
     (as determined by the laws of Puerto Rico) of a deceased 
     claimant on the island of Vieques, Puerto Rico, during or 
     after the United States Government used the island of 
     Vieques, Puerto Rico, for military readiness;
       (2) the claimant previously filed a lawsuit or an 
     administrative claim, or files a claim not later than 120 
     days after the date of the enactment of this Act against the 
     United States Government for personal injury, including 
     illness or death arising from use by the United States 
     Government of the island of Vieques for military readiness; 
     and
       (3) the claimant submits to the Special Master written 
     medical documentation that indicates the claimant contracted 
     a chronic, life-threatening, or physical disease or illness 
     limited to cancer, hypertension, cirrhosis, kidney disease, 
     diabetes, or a heavy metal poisoning during or after the 
     United States Government used the island of Vieques, Puerto 
     Rico, for military readiness.
       (b) Amounts of Award.--
       (1) In general.--A claimant who meets the requirements of 
     subsection (a) shall be awarded compensation as follows:
       (A) $50,000 for 1 disease described in subsection (a)(3).
       (B) $80,000 for 2 diseases described in subsection (a)(3).
       (C) $110,000 for 3 or more diseases described in subsection 
     (a)(3).
       (2) Increase in award.--In the case that an individual 
     receiving an award under paragraph (1) of this subsection 
     contracts another disease under subsection (a)(3) and files a 
     new claim with the Special Master for an additional award not 
     later than 10 years after the date of the enactment of this 
     Act, the Special Master may award the individual an amount 
     that is equal to the difference between--
       (A) the amount that the individual would have been eligible 
     to receive had the disease

[[Page S5476]]

     been contracted before the individual filed an initial claim 
     under subsection (a); and
       (B) the amount received by the individual pursuant to 
     paragraph (1).
       (3) Deceased claimants.--In the case of an individual who 
     dies before making a claim under this section or a claimant 
     who dies before receiving an award under this section, any 
     immediate heir to the individual or claimant, as determined 
     by the laws of Puerto Rico, shall be eligible for one of the 
     following awards:
       (A) Compensation in accordance with paragraph (1), divided 
     among any such heir.
       (B) Compensation based on the age of the deceased as 
     follows:
       (i) In the case of an individual or claimant who dies 
     before attaining 20 years of age, $110,000, divided among any 
     such heir.
       (ii) In the case of an individual or claimant who dies 
     before attaining 40 years of age, $80,000, divided among any 
     such heir.
       (iii) In the case of an individual or claimant who dies 
     before attaining 60 years of age, $50,000, divided among any 
     such heir.
       (c) Appointment of Special Master.--
       (1) In general.--The Attorney General shall appoint a 
     Special Master not later than 90 days after the date of the 
     enactment of this Act to consider claims by individuals and 
     the municipality.
       (2) Qualifications.--The Attorney General shall consider 
     the following in choosing the Special Master:
       (A) The individual's experience in the processing of 
     victims' claims in relation to foreign or domestic 
     governments.
       (B) The individual's balance of experience in representing 
     the interests of the United States and individual claimants.
       (C) The individual's experience in matters of national 
     security.
       (D) The individual's demonstrated abilities in 
     investigation and fact findings in complex factual matters.
       (E) Any experience the individual has had advising the 
     United States Government.
       (d) Award Amounts Related to Claims by the Municipality of 
     Vieques.--
       (1) Award.--The Special Master, in exchange for its 
     administrative claims, shall provide the following as 
     compensation to the Municipality of Vieques:
       (A) Staff.--The Special Master shall provide medical staff, 
     and other resources necessary to build and operate a level 
     three trauma center (in this section, referred to as 
     ``medical facility'') with a cancer center and renal dialysis 
     unit and its equipment. The medical facility shall be able to 
     treat life-threatening, chronic, heavy metal, and physical 
     and mental diseases. The medical facility shall be able to 
     provide basic x-ray, EKG, internal medicine expertise, 
     medical coordination personnel and case managers, ultrasound, 
     and resources necessary to screen claimants described in 
     subsection (a) who are receiving treatment for the diseases 
     or illnesses described in paragraph (3) of that subsection 
     for cancer and the other prevailing health problems.
       (B) Operations.--The Special Master shall fund the 
     operations of the medical facility to provide medical care 
     for pediatric and adult patients who reside on the island of 
     Vieques, allowing the patients to be referred for tertiary 
     and quaternary health care facilities when necessary, and 
     providing the transportation and medical costs when traveling 
     off the island of Vieques.
       (C) Administrative expertise.--The Special Master shall 
     ensure that the Administrator of FEMA provides all 
     administrative and technical expertise and oversight in the 
     bidding and construction of the facility but the design and 
     abilities of the hospital shall be determined by the Special 
     Master considering the medical and research needs of the 
     residents of the island of Vieques. All costs shall be part 
     of the municipality's compensation.
       (D) Interim services.--Before the medical facility on the 
     island of Vieques is operational, the Special Master shall 
     provide to claimants described in subsection (a) who are 
     receiving treatment for the diseases or illnesses described 
     in paragraph (3) of that subsection--
       (i) urgent health care air transport to hospitals on the 
     mainland of Puerto Rico from the island of Vieques;
       (ii) medical coordination personnel and case managers;
       (iii) telemedicine communication abilities; and
       (iv) any other services that are necessary to alleviate the 
     health crisis on the island of Vieques.
       (E) Screening.--The Special Master shall make available, at 
     no cost to the patient, medical screening for cancer, 
     cirrhosis, diabetes, and heavy metal contamination on the 
     island of Vieques.
       (F) Academic partner.--The Special Master shall appoint an 
     academic partner, with appropriate experience and an 
     established relationship with the Municipality of Vieques, 
     that shall--
       (i) lead a research and outreach endeavor on behalf of the 
     Municipality of Vieques;
       (ii) select the appropriate scientific expertise and 
     administer defined studies, conducting testing and evaluation 
     of the soils, seas, plant and animal food sources, and the 
     health of residents; and
       (iii) determine and implement the most efficient and 
     effective way to reduce the environmental toxins to a level 
     sufficient to return the soils, seas, food sources, and 
     health circumstances to a level that reduces the diseases on 
     the island of Vieques to the average in the United States.
       (G) Duties.--The Special Master shall provide amounts 
     necessary for the academic partner and medical coordinator to 
     carry out the duties described in subparagraphs (A) through 
     (D).
       (H) Procurement.--The Special Master shall provide amounts 
     necessary to compensate the Municipality of Vieques for--
       (i) contractual procurement obligations and additional 
     expenses incurred by the municipality as a result of the 
     enactment of this section and settlement of its claim; and
       (ii) any other damages and costs to be incurred by the 
     municipality, if the Special Master determines that it is 
     necessary to carry out the purpose of this section.
       (I) Power source.--The Special Master shall determine the 
     best source of producing independent power on the island of 
     Vieques that is hurricane resilient and can effectively 
     sustain the needs of the island and shall authorize such 
     construction as an award to the Municipality of Vieques.
       (2) Source.--
       (A) In general.--Except as provided in subparagraph (B), 
     amounts awarded under this title shall be made from amounts 
     appropriated under section 1304 of title 31, United States 
     Code, commonly known as the ``Judgment Fund'', as if claims 
     were adjudicated by a United States District Court under 
     section 1346(b) of title 28, United States Code.
       (B) Limitation.--Total amounts awarded under this title 
     shall not exceed $1,000,000,000.
       (3) Determination and payment of claims.--
       (A) Establishment of filing procedures.--The Attorney 
     General shall establish procedures whereby individuals and 
     the municipality may submit claims for payments under this 
     section to the Special Master.
       (B) Determination of claims.--The Special Master shall, in 
     accordance with this subsection, determine whether each claim 
     meets the requirements of this section. Claims filed by 
     residents of the island of Vieques that have been disposed of 
     by a court under chapter 171 of title 28, United States Code, 
     shall be treated as if such claims are currently filed.
       (e) Action on Claims.--The Special Master shall make a 
     determination on any claim filed under the procedures 
     established under this section not later than 150 days after 
     the date on which the claim is filed.
       (f) Payment in Full Settlement of Claims by Individuals and 
     the Municipality of Vieques Against the United States.--The 
     acceptance by an individual or the Municipality of Vieques of 
     a payment of an award under this section shall--
       (1) be final and conclusive;
       (2) be deemed to be in full satisfaction of all claims 
     under chapter 171 of title 28, United States Code; and
       (3) constitute a complete release by the individual or 
     municipality of such claim against the United States and 
     against any employee of the United States acting in the scope 
     of employment who is involved in the matter giving rise to 
     the claim.
       (g) Certification of Treatment of Payments Under Other 
     Laws.--Amounts paid to an individual under this section--
       (1) shall be treated for purposes of the laws of the United 
     States as damages for human suffering; and
       (2) may not be included as income or resources for purposes 
     of determining eligibility to receive benefits described in 
     section 3803(c)(2)(C) of title 31, United States Code, or the 
     amount of such benefits.
       (h) Limitation on Claims.--A claim to which this section 
     applies shall be barred unless the claim is filed within 15 
     years after the date of the enactment of this Act.
                                 ______
                                 
  SA 5970. Mr. COONS (for himself, Ms. Murkowski, Mr. Bennet, Ms. 
Rosen, Mr. Cassidy, Ms. Collins, Mrs. Shaheen, Mr. Padilla, Mr. Kaine, 
and Mr. Graham) submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10__. NATIONAL CLIMATE ADAPTATION AND RESILIENCE 
                   STRATEGY.

       (a) Definitions.--In this section:
       (1) Adaptation.--The term ``adaptation'' means an 
     adjustment in a natural or human system in response to a new 
     or changing environmental condition, including such an 
     adjustment associated with climate change, that exploits 
     beneficial opportunities or moderates negative effects.
       (2) Adaptive capacity.--The term ``adaptive capacity'' 
     means the ability of a system--
       (A) to adjust to climate vulnerabilities to moderate 
     potential damage or harm;
       (B) to take advantage of new, and potentially beneficial, 
     opportunities; or
       (C) to cope with change.
       (3) Cascading climate hazards.--The term ``cascading 
     climate hazards'' means a series

[[Page S5477]]

     of successive environmental hazards triggered by an initial 
     hazard that is driven or exacerbated by climate change, such 
     that the impacts to vulnerable systems are amplified.
       (4) Chief resilience officer.--The term ``Chief Resilience 
     Officer'' means the Chief Resilience Officer of the United 
     States appointed by the President under subsection (b)(1)(A).
       (5) Climate change.--The term ``climate change'' means 
     changes in average atmospheric and oceanic conditions that 
     persist over multiple decades or longer and are natural or 
     anthropogenic in origin, including--
       (A) both increases and decreases in temperature;
       (B) shifts in precipitation;
       (C) shifts in ecoregion or biome geography and phenology, 
     as applicable;
       (D) changing risk from certain types of rapid-onset climate 
     hazards and slow-onset climate hazards; and
       (E) changes to other features of the climate system.
       (6) Climate information.--The term ``climate information'' 
     means information, data, or products that enhance knowledge 
     and understanding of climate science, risk, conditions, 
     vulnerability, or impact, including--
       (A) climate data products;
       (B) historic or future climate projections or scenarios;
       (C) climate risk or vulnerability information;
       (D) data or information related to climate adaptation and 
     mitigation; and
       (E) other best available climate science.
       (7) Compound climate hazards.--The term ``compound climate 
     hazards'' means 2 or more environmental hazards driven or 
     exacerbated by climate change that occur simultaneously or 
     successively, such that the impacts to vulnerable systems are 
     amplified.
       (8) Council.--The term ``Council'' means the Partners 
     Council on Climate Adaptation and Resilience established by 
     subsection (c)(1).
       (9) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term ``Executive agency'' in section 105 of 
     title 5, United States Code.
       (10) Freely associated state.--The term ``Freely Associated 
     State'' means--
       (A) the Federated States of Micronesia;
       (B) the Republic of the Marshall Islands; and
       (C) the Republic of Palau.
       (11) Frontline communities.--The term ``frontline 
     communities'' means human communities that--
       (A) are highly vulnerable to climate change or exposed to 
     climate risk;
       (B) experience the earliest, most adverse impacts of 
     climate change; and
       (C) may have a reduced ability to adapt to climate change 
     due to a lack of resources, political power, or adaptive 
     capacity.
       (12) Implementation plan.--The term ``Implementation Plan'' 
     means the Implementation Plan jointly developed by the Chief 
     Resilience Officer and the Working Groups under subsection 
     (e)(2).
       (13) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (14) National climate assessment.--The term ``National 
     Climate Assessment'' means the assessment delivered to 
     Congress and the President pursuant to section 106 of the 
     Global Change Research Act of 1990 (15 U.S.C. 2936).
       (15) Natural infrastructure.--The term ``natural 
     infrastructure'' means infrastructure that--
       (A) uses, restores, or emulates natural ecological, 
     geological, or physical processes; and
       (B)(i) is created through the action of natural physical, 
     geological, biological, and chemical processes over time;
       (ii) is created by human design, engineering, and 
     construction to emulate or act in concert with natural 
     processes; or
       (iii) involves the use of plants, soils, and other natural 
     features, including through the creation, restoration, or 
     preservation of natural areas using materials appropriate to 
     the region to manage stormwater and runoff, to attenuate 
     flooding and storm surges, to manage erosion and saltwater 
     intrusion, and for other related purposes.
       (16) Non-federal partner.--The term ``non-Federal partner'' 
     means a member of a unit of State, local, or territorial 
     government, the government of an Indian Tribe, the government 
     of a Freely Associated State, a private sector entity, or 
     another individual or organization not affiliated with the 
     Federal Government.
       (17) Operations report.--The term ``Operations Report'' 
     means the National Climate Adaptation and Resilience 
     Operations Report jointly developed by the Chief Resilience 
     Officer and the Working Groups under subsection (d).
       (18) Rapid-onset climate hazard.--The term ``rapid-onset 
     climate hazard'' means an abrupt environmental hazard driven 
     or exacerbated by climate change that occurs quickly or 
     unexpectedly and triggers impacts that materialize rapidly 
     and interact with conditions of exposure and vulnerability to 
     result in a disaster.
       (19) Represented agency.--The term ``represented agency'' 
     means each Federal agency from which the Chief Resilience 
     Officer appoints a member to a Working Group under subsection 
     (b)(2)(D)(ii)(II).
       (20) Resilience.--The term ``resilience'' means the 
     capacity of a social, physical, economic, or environmental 
     system to cope with an environmental hazard event, trend, or 
     disturbance that is driven or exacerbated by climate change 
     by responding or reorganizing in ways that maintain, to the 
     greatest extent practicable, the essential function, 
     identity, and structure of the system and ensure that, in the 
     event of a rapid-onset climate hazard or a slow-onset climate 
     hazard, basic human needs are met, while also maintaining the 
     capacity for adaptation and transformation.
       (21) Risk.--
       (A) In general.--The term ``risk'' means the potential for 
     consequences in a situation in which--
       (i) something of value is at stake; and
       (ii) the outcome is uncertain.
       (B) Inclusion.--The term ``risk'' includes the potential 
     for consequences described in subparagraph (A) that is 
     evaluated as the product obtained by multiplying--
       (i) the probability of a hazard occurring; by
       (ii) the consequence that would result if the hazard 
     occurred.
       (22) Slow-onset climate hazard.--
       (A) In general.--The term ``slow-onset climate hazard'' 
     means an environmental hazard driven or exacerbated by 
     climate change that evolves gradually through time due to 
     incremental change or because of an increasing frequency or 
     intensity of recurring climate impacts.
       (B) Inclusions.--The term ``slow-onset climate hazard'' 
     includes hazards such as--
       (i) sea level rise;
       (ii) desertification;
       (iii) biodiversity loss or the alteration of or shift in 
     habitat range of individual species or entire biomes;
       (iv) increasing temperatures;
       (v) ocean acidification;
       (vi) saltwater intrusion;
       (vii) soil salinization;
       (viii) drought and water scarcity;
       (ix) reduced snow pack;
       (x) sea ice retreat;
       (xi) glacial ice retreat;
       (xii) permafrost thaw; and
       (xiii) coastal and river bank erosion.
       (23) Strategy.--The term ``Strategy'' means the National 
     Climate Adaptation and Resilience Strategy required to be 
     developed jointly by the Chief Resilience Officer and the 
     Working Groups under subsection (e)(1).
       (24) Territorial government.--The term ``territorial 
     government'' means the government of a territory (as defined 
     in section 602(g) of the Social Security Act (42 U.S.C. 
     802(g))).
       (25) Vulnerability.--The term ``vulnerability'' means the 
     propensity or predisposition of a human individual or 
     community or physical, biological, or socioeconomic system to 
     be susceptible to and adversely affected by the impacts of 
     climate change.
       (26) Working group.--The term ``Working Group'' means a 
     National Climate Adaptation and Resilience Working Group 
     established by the Chief Resilience Officer under subsection 
     (b)(2).
       (b) Chief Resilience Officer and National Climate 
     Adaptation and Resilience Working Groups.--
       (1) Chief resilience officer.--
       (A) In general.--Not later than 120 days after the date of 
     enactment of this Act, the President shall identify or 
     appoint a Chief Resilience Officer of the United States to 
     serve in the Executive Office of the President.
       (B) Duties.--The Chief Resilience Officer shall--
       (i) serve the President by directing a whole-of-government 
     effort to build resilience to climate change vulnerabilities 
     in the United States (as described in the National Climate 
     Assessment or other relevant analyses identified by the Chief 
     Resilience Officer) in collaboration with existing Federal 
     initiatives and interagency adaptation efforts;
       (ii) establish Working Groups in accordance with paragraph 
     (2) to facilitate interagency coordination with respect to 
     climate resilience and adaptation; and
       (iii) at the end of a presidential administration, delegate 
     the duties of the Chief Resilience Officer to the Executive 
     Secretary of the Working Groups designated under paragraph 
     (2)(F)(i)(I) until a new Chief Resilience Officer is 
     appointed.
       (C) Compensation.--The Chief Resilience Officer shall be 
     compensated by the Federal Government at level III of the 
     Executive Schedule in subchapter II of chapter 53 of title 5, 
     United States Code.
       (2) Working groups.--
       (A) Establishment.--
       (i)  In general.--Subject to clause (ii), the Chief 
     Resilience Officer shall establish the minimum number of 
     National Climate Adaptation and Resilience Working Groups 
     that is necessary to carry out the duties and purposes 
     described in subparagraph (C).
       (ii) Limitation.--The Chief Resilience Officer shall not 
     establish more than 5 Working Groups.
       (B) Focus.--Each Working Group shall focus on a topic or 
     series of related topics with respect to climate adaptation 
     and resilience, as determined by the Chief Resilience 
     Officer.
       (C) Duties and purpose.--Each Working Group shall, under 
     the leadership of the Chief Resilience Officer, with respect 
     to the focus of the Working Group--
       (i) coordinate a whole-of-government plan to build 
     resilience to the applicable climate change vulnerabilities 
     described in the National Climate Assessment or other 
     relevant

[[Page S5478]]

     analyses identified by the Chief Resilience Officer;
       (ii) assist in the development of the applicable portions 
     of--

       (I) the Operations Report;
       (II) the Strategy; and
       (III) the Implementation Plan; and

       (iii) assist in the standardization across represented 
     agencies of, with respect to climate change, the term 
     ``resilience'' to promote greater consistency in Federal 
     resilience leadership.
       (D) Structure.--
       (i) Chairperson.--

       (I) In general.--Subject to a designation under subclause 
     (III), the Chief Resilience Officer shall serve as 
     chairperson of each Working Group.
       (II) Temporary chairperson.--The President or the Chief 
     Resilience Officer may designate another staff member or 
     member of a Working Group to act temporarily as the 
     chairperson of that Working Group in the absence of the Chief 
     Resilience Officer.
       (III) Designated agency chairperson.--The Chief Resilience 
     Officer may designate as chairperson of a Working Group the 
     head of a represented agency that serves on that Working 
     Group.

       (ii) Membership.--In establishing a Working Group, the 
     Chief Resilience Officer shall--

       (I) identify each Federal agency with operations or 
     organizational units that are relevant to the focus of the 
     Working Group; and
       (II) appoint 1 member of each Federal agency identified 
     under subclause (I) to represent that Federal agency on the 
     Working Group.

       (iii) Requirement.--In appointing a member of a Working 
     Group under clause (ii)(II), the Chief Resilience Officer 
     shall, to the maximum extent practicable, appoint the head of 
     the portion of the represented agency that is most relevant 
     to the focus of the Working Group.
       (iv) Duties of members.--Each member of a Working Group--

       (I) shall attend meetings of the Working Group; and
       (II) work to support the duties of the Working Group.

       (E) Meetings.--
       (i) In general.--Each Working Group shall meet not less 
     frequently than once every 180 days.
       (ii) Quorum.--\3/4\ of the members of a Working Group shall 
     constitute a quorum of the Working Group.
       (iii) Remote participation.--A member of a Working Group 
     may participate in a meeting of that Working Group through 
     teleconference or similar means.
       (F) Support personnel.--
       (i) Executive secretary.--

       (I) In general.--The Chief Resilience Officer shall 
     designate a permanent employee of a represented agency to 
     serve as Executive Secretary of the Working Groups.
       (II) Employment.--The employee designated as Executive 
     Secretary under subclause (I) shall remain an employee of the 
     agency, department, or program from which the employee was 
     appointed.

       (ii) Necessary assistance.--To carry out the purposes of 
     each Working Group, as described in subparagraph (C), each 
     represented agency with a member on the Working Group shall 
     furnish necessary assistance to that Working Group, such as--

       (I) a detail of employees to the Working Group to perform 
     such functions, consistent with the purposes of the Working 
     Group described in subparagraph (C), as the Chief Resilience 
     Officer may assign, including support staff for the Executive 
     Secretary appointed under clause (i)(I); and
       (II) on request of the Chief Resilience Officer, 
     undertaking special studies for the Working Group as may be 
     appropriate to carry out the functions of the Working Group.

       (c) Partners Council on Climate Adaptation and 
     Resilience.--
       (1) Establishment.--There is established a council, to be 
     known as the ``Partners Council on Climate Adaptation and 
     Resilience''.
       (2) Mission and function.--The Council shall work to 
     improve the climate adaptation and resilience operations of 
     the Federal Government by providing recommendations through 
     the Chief Resilience Officer, including those recommendations 
     contained in the report required under paragraph (3), that 
     identify how the Federal Government can better support non-
     Federal partners with equitable resources, technical 
     assistance, improved policies, and other assistance to help 
     frontline communities build resilience to climate change.
       (3) Report.--Not later than 16 months after the date of 
     enactment of this Act, and every 3 years thereafter, the 
     Council, acting through the Chief Resilience Officer, shall 
     submit to the President and the Working Groups a report that 
     includes--
       (A) an analysis of the deficiencies or gaps in the climate 
     resilience operations of the Federal Government that reduce 
     or fail to increase the capacity of non-Federal partners to 
     adapt to climate change;
       (B) an identification of the resources, including Federal 
     funding, necessary for non-Federal partners to adequately 
     adapt to climate change; and
       (C) recommendations with respect to how the Federal 
     Government could better support efforts by non-Federal 
     partners to expeditiously address vulnerabilities associated 
     with climate change and build climate resilience.
       (4) Chair and vice-chair.--The Chief Resilience Officer 
     shall serve as chairperson of the Council and shall appoint a 
     vice-chairperson from among the members of the Council 
     appointed pursuant to paragraph (5).
       (5) Membership.--
       (A) In general.--In addition to the Chief Resilience 
     Officer, the Council shall consist of not more than 23 
     members appointed by the Chief Resilience Officer.
       (B) Appointment.--
       (i) In general.--The Chief Resilience Officer shall appoint 
     members of the Council who can support the Working Groups by 
     articulating how the Federal Government can better support 
     State governments, local governments, territorial 
     governments, the governments of Indian Tribes, the 
     governments of Freely Associated States, nonprofit 
     organizations, or private sector entities to build resilience 
     to climate change.
       (ii) Non-federal partner members.--The Chief Resilience 
     Officer shall appoint 20 non-Federal partner members of the 
     Council as follows:

       (I) 12 members who are employees of State governments, 
     local governments, territorial governments, the governments 
     of Indian Tribes, or the governments of Freely Associated 
     States, of which--

       (aa) not fewer than 2 shall be employees of a State 
     government;
       (bb) not fewer than 2 shall be employees of a unit of local 
     government;
       (cc) not fewer than 2 shall be employees of the government 
     of an Indian Tribe; and
       (dd) not fewer than 2 shall be employees of a territorial 
     government or the government of a Freely Associated State; 
     and

       (II) 8 members who represent nongovernmental organizations 
     and the private sector, of which--

       (aa) 3 shall represent nongovernmental organizations;
       (bb) 3 shall represent the private sector; and
       (cc) 2 shall represent academic institutions.
       (iii) Represented agency members.--The Chief Resilience 
     Officer may, with the consent of those representatives, 
     appoint not more than 3 representatives of represented 
     agencies to the Council that the Chief Resilience Officer 
     determines would promote dialogue useful for implementation 
     of the duties of the Council while keeping the size of the 
     Council manageable.
       (iv) Selection.--To the maximum extent practicable, the 
     Chief Resilience Officer shall seek to select members of the 
     Council who--

       (I) possess first-hand, lived experience of climate 
     vulnerability in the United States, including direct 
     experience working with, or as members of, frontline 
     communities; and
       (II) represent a diversity of--

       (aa) perspectives;
       (bb) demographics;
       (cc) geographies;
       (dd) political affiliations; and
       (ee) institution sizes, including representatives of both 
     small and large units of government and businesses.
       (v) Term.--Members appointed to the Council shall serve a 
     single term of not more than 3 years, except that--

       (I) of the initial members appointed to the Council, the 
     Chief Resilience Officer shall appoint--

       (aa) \1/2\ of the members to serve for a term of 18 months; 
     and
       (bb) \1/2\ of the members to serve a term of 3 years; and

       (II) the Chief Resilience Officer may extend the term of 
     any member of the Council by a period of not more than 1 year 
     on a one-time basis, if the Chief Resilience Officer 
     determines it necessary to support the work of the Council.

       (vi) Vacancies.--

       (I) In general.--A vacancy in the Council shall be filled 
     in the same manner in which the original selection was made.
       (II) Appointment of new members.--After the expiration of 
     the term for which a member of the Council is appointed, the 
     member may continue to serve until a successor is appointed.

       (6) Meetings.--
       (A) In general.--The Council shall meet not less frequently 
     than once every 180 days.
       (B) Quorum.--\3/4\ of the members of the Council shall 
     constitute a quorum of the Council.
       (C) Remote participation.--A member of the Council may 
     participate in a meeting of the Council through 
     teleconference or similar means.
       (7) Applicability of faca.--Section 14 of the Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     Council.
       (d) National Climate Adaptation and Resilience Operations 
     Report.--Not later than 16 months after the date of enactment 
     of this Act, and every 3 years thereafter, the Chief 
     Resilience Officer and the Working Groups shall jointly and 
     simultaneously submit to the President and Congress a 
     National Climate Adaptation and Resilience Operations Report 
     that includes--
       (1) a summary of the existing climate resilience operations 
     of each represented agency that includes--
       (A) the roles and responsibilities of each represented 
     agency in building national resilience to the climate 
     vulnerabilities described in the National Climate Assessment 
     or other analyses relevant to each represented agency;
       (B) the major findings and conclusions from climate 
     adaptation plans or risk or vulnerability assessments 
     prepared by each represented agency;

[[Page S5479]]

       (C) the mechanisms by which each represented agency 
     supports the resilience efforts of non-Federal partners, such 
     as by providing funding, resources, and technical assistance; 
     and
       (D) an assessment of how each represented agency is working 
     to ensure equitable adaptation outcomes; and
       (2) a cross-agency analysis of the resilience operations 
     identified under paragraph (1) that--
       (A) identifies--
       (i) the challenges, barriers, or disincentives for the 
     Federal Government to build resilience to climate change in 
     the United States;
       (ii) the inconsistencies in goals, priorities, or 
     strategies underlying climate resilience operations and 
     policy across represented agencies that may inhibit effective 
     interagency coordination to support national climate 
     resilience, including--

       (I) the areas of necessary differences in those goals, 
     priorities, or strategies; and
       (II) the justifications for those inconsistencies;

       (iii) areas of overlap or redundant use of resources 
     between or among represented agencies, including 
     recommendations to eliminate any unnecessary or unintentional 
     redundancy;
       (iv) gaps or deficiencies in resilience operations and 
     policy that need to be addressed in the context of the 
     Strategy;
       (v) opportunities for greater collaboration between or 
     among represented agencies to improve Federal Government 
     resilience operations and policy; and
       (vi) opportunities for greater collaboration between the 
     Federal Government and non-Federal partners to build local-
     level adaptive capacity and resilience; and
       (B) includes a review and summary of all available Federal 
     funding from represented agencies that is specifically 
     allocated for climate adaptation activities to be undertaken 
     by non-Federal partners, including--
       (i) a summary of Federal funding available in 
     appropriations accounts and subaccounts;
       (ii) disparities between the supply and demand for 
     adaptation funding available to non-Federal partners; and
       (iii) existing mechanisms to ensure Federal funding 
     allocations are being directed to frontline communities with 
     the greatest level of vulnerability.
       (e) National Climate Adaptation and Resilience Strategy.--
       (1) Strategy.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Chief Resilience Officer and the 
     Working Groups shall jointly submit and simultaneously to the 
     President and Congress a National Climate Adaptation and 
     Resilience Strategy.
       (B) Updates.--Not later than the date that is 3 years after 
     the date on which the Chief Resilience Officer and the 
     Working Groups jointly and simultaneously submit the Strategy 
     to the President and Congress under subparagraph (A), and 
     every 3 years thereafter, the Chief Resilience Officer and 
     the Working Groups shall jointly submit an updated version of 
     the Strategy to the President and Congress to account for--
       (i) new science related to climate change, resilience, and 
     adaptation;
       (ii) relevant changes in Federal Government structure, 
     congressional authorities, or appropriations; and
       (iii) any other necessary improvements or changes 
     identified by the Chief Resilience Officer.
       (C) Purpose and scope.--The Strategy shall describe 
     strategies for the Federal Government, in partnership with 
     non-Federal partners, to address the vulnerabilities of the 
     United States to climate change described in the National 
     Climate Assessment or other relevant analyses identified by 
     the Chief Resilience Officer to ensure that--
       (i) the United States has an overarching strategic vision 
     to respond to climate change that--

       (I) identifies national climate resilience goals and guides 
     national climate adaptation efforts;
       (II) facilitates the incorporation of the climate 
     resilience goals identified under subclause (I) into relevant 
     national programs, operations, and strategies;
       (III) develops proactive, long-term, scenario-based 
     strategies to plan for and respond to current and future 
     climate impacts to human communities, natural resources and 
     public land, and infrastructure and other physical assets;
       (IV) emphasizes forward-thinking adaptation strategies, 
     including predisaster mitigation, that seek to overcome 
     repeated climate impacts to vulnerable systems and 
     communities;
       (V) prioritizes climate resilience efforts to support the 
     most vulnerable human communities and the most urgent 
     national resilience challenges, as determined by the Chief 
     Resilience Officer in consultation with the Working Groups;
       (VI) avoids unnecessary redundancies and inefficiencies in 
     the national planning for and response to climate change; and
       (VII) recognizes the vulnerability of natural systems to 
     climate change and underscores the importance of promoting 
     ecosystem resilience to preserve the intrinsic value of 
     nature and support ecosystem services relied on by human 
     beings;

       (ii) Federal investments in Federal and non-Federal 
     infrastructure and assets promote climate resilience to the 
     maximum extent practicable; and
       (iii) the adaptive capacity and resilience of State 
     governments, local governments, territorial governments, the 
     governments of Indian Tribes, and governments of Freely 
     Associated States are maximized to the maximum extent 
     practicable.
       (D) Council recommendations.--In developing the Strategy, 
     the Chief Resilience Officer and Working Groups shall 
     consider the recommendations of the Council.
       (E) Inclusions.--In addition to the overarching strategies 
     developed in accordance with subparagraph (C), the Strategy 
     shall include information with respect to the following:
       (i) Direct federal government response to climate change.--

       (I) Addressing the limitations, redundancies, and 
     opportunities for improved resilience operations of the 
     Federal Government that are identified in the Operations 
     Report.
       (II) Better preparing the United States for the adverse 
     impacts experienced or anticipated to be experienced as a 
     result of--

       (aa) rapid-onset climate hazards;
       (bb) slow-onset climate hazards;
       (cc) compound climate hazards; and
       (dd) cascading climate hazards.

       (III) Educating, engaging, or developing the skills of the 
     workforce of the represented agencies with respect to topics 
     related to climate change vulnerability and resilience to 
     promote effective Federal resilience operations.
       (IV) An identification of opportunities and appropriate 
     circumstances for represented agencies to better utilize 
     natural infrastructure as an adaptation strategy.

       (ii) Support of non-federal partners' response to climate 
     change.--

       (I) Methods for represented agencies to better collaborate 
     and work directly with non-Federal partners to increase the 
     resilience and adaptive capacity of State governments, local 
     governments, territorial governments, the governments of 
     Indian Tribes, the governments of Freely Associated States, 
     and other non-Federal partners.
       (II) Educating non-Federal partners about the availability 
     of Federal funding opportunities identified in the Operations 
     Report under subsection (d)(2)(B), including the development 
     of a centralized, cross-agency portal that allows non-Federal 
     partners to easily identify and apply for appropriate Federal 
     funding opportunities for the specific resilience needs of 
     those non-Federal partners.
       (III) Clarifying, simplifying, and harmonizing the planning 
     requirements and application processes for State governments, 
     local governments, territorial governments, the governments 
     of Indian Tribes, and the governments of Freely Associated 
     States to access Federal funds for climate adaptation and 
     resilience efforts across represented agencies.
       (IV) Identifying under-resourced communities and 
     communities with low adaptive capacity and resilience and to 
     directly support those communities in applying for Federal 
     funds for climate adaptation and resilience efforts.
       (V) Supporting the retreat or relocation of human 
     communities in areas that are at increasing risk from climate 
     change, in particular from slow-onset climate hazards, 
     including strategies to better manage equitable property 
     buyouts, managed retreat, or relocation options for 
     communities in those areas.

       (iii) Climate information.--

       (I) Increasing the accessibility and utility of climate 
     information that is produced, published, or hosted by the 
     Federal Government, including strategies to better 
     collaborate across the represented agencies and work with 
     non-Federal partners--

       (aa) to provide the high-quality, locally relevant climate 
     information and, where practicable and useful, transparent 
     and replicable downscaled climate projections that are 
     necessary to support local-level adaptation efforts;
       (bb) to establish improved methods of communicating climate 
     risk and other relevant climate information;
       (cc) to better educate non-Federal partners about the 
     available resources for climate information; and
       (dd) to assist non-Federal partners in selecting and using 
     appropriate climate information or related tools.

       (II) Standardized procedures to synthesize, align, and 
     update climate information produced, published, or hosted by 
     the Federal Government to create arrays of standardized 
     national, regional, and, where applicable, local climate 
     information for adaptation planning.
       (III) An assessment of the necessity and utility of 
     developing or improving a centralized clearinghouse and 
     dedicated Federal program for climate information to better 
     provide climate information to end users.
       (IV) Developing the centralized clearinghouse or dedicated 
     Federal program described in subclause (III), if such an 
     effort is determined to be necessary by the Chief Resilience 
     Officer.

       (iv) Resilience metrics and indicators.--At the discretion 
     of the Chief Resilience Officer, developing or improving 
     resilience metrics and indicators to assist the Federal 
     Government and non-Federal partners--

       (I) to the maximum extent practicable, to consistently 
     measure the resilience of human communities, natural systems, 
     and physical assets to climate change;
       (II) to set baselines and targets to measurably increase 
     climate resilience over time; and

[[Page S5480]]

       (III) to better monitor and assess the effectiveness of 
     various resilience-building activities after implementation.

       (v) Funding climate adaptation.--

       (I) Helping to prioritize Federal funding expenditures for 
     adaptation and resilience in consideration of the greatest 
     vulnerabilities.
       (II) Creating financial incentives for adaptation and 
     resilience efforts.
       (III) A review of the cost-benefit analysis methodologies 
     and discount rates used by represented agencies for all 
     Federal investments, including a review of the implications 
     of those methodologies and discount rates for climate 
     adaptation and resilience.
       (IV) Recommendations to improve the methodologies described 
     in subclause (III) to reflect--

       (aa) the added value of resilience planning and 
     construction methodologies over the lifetime of a project or 
     unit of infrastructure;
       (bb) the benefits of natural infrastructure investments;
       (cc) the potential value of retreat and relocation as 
     adaptation solutions; and
       (dd) to what extent existing cost-benefit analysis 
     methodologies lead to inequitable outcomes or outcomes that 
     increase climate vulnerability.
       (vi) Social equity.--

       (I) Ensuring that the costs, benefits, and risks resulting 
     from climate resilience efforts, including funding 
     allocations, the methodologies for determining funding 
     allocations, and existing and future policies, are equitably 
     distributed among sectors of society, types of communities, 
     and geographies.
       (II) Ensuring that federally supported climate resilience 
     efforts are--

       (aa) designed in consultation with the communities that 
     will be affected by those efforts; and
       (bb) centered on the needs of those communities.

       (III) To the greatest extent practicable, integrating 
     social equity considerations across all aspects of the 
     Strategy.

       (2) Implementation plan.--Concurrently with the Strategy 
     and each update of the Strategy, the Chief Resilience Officer 
     and the Working Groups shall jointly and simultaneously 
     submit to the President and Congress an Implementation Plan 
     that describes how represented agencies intend to carry out 
     the Strategy, which shall include--
       (A) a description of the roles and responsibilities of each 
     represented agency in carrying out each element of the 
     Strategy described in paragraph (1);
       (B) a plan to enter into such interagency agreements 
     between and among represented agencies, partnerships with 
     non-Federal entities, and other agreements for coordination 
     between and among the Federal Government and non-Federal 
     partners as may be necessary to facilitate a unified national 
     plan to build resilience to climate change; and
       (C) the use of any relevant metrics and indicators 
     described in paragraph (1)(E)(iv).
       (3) Assessment.--Not later than 2 years following the 
     completion of each Strategy under paragraph (1)(A) and each 
     Implementation Plan, the Comptroller General of the United 
     States shall simultaneously submit to the President and 
     Congress a report that assesses--
       (A) the extent to which the Strategy and Implementation 
     Plan have been carried out by the Federal Government, which 
     shall be judged, as appropriate, based on any metrics and 
     indicators developed to track progress in increasing 
     resilience under paragraph (1)(E)(iv);
       (B) the effectiveness of the actions taken under the 
     Strategy and Implementation Plan and the resulting outcomes 
     of those actions in building national resilience to climate 
     change; and
       (C) the progress made towards the development of an 
     effective whole-of-government effort to build resilience to 
     the climate vulnerabilities described in the National Climate 
     Assessment or other relevant analyses identified by the Chief 
     Resilience Officer, including recommendations for additional 
     steps necessary to reach this goal.
       (4) Public comment.--The Chief Resilience Officer shall--
       (A) publish draft and final versions of the Strategy and 
     Implementation Plan, and each update to the Strategy and 
     Implementation Plan; and
       (B) through publication in the Federal Register, solicit 
     comments from the public on the draft versions of the 
     documents published under subparagraph (A) for a period of 60 
     days, which the Chief Resilience Officer and the Working 
     Groups shall consider before submitting final versions of the 
     Strategy and Implementation Plan, and updates to the Strategy 
     and Implementation Plan, to the President and Congress.
       (f) Sunset.--This section ceases to be effective on the 
     date that is the earlier of--
       (1) the date on which the Comptroller General of the United 
     States submits to the President and Congress the third 
     assessment report under subsection (e)(3); and
       (2) the date that is the last day of fiscal year 2033.
                                 ______
                                 
  SA 5971. Mr. DAINES (for himself and Mr. Menendez) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. AMENDMENTS TO ACQUIRED FUND FEES AND EXPENSES 
                   REPORTING ON INVESTMENT COMPANY REGISTRATION 
                   STATEMENTS.

       (a) Definitions.--In this section:
       (1) Acquired fund.--The term ``acquired fund'' has the 
     meaning given the term in Form N-1A, Form N-2, and Form N-3.
       (2) Acquired fund fees and expenses.--The term ``acquired 
     fund fees and expenses'' means the acquired fund fees and 
     expenses subcaption in the fee table disclosure.
       (3) Business development company.--The term ``business 
     development company'' has the meaning given the term in 
     section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 
     80a-2(a)).
       (4) Fee table disclosure.--The term ``fee table 
     disclosure'' means the fee table described in item 3 of Form 
     N-1A, item 3 of Form N-2, or item 4 of Form N-3 (as 
     applicable, and with respect to each, in any successor fee 
     table disclosure that the Securities and Exchange Commission 
     adopts).
       (5) Form n-1a.--The term ``Form N-1A'' means the form 
     described in section 274.11A of title 17, Code of Federal 
     Regulations, or any successor regulation.
       (6) Form n-2.--The term ``Form N-2'' means the form 
     described in section 274.11a-1 of title 17, Code of Federal 
     Regulations, or any successor regulation.
       (7) Form n-3.--The term ``Form N-3'' means the form 
     described in section 274.11b of title 17, Code of Federal 
     Regulations, or any successor regulation.
       (8) Registered investment company.--The term ``registered 
     investment company'' means an investment company, as defined 
     in section 3 of the Investment Company Act of 1940 (15 U.S.C. 
     80a-3), registered with the Securities and Exchange 
     Commission under that Act.
       (b) Excluding Business Development Companies From Acquired 
     Fund Fees and Expenses.--A registered investment company may, 
     on any investment company registration statement filed 
     pursuant to section 8(b) of the Investment Company Act of 
     1940 (15 U.S.C. 80a-8(b))--
       (1) omit from the calculation of acquired fund fees and 
     expenses those fees and expenses that the investment company 
     incurred indirectly as a result of investment in shares of 1 
     or more acquired funds that is a business development 
     company; and
       (2) instead disclose in a footnote to the fee table 
     disclosure those fees and expenses described in paragraph 
     (1), calculated according to the acquired fund fees and 
     expenses formula.
                                 ______
                                 
  SA 5972. Mr. SULLIVAN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title XII, add the following:

          Subtitle G--Indo-Pacific Strategic Energy Initiative

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Indo-Pacific Strategic 
     Energy Initiative Act''.

     SEC. 1282. FINDINGS.

       Congress makes the following findings:
       (1) The United States currently has an approximately 100-
     year supply of natural gas.
       (2) Natural gas will see increasing global demand and use 
     beyond 2050.
       (3) United States natural gas production increased by 54 
     percent from 2005 to 2017. At the same time, total United 
     States carbon dioxide emissions decreased by 14 percent. The 
     natural gas share of electricity production increased from 19 
     percent in 2005 to 32 percent in 2017.
       (4) Between 2005 and 2019, carbon dioxide emissions from 
     the United States power sector declined by 33 percent, with 
     fuel switching to natural gas, accounting for more than half 
     of those reductions. During that period, the United States 
     economy grew by 20 percent, United States energy consumption 
     fell by 2 percent, and per capita emissions dropped to their 
     lowest levels since 1950.
       (5) Between 1990 and 2018, the natural gas and oil industry 
     reduced methane emissions by 23.6 percent through voluntary 
     actions, while expanding production by 70 percent.
       (6) Demand in the United States and globally for clean-
     burning natural gas and liquefied natural gas will continue 
     to increase over the next several decades, even as renewable 
     energy resources increase.
       (7) Demand for natural gas is rising in the Indo-Pacific 
     region, particularly as countries look to make emissions cuts 
     and transition from higher emissions fuel sources.
       (8) The expanding number of infrastructure projects in the 
     Indo-Pacific region, carried

[[Page S5481]]

     out under the Belt and Road Initiative, is leading to higher 
     emissions in the region.
       (9) According to the International Energy Agency, ``The 
     number of countries and territories with [liquefied natural 
     gas] import terminals has grown from nine in 2000 to 42 in 
     2020.''. Further, the International Energy Agency has found 
     that ``transition[s] in Asian gas markets [are] even more 
     important in the wider context of global clean energy 
     transitions, where natural gas will be required to make a 
     more flexible contribution as the share of variable renewable 
     energy sources grows and coal use progressively declines''.
       (10) The United States saw a 66.3-percent increase in 
     liquefied natural gas exports and an 11.2-percent increase in 
     oil production in 2019.
       (11) As a result of the natural gas revolution, the United 
     States petroleum trade deficit in dollars fell from about 
     $320,000,000,000 in 2007 to about $3,000,000,000 in 2020, as 
     net imports declined.
       (12) Australia and the United States are both important 
     global energy exporters and thus have a shared interest in 
     supplying the growing energy demand in the Indo-Pacific 
     region.
       (13) Japanese companies have long invested in United States 
     liquefied natural gas projects, including the Government of 
     Japan shifting from relying on liquefied natural gas from the 
     Middle East to liquefied natural gas from the United States.
       (14) The People's Republic of China currently is one of the 
     largest financiers of overseas energy and greenhouse gas 
     intensive projects. The People's Republic of China also uses 
     those investments to project its influence and secure 
     critical minerals supply chains and infrastructure.

     SEC. 1283. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the United States reaffirms its commitment to 
     quadrilateral cooperation with Japan, India, and Australia 
     (collectively, with the United States, known as the 
     ``Quad''), and that United States should continue to pursue 
     strengthening cooperation in the energy sector in light of 
     the global threats and challenges facing all 4 countries;
       (2) the Association of Southeast Asian Nations (commonly 
     referred to as ``ASEAN'') and its 10 members (Brunei, 
     Cambodia, Indonesia, Laos, Malaysia, Myanmar, the 
     Philippines, Singapore, Thailand, and Vietnam) have worked 
     with the United States toward stability, prosperity, and 
     peace in Southeast Asia, and ASEAN will continue to remain a 
     strong, reliable, and active economic and strategic partner 
     in the Indo-Pacific region;
       (3) the United States and the Republic of Korea enjoy a 
     comprehensive alliance partnership, founded in shared 
     strategic interests and cemented by a commitment to 
     democratic values, which includes recognizing the important 
     role of energy cooperation through the United States-Republic 
     of Korea Energy Security Dialogue; and
       (4) the United States has economic, national security, and 
     domestic interests in assisting allies and partners in Indo-
     Pacific countries to reduce greenhouse gas emissions and 
     achieve energy security through diversification of their 
     energy sources and supply routes.

     SEC. 1284. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to engage and lead on international emissions 
     reductions and adaptation, including assisting allies and 
     partners in reducing higher emissions fuel sources through 
     exports of cleaner-burning United States-produced fuels and 
     emission-reduction technologies;
       (2) to advance United States foreign policy and development 
     goals by assisting allies and partners of the United States 
     in the Indo-Pacific region to decrease their dependence on 
     energy resources from countries that use energy dependence to 
     coerce, intimidate, and influence other countries;
       (3) to develop strategies to counter competition from the 
     Russian Federation and the People's Republic of China to 
     protect the energy and national security of the United States 
     and the energy and national security of allies and partners 
     of the United States in the Indo-Pacific region;
       (4) to support free and open trade in clean-burning energy 
     products and promote the continued development of lower-
     emissions energy fuels and technologies in the Indo-Pacific 
     region;
       (5) to improve free, fair, and reciprocal energy trading 
     relationships with allies and partners of the United States 
     in the Indo-Pacific region;
       (6) to promote the energy security of allies and partners 
     of the United States in the Indo-Pacific region by 
     encouraging the development of energy infrastructure and 
     accessible, transparent, and competitive energy markets that 
     provide diversified sources, types, and routes of energy;
       (7) to encourage public and private sector investment in 
     lower-emissions energy infrastructure projects in the Indo-
     Pacific region;
       (8) to supply countries that rely on higher emitting fuel 
     sources with cleaner burning and abundant alternatives; and
       (9) to help facilitate the export of United States energy 
     resources, technology, and expertise to global markets in a 
     way that benefits the energy security of allies and partners 
     of the United States in the Indo-Pacific region.

     SEC. 1285. ENERGY INFRASTRUCTURE PROJECT SUPPORT.

       (a) In General.--The Secretary of State, in consultation 
     with the Secretary of Energy, the heads of other relevant 
     United States agencies, and energy-importing allies and 
     partners of the United States, shall, as appropriate, 
     prioritize and expedite the efforts of the Department of 
     State, the Department of Energy, and such other agencies in 
     supporting the governments of Japan, India, Australia, and 
     other like-minded Indo-Pacific countries (including member 
     countries of ASEAN and the Republic of Korea) to increase 
     their energy security and reduce energy emissions, including 
     through--
       (1) providing diplomatic and political support to those 
     governments, as necessary--
       (A) to facilitate international negotiations concerning 
     cross-border infrastructure;
       (B) to enhance the regulatory environment with respect to 
     energy projects in the Indo-Pacific region; and
       (C) to develop accessible, transparent, and competitive 
     energy markets supplied by diverse sources, types, and routes 
     of energy; and
       (2) providing support--
       (A) to improve energy markets in the Indo-Pacific region, 
     including early-stage project support and late-stage project 
     support for the construction or improvement of energy 
     projects and related infrastructure pertaining to emissions 
     reduction;
       (B) to diversify the energy sources and supply routes of 
     Indo-Pacific countries; and
       (C) to enhance energy market integration across the region.
       (b) Project Selection.--
       (1) Identification.--The Secretary of State, the Secretary 
     of Commerce, and the Secretary of Energy shall identify 
     energy infrastructure projects that would be appropriate for 
     United States assistance under this section.
       (2) Eligibility.--A project is eligible for United States 
     assistance under this section if the project--
       (A) has been identified by the Secretary of State, the 
     Secretary of Commerce, and the Secretary of Energy as 
     promoting energy security in the Indo-Pacific region or the 
     country in which the project is located;
       (B) promotes the reduction of greenhouse gas and carbon 
     dioxide emissions; and
       (C) is located in an Indo-Pacific country.
       (3) Preference.--In selecting projects for United States 
     assistance under this section, the Secretary of State, the 
     Secretary of Commerce, and the Secretary of Energy shall give 
     preference to projects that--
       (A) are expected to enhance energy market integration; or
       (B) have the potential to use goods and services of the 
     United States, another Quad country, a member country of 
     ASEAN, or the Republic of Korea, during project 
     implementation.
       (c) Diplomatic and Political Support.--The Secretary of 
     State shall provide diplomatic and political support to the 
     governments of Japan, India, Australia, and other like-minded 
     Indo-Pacific countries (including member countries of ASEAN 
     and the Republic of Korea), as necessary, including by using 
     the diplomatic and political influence and expertise of the 
     Department of State to build the capacity of those countries 
     to resolve any impediments to the development of projects 
     selected under subsection (b).
       (d) Project Support.--The Director of the Trade and 
     Development Agency shall provide early-stage project support 
     with respect to projects selected under subsection (b).

     SEC. 1286. INFRASTRUCTURE FUNDING.

       (a) Establishment of Strategic Energy Portfolio of the 
     United States International Development Finance 
     Corporation.--Title V of the Better Utilization of 
     Investments Leading to Development Act of 2018 (22 U.S.C. 
     9671 et seq.) is amended by adding at the end the following:

     ``SEC. 1455. STRATEGIC ENERGY PORTFOLIO.

       ``The Corporation--
       ``(1) may provide support under title II for projects 
     related to importation of liquefied natural gas and 
     generation of low emission electricity and other energy, 
     including for such projects of entities owned or controlled 
     by the government of a foreign country;
       ``(2) may not prohibit, restrict, or otherwise impede the 
     provision of support on the basis of the type of energy 
     involved in a project; and
       ``(3) should, in providing support authorized by paragraph 
     (1), coordinate with the Japan Bank for International 
     Cooperation and the Government of Australia pursuant to the 
     trilateral memorandum of understanding on development finance 
     signed on November 12, 2018.''.
       (b) Promotion of Energy Exports by Export-Import Bank of 
     the United States.--The Export-Import Bank Act of 1945 (12 
     U.S.C. 635 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 16. STRATEGIC ENERGY PORTFOLIO.

       ``(a) In General.--The Bank shall establish a strategic 
     energy portfolio focused on providing financing (including 
     loans, guarantees, and insurance) for projects described in 
     subsection (b) that may facilitate--
       ``(1) increases in exports of United States energy 
     commodities; or
       ``(2) the export of United States equipment, materials, and 
     technology.
       ``(b) Projects Described.--A project described in this 
     subsection is a project related to--
       ``(1) construction of liquefied natural gas import 
     terminals;
       ``(2) commercialization of carbon capture, utilization, and 
     storage;
       ``(3) development of blue hydrogen infrastructure; or

[[Page S5482]]

       ``(4) other low emission energy infrastructure.''.
       (c) Private and Foreign Public Sector Investment.--
       (1) Private sector investment.--The Secretary of Commerce 
     and the Secretary of State shall promote the funding of 
     projects selected under section 1285 among United States 
     energy producers and exporters.
       (2) Foreign public sector investment.--The heads of the 
     agencies described in section 1285(a) may, for the purposes 
     of this subtitle, partner and coordinate with public and 
     multilateral financial institutions and export credit 
     agencies of Japan, India, Australia, and other Indo-Pacific 
     countries (including member countries of ASEAN and the 
     Republic of Korea), such as the Japan Bank for International 
     Cooperation.

     SEC. 1287. REPORTING.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter, the 
     President shall submit to the appropriate congressional 
     committees a report on progress made in providing assistance 
     for projects under this subtitle that includes--
       (1) a description of the energy infrastructure projects the 
     United States has identified for such assistance; and
       (2) for each such project--
       (A) a description of the role of the United States in the 
     project, including in early-stage project support and late-
     stage project support;
       (B) the amount and form of any debt financing and insurance 
     provided by the United States Government for the project as 
     well as any coordination with foreign public financial 
     institutions or export credit agencies;
       (C) the amount and form of any debt financing and insurance 
     provided by foreign public financial institutions or export 
     credit agencies;
       (D) the amount and form of any early-stage project support; 
     and
       (E) an update on the progress made on the project as of the 
     date of the report.
       (b) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations, the Committee on 
     Energy and Natural Resources, and the Committee on 
     Environment and Public Works of the Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Energy and Commerce, and the Committee on Natural Resources 
     of the House of Representatives.

                                 ______
                                 
  SA 5973. Mr. SULLIVAN (for himself and Ms. Hirono) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 866. CONSIDERATION OF NATIVE SMALL BUSINESS SISTER 
                   SUBSIDIARY PAST PERFORMANCE.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall amend section 
     215.305 of the Defense Federal Acquisition Supplement (or any 
     successor regulation) to require that when Native-owned small 
     businesses bid on Department of Defense contracts, the past 
     performance evaluation and source selection processes shall 
     consider the past performance information of sister 
     subsidiary predecessor companies of the Native-owned small 
     businesses.
                                 ______
                                 
  SA 5974. Mr. SULLIVAN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 606. ALLOWANCE FOR BROADBAND FOR CERTAIN MEMBERS OF THE 
                   ARMED FORCES ASSIGNED TO PERMANENT DUTY 
                   STATIONS IN ALASKA.

       (a) Establishment.--Chapter 7 of title 37, United States 
     Code, is amended by inserting after section 425 the following 
     new section:

     ``Sec. 426. Allowance for broadband for certain members of 
       the armed forces assigned to permanent duty stations in 
       Alaska

       ``(a) Allowance Authorized.--The Secretary concerned shall 
     pay, to a member of the armed forces in the grade of E-5 or 
     below who is assigned to a permanent duty station in Alaska, 
     a monthly allowance for broadband.
       ``(b) Amount.--The monthly allowance to a member under this 
     section shall be--
       ``(1) $125 during calendar year 2023; and
       ``(2) in subsequent calendar years, an amount determined by 
     the Secretary of Defense based on the difference between the 
     average costs of unlimited broadband plans in Alaska and in 
     the continental United States.
       ``(c) Sunset.--No allowance may be paid under this section 
     after December 31, 2028.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 425 the following:

``426. Allowance for broadband for certain members of the armed forces 
              assigned to permanent duty stations in Alaska.''.
       (c) Effective Date.--Section 426 of such title, as added by 
     subsection (a), shall take effect on the day the Secretary of 
     Defense prescribes regulations under subsection (d).
       (d) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     prescribe regulations to carry out section 426 of such title, 
     as added by subsection (a).
       (e) Report.--Not later than December 31, 2027, the 
     Secretary of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report containing--
       (1) the evaluation of the Secretary of the allowance under 
     section 426 of such title, as added by subsection (a); and
       (2) any recommendation of the Secretary regarding whether 
     such allowance should be amended, extended, or made 
     permanent.
                                 ______
                                 
  SA 5975. Mr. MENENDEZ (for himself and Mr. Cramer) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. RETAIL BUSINESSES PROHIBITED FROM REFUSING CASH 
                   PAYMENTS.

       (a) Sense of Congress.--It is the sense of Congress that 
     every consumer has the right to use cash at retail businesses 
     who accept in-person payments.
       (b) Prohibition.--Subchapter I of chapter 51 of title 31, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 5104. Retail businesses prohibited from refusing cash 
       payments

       ``(a) In General.--Any person engaged in the business of 
     selling or offering goods or services at retail to the public 
     with a person accepting in-person payments at a physical 
     location (including a person accepting payments for 
     telephone, mail, or internet-based transactions who is 
     accepting in-person payments at a physical location)--
       ``(1) shall accept cash as a form of payment for sales of 
     less than $2,000 made at such physical location; and
       ``(2) may not charge cash-paying customers a higher price 
     compared to the price charged to customers not paying with 
     cash.
       ``(b) Exceptions.--
       ``(1) In general.--Subsection (a) shall not apply to a 
     person if such person--
       ``(A) is unable to accept cash because of--
       ``(i) a sale system failure that temporarily prevents the 
     processing of cash payments; or
       ``(ii) a temporary insufficiency in cash on hand needed to 
     provide change; or
       ``(B) provides customers with the means, on the premises, 
     to convert cash into a card that is either a general-use 
     prepaid card, a gift card, or an access device for electronic 
     fund transfers for which--
       ``(i) there is no fee for the use of the card;
       ``(ii) there is not a minimum deposit amount greater than 1 
     dollar;
       ``(iii) amounts loaded on the card do not expire, as 
     required under paragraph (2);
       ``(iv) there is no collection of any personal identifying 
     information from the customer;
       ``(v) there is no fee to use the card; and
       ``(vi) there may be a limit to the number of transactions 
     on such cards.
       ``(2) Inactivity .--A person seeking exception from 
     subsection (a) may charge an inactivity fee in association 
     with a prepaid card offered by such person if--
       ``(A) there has been no activity with respect to the card 
     during the 12-month period ending on the date on which the 
     inactivity fee is imposed;
       ``(B) not more than 1 inactivity fee is imposed in any 1-
     month period; and
       ``(C) it is clearly and conspicuously stated, on the face 
     of the mechanism that issues the card and on the card--
       ``(i) that an inactivity fee or charge may be imposed;
       ``(ii) the frequency at which such inactivity fee may be 
     imposed; and
       ``(iii) the amount of such inactivity fee.
       ``(c) Right to Not Accept Large Bills.--
       ``(1) In general.--Notwithstanding subsection (a), for the 
     5-year period beginning on the date of enactment of this 
     section, this section shall not require a person to accept 
     cash payments in $50 bills or any larger bill.

[[Page S5483]]

       ``(2) Rulemaking.--
       ``(A) In general.--The Secretary shall issue a rule on the 
     date that is 5 years after the date of the enactment of this 
     section with respect to any bills a person is not required to 
     accept.
       ``(B) Requirement.--When issuing a rule under subparagraph 
     (A), the Secretary shall require persons to accept $1, $5, 
     $10, $20 and $50 bills.
       ``(d) Enforcement.--
       ``(1) Preventative relief.--Whenever any person has 
     engaged, or there are reasonable grounds to believe that any 
     person is about to engage, in any act or practice prohibited 
     by this section, a civil action for preventive relief, 
     including an application for a permanent or temporary 
     injunction, restraining order, or other order may be brought 
     against such person.
       ``(2) Civil penalties.--Any person who violates this 
     section shall--
       ``(A) be liable for actual damages;
       ``(B) be fined not more than $2,500 for a first offense; 
     and
       ``(C) be fined not more than $5,000 for a second or 
     subsequent offense.
       ``(3) Jurisdiction.--An action under this section may be 
     brought in any United States district court, or in any other 
     court of competent jurisdiction.
       ``(4) Intervention of attorney general.--Upon timely 
     application, a court may, in its discretion, permit the 
     Attorney General to intervene in a civil action brought under 
     this subsection, if the Attorney General certifies that the 
     action is of general public importance.
       ``(5) Authority to appoint court-paid attorney.--Upon 
     application by an individual and in such circumstances as the 
     court may determine just, the court may appoint an attorney 
     for such individual and may authorize the commencement of a 
     civil action under this subsection without the payment of 
     fees, costs, or security.
       ``(6) Attorney's fees.--In any action commenced pursuant to 
     this section, the court, in its discretion, may allow the 
     prevailing party, other than the United States, a reasonable 
     attorney's fee as part of the costs, and the United States 
     shall be liable for costs the same as a private person.
       ``(7) Requirements in certain states and local areas.--In 
     the case of an alleged act or practice prohibited by this 
     section which occurs in a State, or political subdivision of 
     a State, which has a State or local law prohibiting such act 
     or practice and establishing or authorizing a State or local 
     authority to grant or seek relief from such act or practice 
     or to institute criminal proceedings with respect thereto 
     upon receiving notice thereof, no civil action may be brought 
     hereunder before the expiration of 30 days after written 
     notice of such alleged act or practice has been given to the 
     appropriate State or local authority by registered mail or in 
     person, provided that the court may stay proceedings in such 
     civil action pending the termination of State or local 
     enforcement proceedings.
       ``(e) Greater Protection Under State Law.--This section 
     shall not preempt any law of a State, the District of 
     Columbia, a Tribal government, or a territory of the United 
     States if the protections that such law affords to consumers 
     are greater than the protections provided under this section.
       ``(f) Rulemaking.--The Secretary shall issue such rules as 
     the Secretary determines are necessary to implement this 
     section, which may prescribe additional exceptions to the 
     application of the requirements described in subsection (a).
       ``(g) Annual Reports on the Geographic Distribution of 
     Automated Teller Machines Owned by Federally Insured 
     Depository Institutions.--Beginning on the date that is 1 
     year after the date of enactment of this section, and 
     annually thereafter, the Federal Deposit Insurance 
     Corporation, with respect to depository institutions insured 
     by the Corporation, and the National Credit Union 
     Administration, with respect to credit unions insured by the 
     National Credit Union Share Insurance Fund, shall submit 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 provides--
       ``(1) the number of automated teller machines owned and in 
     service by each institution insured by such agency;
       ``(2) the location of each such automated teller machine 
     that is installed at a fixed site; and
       ``(3) the approximate geographic range or radius within 
     which mobile automated teller machines owned by any such 
     institution are deployed.''.
       (c) Clerical Amendment.--The table of contents for chapter 
     51 of title 31, United States Code, is amended by inserting 
     after the item relating to section 5103 the following:

``5104. Retail businesses prohibited from refusing cash payments.''.
                                 ______
                                 
  SA 5976. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        In the funding table in section 4101, in the item relating 
     to Stryker Upgrade, strike the amount in the Senate 
     Authorized column and insert ``891,171''.
                                 ______
                                 
  SA 5977. Mr. DAINES submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. CLOSED-END COMPANY AUTHORITY TO INVEST IN PRIVATE 
                   FUNDS.

       (a) In General.--Section 5 of the Investment Company Act of 
     1940 (15 U.S.C. 80a-5) is amended by adding at the end the 
     following:
       ``(d) Closed-End Company Authority To Invest in Private 
     Funds.--
       ``(1) In general.--The Commission may not limit a closed-
     end company from investing any or all of the assets of the 
     company in a private fund solely or primarily because of the 
     status of the fund as a private fund.
       ``(2) Application.--Notwithstanding section 6(f), this 
     subsection shall apply to a closed-end company that elects to 
     be treated as a business development company pursuant to 
     section 54.''.
       (b) Definition of Private Fund.--
       (1) Investment company act of 1940.--Section 2(a) of the 
     Investment Company Act of 1940 (15 U.S.C. 80a-2(a)) is 
     amended by adding at the end the following:
       ``(55) The term `private fund' means an issuer that would 
     be an investment company but for the exception provided for 
     in paragraph (1) or (7) of section 3(c).''.
       (2) Investment advisers act of 1940.--Section 202(a) of the 
     Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)) is 
     amended--
       (A) by redesignating the second paragraph (29) (relating to 
     ``commodity pool'' and other terms) as paragraph (31); and
       (B) by amending paragraph (29) to read as follows:
       ``(29) The term `private fund' has the meaning given the 
     term in section 2(a) of the Investment Company Act of 1940 
     (15 U.S.C. 80a-2(a)).''.
       (c) Treatment by National Securities Exchanges.--Section 
     6(b) of the Securities Exchange Act of 1934 (15 U.S.C. 
     78f(b)) is amended by adding at the end the following:
       ``(11)(A) The rules of the exchange do not prohibit the 
     listing or trading of securities of a closed-end company by 
     reason of the amount of the investment by the company of 
     assets in private funds.
       ``(B) In this paragraph--
       ``(i) the term `closed-end company'--
       ``(I) has the meaning given the term in section 5(a) of the 
     Investment Company Act of 1940 (15 U.S.C. 80a-5(a)); and
       ``(II) includes a closed-end company that elects to be 
     treated as a business development company pursuant to section 
     54 of the Investment Company Act of 1940 (15 U.S.C. 80a-53); 
     and
       ``(ii) the term `private fund' has the meaning given the 
     term in section 2(a) of the Investment Company Act of 1940 
     (15 U.S.C. 80a-2(a)).''.
       (d) Investment Limitation.--Section 3(c) of the Investment 
     Company Act of 1940 (15 U.S.C. 80a-3(c)) is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), in the second sentence, by striking ``subparagraphs 
     (A)(i) and (B)(i)'' and inserting ``subparagraphs (A)(i), 
     (B)(i), and (C)''; and
       (2) in paragraph (7)(D), by striking ``subparagraphs (A)(i) 
     and (B)(i)'' and inserting ``subparagraphs (A)(i), (B)(i), 
     and (C)''.
                                 ______
                                 
  SA 5978. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        Beginning on page 633, strike line 1 and all that follows 
     through page 634, line 8, and insert the following:
       (b) Extension of Prohibition on In-flight Refueling to Non-
     United States Aircraft That Engage in Hostilities in the 
     Ongoing Civil War in Yemen.--Section 1273 of the National 
     Defense Author-
                                 ______
                                 
  SA 5979. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities

[[Page S5484]]

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

        Strike section 2808.
                                 ______
                                 
  SA 5980. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        Strike section 2810.
                                 ______
                                 
  SA 5981. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        Strike section 2867.
                                 ______
                                 
  SA 5982. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 327, strike lines 9 through 13.
                                 ______
                                 
  SA 5983. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        In section 924, strike subsection (c).
                                 ______
                                 
  SA 5984. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        Strike section 1221.
                                 ______
                                 
  SA 5985. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        In section 521, strike subsection (d) through (g) and 
     insert the following:
       (d) Maintaining the Health of the Selective Service 
     System.--Section 10(a) (50 U.S.C. 3809(a)) is amended by 
     adding at the end the following new paragraph:
       ``(5) The Selective Service System shall conduct exercises 
     periodically of all mobilization plans, systems, and 
     processes to evaluate and test the effectiveness of such 
     plans, systems, and processes. Once every 4 years, the 
     exercise shall include the full range of internal and 
     interagency procedures to ensure functionality and 
     interoperability and may take place as part of the Department 
     of Defense mobilization exercise under section 10208 of title 
     10, United States Code. The Selective Service System shall 
     conduct a public awareness campaign in conjunction with each 
     exercise to communicate the purpose of the exercise to the 
     public.''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.
                                 ______
                                 
  SA 5986. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike section 220.

                                 ______
                                 
  SA 5987. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 91, strike lines 6 through 16.

                                 ______
                                 
  SA 5988. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        On page 104, strike lines 19 through 21 and insert the 
     following:
       (B) may enhance efficiency and reliability as compared to 
     currently used systems.
                                 ______
                                 
  SA 5989. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        Strike section 319.
                                 ______
                                 
  SA 5990. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        Strike section 1244 and insert the following:

     SEC. 1244. STATEMENT OF POLICY ON DEFENSE OF TAIWAN.

       Consistent with the Taiwan Relations Act (Public Law 96-8; 
     22 U.S.C. 3301 et seq.), it shall be the policy of the United 
     States to supply Taiwan with defensive arms and to maintain 
     the capacity to defend Taiwan, without an express obligation 
     or commitment to do so.
                                 ______
                                 
  SA 5991. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

[[Page S5485]]

  


     SEC. ___. PORTABILITY OF PROFESSIONAL LICENSES OF MEMBERS OF 
                   THE UNIFORMED SERVICES AND THEIR SPOUSES.

       (a) In General.--Title VII of the Servicemembers Civil 
     Relief Act (50 U.S.C. 4021 et seq.) is amended by inserting 
     after section 705 (50 U.S.C. 4025) the following new section:

     ``SEC. 705A. PORTABILITY OF PROFESSIONAL LICENSES OF 
                   SERVICEMEMBERS AND THEIR SPOUSES.

       ``(a) In General.--In any case in which a servicemember has 
     a professional license in good standing in a jurisdiction or 
     the spouse of a servicemember has a professional license in 
     good standing in a jurisdiction and such servicemember or 
     spouse relocates his or her residency because of military 
     orders for military service to a location that is not in such 
     jurisdiction, the professional license or certification of 
     such servicemember or spouse shall be considered valid at a 
     similar scope of practice and in the discipline applied for 
     in the jurisdiction of such new residency for the duration of 
     such military orders if such servicemember or spouse--
       ``(1) provides a copy of such military orders to the 
     licensing authority in the jurisdiction in which the new 
     residency is located;
       ``(2) remains in good standing with the licensing authority 
     that issued the license; and
       ``(3) submits to the authority of the licensing authority 
     in the new jurisdiction for the purposes of standards of 
     practice, discipline, and fulfillment of any continuing 
     education requirements.
       ``(b) Interstate Licensure Compacts.--If a servicemember or 
     spouse of a servicemember is licensed and able to operate in 
     multiple jurisdictions through an interstate licensure 
     compact, with respect to services provided in the 
     jurisdiction of the interstate licensure compact by a 
     licensee covered by such compact, the servicemember or spouse 
     of a servicemember shall be subject to the requirements of 
     the compact or the applicable provisions of law of the 
     applicable State and not this section.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by inserting after the item 
     relating to section 705 the following new item:

``Sec. 705A. Portability of professional licenses of servicemembers and 
              their spouses.''.
                                 ______
                                 
  SA 5992. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

         TITLE ____--DEEPFAKE AND DIGITAL PROVENANCE TASK FORCE

     SEC. __01 SHORT TITLE.

       This title may be cited as the ``Deepfake Task Force Act''.

     SEC. __02. NATIONAL DEEPFAKE AND DIGITAL PROVENANCE TASK 
                   FORCE.

       (a) Definitions.--In this section:
       (1) Digital content forgery.--The term ``digital content 
     forgery'' means audio, visual, or text content fabricated or 
     manipulated with the intent to mislead and be 
     indistinguishable from reality, created through the use of 
     technologies, including those that apply artificial 
     intelligence techniques such as generative adversarial 
     networks.
       (2) Digital content provenance.--The term ``digital content 
     provenance'' means the verifiable chronology of the origin 
     and history of a piece of digital content, such as an image, 
     video, audio recording, or electronic document.
       (3) Eligible entity.--The term ``eligible entity'' means--
       (A) a private sector or nonprofit organization; or
       (B) an institution of higher education.
       (4) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       (5) Relevant congressional committees.--The term ``relevant 
     congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Homeland Security and the Committee on 
     Oversight and Reform of the House of Representatives;
       (C) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (D) the Committee on Science, Space, and Technology of the 
     House of Representatives;
       (E) the Committee on the Judiciary of the Senate; and
       (F) the Committee on the Judiciary of the House of 
     Representatives.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (7) Task force.--The term ``Task Force'' means the National 
     Deepfake and Provenance Task Force established under 
     subsection (b)(1).
       (b) Establishment of Task Force.--
       (1) Establishment.--The Secretary, in coordination with the 
     Administrator of the National Telecommunications and 
     Information Administration, shall establish a task force, to 
     be known as ``the National Deepfake Provenance Task Force'', 
     to--
       (A) investigate the feasibility of, and obstacles to, 
     developing and deploying standards and technologies for 
     determining digital content provenance;
       (B) propose policy changes to reduce the proliferation and 
     impact of digital content forgeries, such as the adoption of 
     digital content provenance and technology standards;
       (C) serve as a formal mechanism for interagency 
     coordination and information sharing to facilitate the 
     creation and implementation of a national strategy to address 
     the growing threats posed by digital content forgeries; and
       (D) investigate existing digital content forgery generation 
     technologies, potential detection methods, and disinformation 
     mitigation solutions.
       (2) Membership.--
       (A) Chairperson.--The Secretary, or a designee of the 
     Secretary, shall serve as chairperson of the Task Force.
       (B) Composition.--The Task Force shall be composed of not 
     fewer than 13 members, of whom--
       (i) not fewer than 5 shall be representatives from the 
     Federal Government, including the chairperson of the Task 
     Force, the Director of the National Institute of Standards 
     and Technology, and the Administrator of the National 
     Telecommunications and Information Administration;
       (ii) not fewer than 4 shall be representatives from 
     institutions of higher education; and
       (iii) not fewer than 4 shall be representatives from 
     private or nonprofit organizations.
       (C) Appointment.--Not later than 120 days after the date of 
     enactment of this Act, the chairperson of the Task Force 
     shall appoint members to the Task Force in accordance with 
     subparagraph (B) from among technical experts in--
       (i) artificial intelligence;
       (ii) media manipulation;
       (iii) digital forensics;
       (iv) secure digital content and delivery;
       (v) cryptography;
       (vi) privacy;
       (vii) civil rights; or
       (viii) related subjects.
       (D) Term of appointment.--The term of a member of the Task 
     Force shall end on the date described in subsection (g)(1).
       (E) Vacancy.--Any vacancy occurring in the membership of 
     the Task Force shall be filled in the same manner in which 
     the original appointment was made.
       (F) Expenses for non-federal members.--Members of the Task 
     Force described in clauses (ii) and (iii) of subparagraph (B) 
     shall be allowed travel expenses, including per diem in lieu 
     of subsistence, at rates authorized for employees under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while away from their homes or regular places of business in 
     the performance of services for the Task Force.
       (c) Coordinated Plan.--
       (1) In general.--The Task Force shall develop a coordinated 
     plan to--
       (A) reduce the proliferation and impact of digital content 
     forgeries, including by exploring how the adoption of a 
     digital content provenance standard could assist with 
     reducing the proliferation of digital content forgeries;
       (B) develop mechanisms for content creators to--
       (i) cryptographically certify the authenticity of original 
     media and non-deceptive manipulations; and
       (ii) enable the public to validate the authenticity of 
     original media and non-deceptive manipulations to establish 
     digital content provenance; and
       (C) increase the ability of internet companies, 
     journalists, watchdog organizations, other relevant entities, 
     and members of the public to meaningfully scrutinize and 
     identify potential digital content forgeries.
       (2) Contents.--The plan required under paragraph (1) shall 
     include the following:
       (A) A Government-wide research and development agenda to--
       (i) improve technologies and systems to detect digital 
     content forgeries; and
       (ii) relay information about digital content provenance to 
     content consumers.
       (B) An assessment of the feasibility of, and obstacles to, 
     the deployment of technologies and systems to capture, 
     preserve, and display digital content provenance.
       (C) A framework for conceptually distinguishing between 
     digital content with benign or helpful alternations and 
     digital content forgeries.
       (D) An assessment of the technical feasibility of, and 
     challenges in, distinguishing between--
       (i) benign or helpful alterations to digital content; and
       (ii) intentionally deceptive or obfuscating alterations to 
     digital content.
       (E) A discussion of best practices, including any necessary 
     standards, for the adoption and effective use of technologies 
     and systems to determine digital content provenance and 
     detect digital content forgeries while protecting fair use.
       (F) Conceptual proposals for necessary research projects 
     and experiments to further develop successful technology to 
     ascertain digital content provenance.

[[Page S5486]]

       (G) Proposed policy changes, including changes in law, to--
       (i) incentivize the adoption of technologies, systems, open 
     standards, or other means to detect digital content forgeries 
     and determine digital content provenance; and
       (ii) reduce the incidence, proliferation, and impact of 
     digital content forgeries.
       (H) Recommendations for models for public-private 
     partnerships to fight disinformation and reduce digital 
     content forgeries, including partnerships that support and 
     collaborate on--
       (i) industry practices and standards for determining 
     digital content provenance;
       (ii) digital literacy education campaigns and user-friendly 
     detection tools for the public to reduce the proliferation 
     and impact of disinformation and digital content forgeries;
       (iii) industry practices and standards for documenting 
     relevant research and progress in machine learning; and
       (iv) the means and methods for identifying and addressing 
     the technical and financial infrastructure that supports the 
     proliferation of digital content forgeries, such as 
     inauthentic social media accounts and bank accounts.
       (I) An assessment of privacy and civil liberties 
     requirements associated with efforts to deploy technologies 
     and systems to determine digital content provenance or reduce 
     the proliferation of digital content forgeries, including 
     statutory or other proposed policy changes.
       (J) A determination of metrics to define the success of--
       (i) technologies or systems to detect digital content 
     forgeries;
       (ii) technologies or systems to determine digital content 
     provenance; and
       (iii) other efforts to reduce the incidence, proliferation, 
     and impact of digital content forgeries.
       (d) Consultations.--In carrying out subsection (c), the 
     Task Force shall consult with the following:
       (1) The Director of the National Science Foundation.
       (2) The National Academies of Sciences, Engineering, and 
     Medicine.
       (3) The Director of the National Institute of Standards and 
     Technology.
       (4) The Director of the Defense Advanced Research Projects 
     Agency.
       (5) The Director of the Intelligence Advanced Research 
     Projects Activity of the Office of the Director of National 
     Intelligence.
       (6) The Secretary of Energy.
       (7) The Secretary of Defense.
       (8) The Attorney General.
       (9) The Secretary of State.
       (10) The Federal Trade Commission.
       (11) The United States Trade Representative.
       (12) Representatives from private industry and nonprofit 
     organizations.
       (13) Representatives from institutions of higher education.
       (14) Such other individuals as the Task Force considers 
     appropriate.
       (e) Staff.--
       (1) In general.--Staff of the Task Force shall be comprised 
     of detailees with expertise in artificial intelligence or 
     related fields from--
       (A) the Department of Homeland Security;
       (B) the National Telecommunications and Information 
     Administration;
       (C) the National Institute of Standards and Technology; or
       (D) any other Federal agency the chairperson of the Task 
     Force consider appropriate with the consent of the head of 
     the Federal agency.
       (2) Other assistance.--
       (A) In general.--The chairperson of the Task Force may 
     enter into an agreement with an eligible entity for the 
     temporary assignment of employees of the eligible entity to 
     the Task Force in accordance with this paragraph.
       (B) Application of ethics rules.--An employee of an 
     eligible entity assigned to the Task Force under subparagraph 
     (A)--
       (i) shall be considered a special Government employee for 
     the purpose of Federal law, including--

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

       (ii) notwithstanding section 202(a) of title 18, United 
     States Code, may be assigned to the Task Force for a period 
     of not more than 2 years.
       (C) Financial liability.--An agreement entered into with an 
     eligible entity under subparagraph (A) shall require the 
     eligible entity to be responsible for any costs associated 
     with the assignment of an employee to the Task Force.
       (D) Termination.--The chairperson of the Task Force may 
     terminate the assignment of an employee to the Task Force 
     under subparagraph (A) at any time and for any reason.
       (f) Task Force Reports.--
       (1) Interim report.--
       (A) In general.--Not later than 1 year after the date on 
     which all of the appointments have been made under subsection 
     (b)(2)(C), the Task Force shall submit to the President and 
     the relevant congressional committees an interim report 
     containing the findings, conclusions, and recommendations of 
     the Task Force.
       (B) Contents.--The report required under subparagraph (A) 
     shall include specific recommendations for ways to reduce the 
     proliferation and impact of digital content forgeries, 
     including the deployment of technologies and systems to 
     determine digital content provenance.
       (2) Final report.--Not later than 180 days after the date 
     of the submission of the interim report under paragraph 
     (1)(A), the Task Force shall submit to the President and the 
     relevant congressional committees a final report containing 
     the findings, conclusions, and recommendations of the Task 
     Force, including the plan developed under subsection (c).
       (3) Requirements.--With respect to each report submitted 
     under this subsection--
       (A) the Task Force shall make the report publicly 
     available; and
       (B) the report--
       (i) shall be produced in an unclassified form; and
       (ii) may include a classified annex.
       (g) Termination.--
       (1) In general.--The Task Force shall terminate on the date 
     that is 90 days after the date on which the Task Force 
     submits the final report under subsection (f)(2).
       (2) Records.--Upon the termination of the Task Force under 
     paragraph (1), each record of the Task Force shall become a 
     record of the National Archives and Records Administration.
                                 ______
                                 
  SA 5993. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. DEPARTMENT OF DEFENSE SPECTRUM AUDIT.

       (a) Audit and Report.--Not later than 1 year after the date 
     of enactment of this Act, the Assistant Secretary of Commerce 
     for Communications and Information and the Secretary of 
     Defense shall jointly--
       (1) conduct an audit of the electromagnetic spectrum that 
     is assigned or otherwise allocated to the Department of 
     Defense as of the date of the audit; and
       (2) submit to Congress, and make available to each Member 
     of Congress upon request, a report containing the results of 
     the audit conducted under paragraph (1).
       (b) Contents of Report.--The Assistant Secretary of 
     Commerce for Communications and Information and the Secretary 
     of Defense shall include in the report submitted under 
     subsection (a)(2), with respect to the electromagnetic 
     spectrum that is assigned or otherwise allocated to the 
     Department of Defense as of the date of the audit--
       (1) each particular band of spectrum being used by the 
     Department of Defense;
       (2) a description of each purpose for which a particular 
     band described in paragraph (1) is being used, and how much 
     of the band is being used for that purpose;
       (3) the geographic area in which a particular band 
     described in paragraph (1) is being used;
       (4) whether a particular band described in paragraph (1) is 
     used exclusively by the Department of Defense or shared with 
     a non-Federal entity; and
       (5) any portion of the spectrum that is not being used by 
     the Department of Defense.
       (c) Form of Report.--The report required under subsection 
     (a)(2) shall be submitted in unclassified form but may 
     include a classified annex.
                                 ______
                                 
  SA 5994. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 10__. GREATER SAGE-GROUSE PROTECTION AND RECOVERY.

       (a) Purposes.--The purposes of this section are--
       (1) to facilitate implementation of State management plans 
     over a period of multiple, consecutive greater sage-grouse 
     life cycles; and
       (2) to demonstrate the efficacy of the State management 
     plans for the protection and recovery of the greater sage-
     grouse.
       (b) Definitions.--In this section:
       (1) Federal resource management plan.--The term ``Federal 
     resource management plan'' means--
       (A) a land use plan prepared by the Bureau of Land 
     Management for public land pursuant to section 202 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1712); and
       (B) a land and resource management plan prepared by the 
     Forest Service for National

[[Page S5487]]

     Forest System land pursuant to section 6 of the Forest and 
     Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
     1604).
       (2) Greater sage-grouse.--The term ``greater sage-grouse'' 
     means a sage-grouse of the species Centrocercus urophasianus.
       (3) State management plan.--The term ``State management 
     plan'' means a State-approved plan for the protection and 
     recovery of the greater sage-grouse.
       (c) Protection and Recovery of Greater Sage-grouse.--
       (1) Endangered species act of 1973 findings.--
       (A) Delay required.--The Secretary of the Interior may not 
     modify or invalidate the finding of the Director of the 
     United States Fish and Wildlife Service announced in the 
     proposed rule entitled ``Endangered and Threatened Wildlife 
     and Plants; 12-Month Finding on a Petition to List Greater 
     Sage-Grouse (Centrocercus urophasianus) as an Endangered or 
     Threatened Species'' (80 Fed. Reg. 59858 (October 2, 2015)) 
     during the 10-year period beginning on the date of enactment 
     of this Act.
       (B) Effect on other laws.--The delay required under 
     subparagraph (A) is and shall remain effective without regard 
     to any other statute, regulation, court order, legal 
     settlement, or any other provision of law or in equity.
       (C) Effect on conservation status.--The conservation status 
     of the greater sage-grouse shall be considered not to warrant 
     listing of the greater sage-grouse as an endangered species 
     or threatened species under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.) during the 10-year period 
     beginning on the date of enactment of this Act.
       (2) Coordination of federal land management and state 
     conservation and management plans.--
       (A) Prohibition on withdrawal and modification of federal 
     resource management plans.--On notification by the Governor 
     of a State with a State management plan, the Secretary of the 
     Interior and the Secretary of Agriculture may not make, 
     modify, or extend any withdrawal or amend or otherwise modify 
     any Federal resource management plan applicable to Federal 
     land in the State in a manner inconsistent with the State 
     management plan for, as specified by the Governor in the 
     notification, a period of not fewer than 5 years beginning on 
     the date of the notification.
       (B) Retroactive effect.--In the case of any State that 
     provides notification under subparagraph (A), if any 
     withdrawal was made, modified, or extended or any amendment 
     or modification of a Federal resource management plan 
     applicable to Federal land in the State was issued after June 
     1, 2014, and the withdrawal, amendment, or modification 
     altered the management of the greater sage-grouse or the 
     habitat of the greater sage-grouse--
       (i) implementation and operation of the withdrawal, 
     amendment, or modification shall be stayed to the extent that 
     the withdrawal, amendment, or modification is inconsistent 
     with the State management plan; and
       (ii) the Federal resource management plan, as in effect 
     immediately before the withdrawal, amendment, or 
     modification, shall apply instead with respect to the 
     management of the greater sage-grouse and the habitat of the 
     greater sage-grouse, to the extent consistent with the State 
     management plan.
       (C) Determination of inconsistency.--Any disagreement 
     regarding whether a withdrawal, amendment, or other 
     modification of a Federal resource management plan is 
     inconsistent with a State management plan shall be resolved 
     by the Governor of the affected State.
       (3) Relation to national environmental policy act of 
     1969.--With regard to any major Federal action consistent 
     with a State management plan, any findings, analyses, or 
     conclusions regarding the greater sage-grouse and the habitat 
     of the greater sage-grouse under section 102(2)(C) of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 
     4332(2)(C)) shall not have a preclusive effect on the 
     approval or implementation of the major Federal action in 
     that State.
       (4) Reporting requirement.--Not later than 1 year after the 
     date of enactment of this Act, and annually thereafter 
     through the date that is 10 years after that date of 
     enactment, the Secretary of the Interior and the Secretary of 
     Agriculture shall jointly submit to the Committee on Energy 
     and Natural Resources of the Senate and the Committee on 
     Natural Resources of the House of Representatives a report 
     describing the implementation by the Secretaries of, and the 
     effectiveness of, systems to monitor the status of greater 
     sage-grouse on Federal land under the jurisdiction of the 
     Secretaries.
       (5) Judicial review.--Notwithstanding any other provision 
     of law (including regulations), this subsection, including 
     any determination made under paragraph (2)(C), shall not be 
     subject to judicial review.

     SEC. 10__. IMPLEMENTATION OF LESSER PRAIRIE-CHICKEN RANGE-
                   WIDE CONSERVATION PLAN AND OTHER CONSERVATION 
                   MEASURES.

       (a) Definitions.--In this section:
       (1) Candidate conservation agreement; candidate 
     conservation agreement with assurances.--The terms 
     ``Candidate Conservation Agreement'' and ``Candidate 
     Conservation Agreement with Assurances'' have the meanings 
     given those terms in the announcement of the Department of 
     the Interior and the Department of Commerce entitled 
     ``Announcement of Final Policy for Candidate Conservation 
     Agreements with Assurances'' (64 Fed. Reg. 32726 (June 17, 
     1999)).
       (2) Lesser prairie-chicken.--The term ``lesser prairie-
     chicken'' means a prairie-chicken of the species Tympanuchus 
     pallidicinctus.
       (3) Range-wide plan.--The term ``Range-Wide Plan'' means 
     the lesser prairie-chicken Range-Wide Conservation Plan of 
     the Western Association of Fish and Wildlife Agencies, as 
     described in the proposed rule of the United States Fish and 
     Wildlife Service entitled ``Endangered and Threatened 
     Wildlife and Plants; Listing the Lesser-Prairie Chicken as a 
     Threatened Species with a Special Rule'' (79 Fed. Reg. 4652 
     (January 29, 2014)).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Prohibition on Treatment as Threatened or Endangered 
     Species.--
       (1) In general.--Notwithstanding any prior action by the 
     Secretary, the lesser prairie-chicken shall not be treated as 
     a threatened species or an endangered species under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
     before the date that is 10 years after the date of enactment 
     of this Act.
       (2) Prohibition on proposal.--Effective beginning on the 
     date that is 10 years after the date of enactment of this 
     Act, the lesser prairie-chicken may not be treated as a 
     threatened species or an endangered species under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
     unless the Secretary publishes a determination, based on the 
     totality of the scientific evidence, that conservation (as 
     that term is used in that Act) under the Range-Wide Plan and 
     the agreements, programs, and efforts described in subsection 
     (c) have not achieved the conservation goals established by 
     the Range-Wide Plan.
       (c) Monitoring of Progress of Conservation Programs.--The 
     Secretary shall monitor and annually submit to Congress a 
     report on the conservation progress of the lesser prairie-
     chicken under the Range-Wide Plan and all related--
       (1) Candidate Conservation Agreements and Candidate 
     Conservation Agreements with Assurances;
       (2) Federal conservation programs administered by the 
     Director of the United States Fish and Wildlife Service, the 
     Director of the Bureau of Land Management, and the Secretary 
     of Agriculture;
       (3) State conservation programs; and
       (4) private conservation efforts.

     SEC. 10__. REMOVAL OF ENDANGERED SPECIES STATUS FOR AMERICAN 
                   BURYING BEETLE.

       Notwithstanding the final rule of the United States Fish 
     and Wildlife Service entitled ``Endangered and Threatened 
     Wildlife and Plants; Determination of Endangered Status for 
     the American Burying Beetle'' (54 Fed. Reg. 29652 (July 13, 
     1989)), the American burying beetle (Nicrophorus americanus) 
     may not be listed as a threatened species or an endangered 
     species under the Endangered Species Act of 1973 (16 U.S.C. 
     1531 et seq.).
                                 ______
                                 
  SA 5995. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. REPORT ON ENERGY PRODUCT SUPPLY CHAINS.

       Not later than 1 year after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     submit to the appropriate committees of Congress a report on 
     the strength and vitality of United States energy product 
     supply chains, including--
       (1) the level of dependence of the United States on foreign 
     nations for energy products;
       (2) the impact of Federal regulations and statutes, 
     including subtitle II of title 46, United States Code, on 
     United States energy product supply chains; and
       (3) recommendations on how to secure and protect United 
     States energy product supply chains.
                                 ______
                                 
  SA 5996. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

[[Page S5488]]

  


     SEC. 1077. WAIVER OF COASTWISE ENDORSEMENT REQUIREMENTS.

       Section 12112 of title 46, United States Code, is amended 
     by adding at the end the following:
       ``(c) Waivers In Cases of Product Carrier Scarcity or 
     Unavailability.--
       ``(1) In general.--The head of an agency shall, upon 
     request, temporarily waive the requirements of subsection 
     (a), including the requirement to satisfy section 12103, if 
     the person requesting that waiver reasonably demonstrates to 
     the head of an agency that--
       ``(A) there is no product carrier, with respect to a 
     specified good, that meets such requirements, exists, and is 
     available to carry such good; and
       ``(B) the person made a good faith effort to locate a 
     product carrier that complies with such requirements.
       ``(2) Duration.--Any waiver issued under paragraph (1) 
     shall be limited in duration, and shall expire by a specified 
     date that is not less than 30 days after the date on which 
     the waiver is issued.
       ``(3) Extension.--Upon request, if the circumstances under 
     which a waiver was issued under paragraph (1) have not 
     substantially changed, the head of an agency shall, without 
     delay, grant one or more extensions to a waiver issued under 
     paragraph (1), for periods of not less than 15 days each.
       ``(4) Deadline for waiver response.--
       ``(A) Response deadline.--Not later than 60 days after 
     receiving a request for a waiver under paragraph (1), the 
     head of an agency shall approve or deny such request.
       ``(B) Findings in support of denied waiver.--If the head of 
     an agency denies such a request, the head of an agency shall, 
     not later than 14 days after denying the request, submit to 
     the requester a report that includes the findings that served 
     as the basis for denying the request.
       ``(C) Request deemed granted.--If the head of an agency has 
     neither granted nor denied the request before the response 
     deadline described in subparagraph (A), the request shall be 
     deemed granted on the date that is 61 days after the date on 
     which the head of an agency received the request. A waiver 
     that is deemed granted under this subparagraph shall be valid 
     for a period of 30 days.
       ``(5) Notice to congress.--
       ``(A) In general.--The head of an agency shall notify 
     Congress--
       ``(i) of any request for a temporary waiver under this 
     subsection, not later than 48 hours after receiving such 
     request; and
       ``(ii) of the issuance of any such waiver, not later than 
     48 hours after such issuance.
       ``(B) Contents.--The head of an agency shall include in 
     each notification under subparagraph (A)(ii) a detailed 
     explanation of the reasons the waiver is necessary.
       ``(6) Definitions.--In this subsection:
       ``(A) Product carrier.--The term `product carrier', with 
     respect to a good, means a vessel constructed or adapted 
     primarily to carry such good in bulk in the cargo spaces.
       ``(B) Head of an agency.--The term ``head of an agency'' 
     means an individual, or such individual acting in that 
     capacity, who is responsible for the administration of the 
     navigation or vessel inspection laws.''.
                                 ______
                                 
  SA 5997. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1077. LIMITATION ON THE EXTENSION OR ESTABLISHMENT OF 
                   NATIONAL MONUMENTS IN THE STATE OF UTAH.

       Section 320301(d) of title 54, United States Code, is 
     amended--
       (1) in the heading, by striking ``Wyoming'' and inserting 
     ``the State of Wyoming or Utah''; and
       (2) by striking ``Wyoming'' and inserting ``the State of 
     Wyoming or Utah''.
                                 ______
                                 
  SA 5998. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1276. CLARIFICATION OF EMERGENCY WAR FUNDING FOR 
                   PURPOSES OF DETERMINING ELIGIBLE COSTS.

       (a) Definition of Emergency War Funding.--For purposes of 
     determining eligible costs for emergency war funding, the 
     term ``emergency war funding''--
       (1) means a contingency operation (as defined in section 
     101(a) of title 10, United States Code) conducted by the 
     Department of Defense that--
       (A) is conducted in a foreign country;
       (B) has geographical limits;
       (C) is not longer than 60 days; and
       (D) provides only--
       (i) replacement of ground equipment lost or damaged in 
     conflict;
       (ii) equipment modifications;
       (iii) munitions;
       (iv) replacement of aircraft lost or damaged in conflict;
       (v) military construction for short-term temporary 
     facilities;
       (vi) direct war operations; and
       (vii) fuel; and
       (2) does not include any operation that provides for--
       (A) research and development; or
       (B) training, equipment, and sustainment activities for 
     foreign military forces.
       (b) Report to Be Included in the President's Budget 
     Submission to Congress.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense and the 
     Director of the Office of Management and Budget shall submit 
     to Congress a report on the effect of the clarified 
     definition of emergency war funding under subsection (a) on 
     the process for determining eligible costs for emergency war 
     funding.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) For the subsequent fiscal year, a plan for transferring 
     to the base budget any activities that do not meet such 
     definition.
       (B) For each of the subsequent five fiscal years, the 
     anticipated emergency war funding based on such clarified 
     definition.
       (c) Point of Order Against Funding for Contingency 
     Operations That Does Not Meet the Requirements for Emergency 
     War Funding.--
       (1) In general.--Title IV of the Congressional Budget Act 
     of 1974 (2 U.S.C. 651 et seq.) is amended by adding at the 
     end the following:

   ``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS 
                              LEGISLATION

     ``SEC. 441. POINT OF ORDER AGAINST FUNDING FOR CONTINGENCY 
                   OPERATIONS THAT DOES NOT MEET THE REQUIREMENTS 
                   FOR EMERGENCY WAR FUNDING.

       ``(a) Definitions.--In this section--
       ``(1) the term `contingency operation' has the meaning 
     given that term in section 101 of title 10, United States 
     Code; and
       ``(2) the term `emergency war funding' has the meaning 
     given that term in section 1276 of the James M. Inhofe 
     National Defense Authorization Act for Fiscal Year 2023.
       ``(b) Point of Order.--
       ``(1) In general.--In the Senate, it shall not be in order 
     to consider a provision in a bill, joint resolution, motion, 
     amendment, amendment between the Houses, or conference report 
     that provides new budget authority for a contingency 
     operation, unless the provision of new budget authority meets 
     the requirements to constitute emergency war funding.
       ``(2) Point of order sustained.--If a point of order is 
     made by a Senator against a provision described in paragraph 
     (1), and the point of order is sustained by the Chair, that 
     provision shall be stricken from the measure and may not be 
     offered as an amendment from the floor.
       ``(c) Form of the Point of Order.--A point of order under 
     subsection (b)(1) may be raised by a Senator as provided in 
     section 313(e).
       ``(d) Conference Reports.--When the Senate is considering a 
     conference report on, or an amendment between the Houses in 
     relation to, a bill or joint resolution, upon a point of 
     order being made by any Senator pursuant to subsection 
     (b)(1), and such point of order being sustained, such 
     material contained in such conference report or House 
     amendment shall be stricken, and the Senate shall proceed to 
     consider the question of whether the Senate shall recede from 
     its amendment and concur with a further amendment, or concur 
     in the House amendment with a further amendment, as the case 
     may be, which further amendment shall consist of only that 
     portion of the conference report or House amendment, as the 
     case may be, not so stricken. Any such motion in the Senate 
     shall be debatable. In any case in which such point of order 
     is sustained against a conference report (or Senate amendment 
     derived from such conference report by operation of this 
     subsection), no further amendment shall be in order.
       ``(e) Supermajority Waiver and Appeal.--
       ``(1) Waiver.--Subsection (b)(1) may be waived or suspended 
     in the Senate only by an affirmative vote of three-fifths of 
     the Members, duly chosen and sworn.
       ``(2) Appeals.--Debate on appeals in the Senate from the 
     decisions of the Chair relating to any provision of this 
     section shall be equally divided between, and controlled by, 
     the appellant and the manager of the bill or joint 
     resolution, as the case may be. An affirmative vote of three-
     fifths of the Members of the Senate, duly chosen and sworn, 
     shall be required to sustain an appeal of the ruling of the 
     Chair on a point of order raised under subsection (b)(1).''.
       (2) Technical and conforming amendment.--The table of 
     contents in section 1(b) of the Congressional Budget Act of 
     1974 is amended by inserting after the item relating to 
     section 428 the following:

[[Page S5489]]

   ``PART C--Additional Limitations on Budgetary and Appropriations 
                              Legislation

``Sec. 441. Point of order against funding for contingency operations 
              that does not meet the requirements for emergency war 
              funding.''.
                                 ______
                                 
  SA 5999. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 10__. CATEGORICAL EXCLUSIONS IN ENVIRONMENTAL REVIEWS.

       (a) Definitions.--In this section:
       (1) Environmental assessment.--The term ``environmental 
     assessment'' has the meaning given the term in section 1508.1 
     of title 40, Code of Federal Regulations (or a successor 
     regulation).
       (2) Environmental impact statement.--The term 
     ``environmental impact statement'' means a detailed statement 
     required under section 102(2)(C) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
       (3) Proposed action.--The term ``proposed action'' means an 
     action (within the meaning of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.)) proposed to be 
     carried out by the Secretary under this Act.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Defense.
       (b) Categorical Exclusions.--
       (1) In general.--Notwithstanding any other provision of law 
     and subject to paragraph (2), the Secretary may, with respect 
     to a proposed action and without further approval, use a 
     categorical exclusion under title I of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) 
     that has been approved by--
       (A)(i) another Federal agency; and
       (ii) the Council on Environmental Quality; or
       (B) an Act of Congress.
       (2) Requirements.--The Secretary may use a categorical 
     exclusion described in paragraph (1) if the Secretary--
       (A) carefully reviews the description of the proposed 
     action to ensure that it fits within the category of actions 
     described in the categorical exclusion; and
       (B) considers the circumstances associated with the 
     proposed action to ensure that there are no extraordinary 
     circumstances that warrant the preparation of an 
     environmental assessment or an environmental impact 
     statement.
                                 ______
                                 
  SA 6000. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. DESIGNATION OF OVERLAND SUPERSONIC AND HYPERSONIC 
                   TESTING CORRIDOR.

       (a) Designation.--
       (1) In general.--Notwithstanding section 91.817 of title 
     14, Code of Federal Regulations, not later than 180 days 
     after the date of enactment of this section, the 
     Administrator of the Federal Aviation Administration (in this 
     section referred to as the ``Administrator''), in 
     consultation with the Secretary of Defense, shall designate 
     an overland supersonic and hypersonic testing corridor in the 
     United States that runs from Edwards Air Force Base, 
     California to the Utah Test and Training Range and Dugway 
     Proving Ground in Utah for the purposes described in 
     subsection (b).
       (2) Requirements.--
       (A) Military operation areas.--In designating the corridor 
     under paragraph (1), the Administrator shall--
       (i) to the extent practicable, designate the corridor 
     within existing military operation areas (in this section 
     referred to as ``MOA'') in the area described in such 
     paragraph; or
       (ii) if necessary, designate new MOA airspace to complete 
     the corridor and ensure that the corridor is suitable for 
     testing.
       (B) Increased altitude.--The Administrator shall--
       (i) set the vertical limits in the corridor designated 
     under paragraph (1) at FL 600; and
       (ii) increase, as necessary, the vertical limit of any 
     existing MOA in the corridor to FL 600.
       (b) Purposes of Designated Corridor.--The corridor 
     designated under subsection (a)(1) shall be used for the 
     following purposes:
       (1) To test supersonic and hypersonic military passenger 
     aircraft and military non-passenger aircraft.
       (2) To test supersonic and hypersonic civil aircraft 
     subject to subsection (e).
       (c) Testing Requirements.--Any supersonic or hypersonic 
     aircraft testing in the corridor designated under subsection 
     (a)(1) shall meet the following requirements:
       (1) The testing shall only occur between the hours of 7:00 
     AM and 7:00 PM (in the time zone in which the testing 
     occurs).
       (2) The testing shall not include any commercial passengers 
     or commercial cargo.
       (d) Special Flight Authorization Requirements.--With 
     respect to special flight authorizations under section 
     91.818(c) of title 14, Code of Federal Regulations, for civil 
     aircraft testing as described in subsection (b)(2), the 
     Administrator shall do the following:
       (1) Permit sonic boom overpressure.--In considering the 
     environmental findings to grant a special flight 
     authorization, the Administrator shall permit a measurable 
     amount of sonic boom overpressure outside of the corridor 
     designated under subsection (a)(1), as long as the available 
     data is sufficient for the Administrator to determine that 
     the sonic boom overpressure does not significantly affect the 
     quality of the human environment.
       (2) Noise impact data.--
       (A) In general.--Subject to subparagraph (B), in 
     considering the environmental findings to grant a special 
     flight authorization, the Administrator shall not require any 
     additional environmental impact analysis regarding noise 
     impact if--
       (i) an applicant presents data generated from FAA-approved 
     software; and
       (ii) such data reasonably demonstrates that there is no 
     additional noise impact due to the applicant's testing of 
     supersonic or hypersonic civil aircraft.
       (B) Exception.--The Administrator may require an additional 
     environmental impact analysis regarding noise impact if the 
     Administrator certifies that extraordinary circumstances 
     exist to justify such additional analysis.
       (3) Reuse of research and findings.--The Administrator 
     shall reuse any applicable research and findings from a prior 
     supersonic or hypersonic civil aircraft test and incorporate 
     such research and findings into any applicable analysis 
     necessary to grant a special flight authorization if the 
     prior supersonic or hypersonic civil aircraft test--
       (A) was under similar conditions to the testing proposed by 
     the applicant for the special flight authorization; and
       (B) considered similar issues or decisions as the testing 
     proposed by the applicant for the special flight 
     authorization.
       (e) Civil Testing.--The Secretary of Defense shall allow 
     civil aircraft testing as described in subsection (b)(2), 
     unless--
       (1) such testing would interfere with any military 
     operations or testing in the corridor; or
       (2) the Administrator has not granted a special flight 
     authorization under section 91.818(c) of title 14, Code of 
     Federal Regulations, for such testing.
                                 ______
                                 
  SA 6001. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1226. PROHIBITION ON USE OF FUNDS TO PROVIDE ASSISTANCE 
                   TO VETTED SYRIAN OPPOSITION.

       None of the funds authorized to be appropriated by this Act 
     may be obligated or expended for activities under section 
     1209 of the Carl Levin and Howard P. ``Buck'' McKeon National 
     Defense Authorization Act for Fiscal Year 2015 (Public Law 
     113-291; 127 Stat. 3541).
                                 ______
                                 
  SA 6002. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1026. CONSTRUCTION OF NAVAL VESSELS IN SHIPYARDS IN 
                   NORTH ATLANTIC TREATY ORGANIZATION COUNTRIES.

       Section 8679 of title 10, United States Code, is amended--
       (1) in subsection (a), by striking ``subsection (b)'' and 
     inserting ``subsections (b) and (c)'';

[[Page S5490]]

       (2) by redesignating subsection (c) as subsection (d); and
       (3) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Construction of Naval Vessels in Shipyards in NATO 
     Countries.--The Secretary of the Navy may construct a naval 
     vessel in a foreign shipyard if--
       ``(1) the shipyard is located within the boundaries of a 
     member country of the North Atlantic Treaty Organization; and
       ``(2) the cost of construction of such vessel in such 
     shipyard will be less than the cost of construction of such 
     vessel in a domestic shipyard.''.
                                 ______
                                 
  SA 6003. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title XII, add the following:

              Subtitle G--Military Humanitarian Operations

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Military Humanitarian 
     Operations Act of 2022''.

     SEC. 1282. MILITARY HUMANITARIAN OPERATION DEFINED.

       (a) In General.--In this subtitle, the term ``military 
     humanitarian operation'' means a military operation involving 
     the deployment of members or weapons systems of the United 
     States Armed Forces where hostile activities are reasonably 
     anticipated and with the aim of preventing or responding to a 
     humanitarian catastrophe, including its regional 
     consequences, or addressing a threat posed to international 
     peace and security. The term includes--
       (1) operations undertaken pursuant to the principle of the 
     ``responsibility to protect'' as referenced in United Nations 
     Security Council Resolution 1674 (2006);
       (2) operations specifically authorized by the United 
     Nations Security Council, or other international 
     organizations; and
       (3) unilateral deployments and deployments made in 
     coordination with international organizations, treaty-based 
     organizations, or coalitions formed to address specific 
     humanitarian catastrophes.
       (b) Operations Not Included.--The term ``military 
     humanitarian operation'' does not mean a military operation 
     undertaken for the following purposes:
       (1) Responding to or repelling attacks, or preventing 
     imminent attacks, on the United States or any of its 
     territorial possessions, embassies, or consulates, or members 
     of the United States Armed Forces.
       (2) Direct acts of reprisal for attacks on the United 
     States or any of its territorial possessions, embassies, or 
     consulates, or members of the United States Armed Forces.
       (3) Invoking the inherent right to individual or collective 
     self-defense in accordance with Article 51 of the Charter of 
     the United Nations.
       (4) Military missions to rescue United States citizens or 
     military or diplomatic personnel abroad.
       (5) Humanitarian missions in response to natural disasters 
     where no civil unrest or combat with hostile forces is 
     reasonably anticipated, and where such operation is for not 
     more than 30 days.
       (6) Actions to maintain maritime freedom of navigation, 
     including actions aimed at combating piracy.
       (7) Training exercises conducted by the United States Armed 
     Forces abroad where no combat with hostile forces is 
     reasonably anticipated.

     SEC. 1283. REQUIREMENT FOR CONGRESSIONAL AUTHORIZATION.

       The President may not deploy members of the United States 
     Armed Forces into the territory, airspace, or waters of a 
     foreign country for a military humanitarian operation not 
     previously authorized by statute unless--
       (1) the President submits to Congress a formal request for 
     authorization to use members of the Armed Forces for the 
     military humanitarian operation; and
       (2) Congress enacts a specific authorization for such use 
     of forces.

     SEC. 1284. SEVERABILITY.

       If any provision of this subtitle is held to be 
     unconstitutional, the remainder of the subtitle shall not be 
     affected.
                                 ______
                                 
  SA 6004. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ____. PARTICIPATION IN HEALTH SAVINGS ACCOUNTS.

       (a) In General.--Subparagraph (C) of section 223(c)(1) of 
     the Internal Revenue Code of 1986 is amended to read as 
     follows:
       ``(C) Special rule for individuals eligible for certain 
     department of defense or veterans benefits.--An individual 
     shall be treated as an eligible individual for any period if 
     the individual--
       ``(i) receives hospital care or medical services under any 
     law administered by the Secretary of Veterans Affairs for a 
     service-connected disability (within the meaning of section 
     101(16) of title 38, United States Code),
       ``(ii) is covered under the TRICARE program (as defined in 
     section 1072 of title 10, United States Code), or
       ``(iii) is enrolled in the system of annual patient 
     enrollment of the Department of Veterans Affairs established 
     and operated under section 1705(a) of title 38, United States 
     Code.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2023.

     SEC. ____. TREATMENT OF DIETARY SUPPLEMENTS AS MEDICAL 
                   EXPENSES FOR CERTAIN INDIVIDUALS.

       (a) In General.--Paragraph (2) of section 223(d) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new subparagraph:
       ``(E) Dietary supplements.--In the case of an individual to 
     whom subsection (c)(1)(C) applies, amounts paid for dietary 
     supplements shall be treated as paid for medical care. For 
     purposes of this paragraph, the term `dietary supplement' has 
     the meaning given such term by section 201(ff) of the Federal 
     Food, Drug, and Cosmetic Act.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2023.
                                 ______
                                 
  SA 6005. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1003. TREATMENT OF FUNDS RECEIVED BY NATIONAL GUARD 
                   BUREAU AS REIMBURSEMENT FROM STATES.

       Section 710 of title 32, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(g) Treatment of Reimbursed Funds.--Any funds received by 
     the National Guard Bureau from a State, the Commonwealth of 
     Puerto Rico, the District of Columbia, Guam, or the Virgin 
     Islands as reimbursement under this section for the use of 
     military property shall be credited to--
       ``(1) the appropriation, fund, or account used in incurring 
     the obligation; or
       ``(2) an appropriate appropriation, fund, or account 
     currently available for the purposes for which the 
     expenditures were made.''.
                                 ______
                                 
  SA 6006. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. ___. SECRETARY OF DEFENSE CONSIDERATION OF POWERED 
                   EXOSKELETONS AND HUMAN CONTROLLED ROBOTS FOR 
                   HEAVY LIFT SUSTAINMENT TASKS.

       Whenever the Secretary of Defense evaluates the research 
     and development of emerging war-fighting technologies, the 
     Secretary shall consider the use of full-body, autonomously 
     powered exoskeletons and semi-autonomous or tele-operated 
     single or dual-armed, human controlled robots used for heavy 
     lift sustainment tasks.
                                 ______
                                 
  SA 6007. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title IV, add the following:

[[Page S5491]]

  


                       Subtitle D--Other Matters

     SEC. 431. REPORTING ON END STRENGTH RATIONALES.

       Section 115a(b) of title 10, United States Code, is 
     amended--
       (1) by inserting ``(1)'' before ``The Secretary'';
       (2) by inserting ``, including an assessment of the most 
     important threats facing the United States by regional 
     command and how personnel end strength level requests address 
     those specific threats'' after ``in effect at the time''; and
       (3) by adding at the end the following new paragraph:
       ``(2) Not later than May 1 each year, the Secretary shall 
     provide a briefing to Congress including--
       ``(A) the rationale for recommended increases or decreases 
     in active, reserve, and civilian personnel for each component 
     of the Department of Defense;
       ``(B) the rationale for recommended increases or decreases 
     in active, reserve, and civilian personnel for each of the 
     regional combatant commands;
       ``(C) the primary functions or missions of military and 
     civilian personnel in each regional combatant command; and
       ``(D) an assessment of any areas in which decreases in 
     active, reserve, or civilian personnel would not result in a 
     decrease in readiness.''.
                                 ______
                                 
  SA 6008. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 2811. CLARIFICATION OF MILITARY CONSTRUCTION FUNDING 
                   UNDER CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 
                   BUDGET.

       Section 1701(d)(2) of the National Defense Authorization 
     Act for Fiscal Year 1994 (50 U.S.C. 1522(d)(2)) is amended by 
     inserting after ``military construction projects.'' the 
     following new sentence: ``For any military installation with 
     a dual mission set in which one mission falls under the 
     program, the office assigned under subsection (b)(1) shall be 
     the primary office for receipt of any funding requests for 
     military construction at such installation in support of the 
     mission of the program.''.
                                 ______
                                 
  SA 6009. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1052. GUARANTEEING DUE PROCESS FOR UNITED STATES 
                   CITIZENS AND LAWFUL PERMANENT RESIDENTS.

       (a) Short Title.--This section may be cited as the ``Due 
     Process Guarantee Act''.
       (b) Prohibition on the Indefinite Detention of Citizens and 
     Lawful Permanent Residents.--
       (1) Limitation on detention.--
       (A) In general.--Section 4001(a) of title 18, United States 
     Code, is amended--
       (i) by striking ``No citizen'' and inserting the following:
       ``(1) No citizen or lawful permanent resident of the United 
     States''; and
       (ii) by adding at the end the following:
       ``(2) Any Act of Congress that authorizes an imprisonment 
     or detention described in paragraph (1) shall be consistent 
     with the Constitution and shall expressly authorize such 
     imprisonment or detention.''.
       (B) Applicability.--Nothing in section 4001(a)(2) of title 
     18, United States Code, as added by subparagraph (A)(ii), may 
     be construed to limit, narrow, abolish, or revoke any 
     detention authority conferred by statute, declaration of war, 
     authorization to use military force, or similar authority 
     effective before the date of the enactment of this Act.
       (2) Relationship to an authorization to use military force, 
     declaration of war, or similar authority.--Section 4001 of 
     title 18, United States Code, as amended by paragraph (1), is 
     further amended--
       (A) by redesignating subsection (b) as subsection (c); and
       (B) by inserting after subsection (a) the following:
       ``(b)(1) No United States citizen or lawful permanent 
     resident who is apprehended in the United States may be 
     imprisoned or otherwise detained without charge or trial 
     unless such imprisonment or detention is expressly authorized 
     by an Act of Congress.
       ``(2) A general authorization to use military force, a 
     declaration of war, or any similar authority, on its own, may 
     not be construed to authorize the imprisonment or detention 
     without charge or trial of a citizen or lawful permanent 
     resident of the United States apprehended in the United 
     States.
       ``(3) Paragraph (2) shall apply to an authorization to use 
     military force, a declaration of war, or any similar 
     authority enacted before, on, or after the date of the 
     enactment of the Due Process Guarantee Act.
       ``(4) Nothing in this section may be construed to authorize 
     the imprisonment or detention of a citizen of the United 
     States, a lawful permanent resident of the United States, or 
     any other person who is apprehended in the United States.''.
                                 ______
                                 
  SA 6010. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        In section 521, strike subsection (g) and insert the 
     following:
       (g) Separate Vote Requirement for Induction of Men and 
     Women.--
       (1) Findings.--Congress makes the following findings:
       (A) Clause 12 of section 8 of article I of the Constitution 
     of the United States empowers Congress with the 
     responsibility to ``raise and support Armies''.
       (B) The United States first required military conscription 
     in the American Civil War under the Civil War Military Draft 
     Act of 1863.
       (C) The Selective Services Act of 1917 authorized the 
     President to draft additional forces beyond the volunteer 
     force to support exceedingly high demand for additional 
     forces when the U.S. entered the first World War.
       (D) The Selective Training and Service Act of 1940 was the 
     first authorization by Congress for conscription in peacetime 
     but limited the President's induction authority to ``no 
     greater number of men than the Congress shall hereafter make 
     specific appropriation for from time to time''.
       (E) Congress allowed induction authority to lapse in 1947.
       (F) Congress reinstated the President's induction authority 
     under the Selective Service Act of 1948 to raise troops for 
     United States participation in the Korean War.
       (G) Congress maintained the President's induction authority 
     under the Selective Service Act of 1948 through the beginning 
     of the Vietnam War.
       (H) Congress passed additional reforms to the draft under 
     the Military Selective Service Act of 1967 in response to 
     issues arising from United States engagement in the Vietnam 
     War.
       (I) Congress prohibited any further use of the draft after 
     July 1, 1973.
       (J) If a president seeks to reactivate the use of the 
     draft, Congress would have to enact a law providing 
     authorization for this purpose.
       (2) Amendment.--Section 17 of the Military Selective 
     Service Act (50 U.S.C. 3815) is amended by adding at the end 
     the following new subsection: Section 17 of the Military 
     Selective Service Act (50 U.S.C. 3815) is amended by adding 
     at the end the following new subsection:
       ``(d) No person shall be inducted for training and service 
     in the Armed Forces unless Congress first passes and there is 
     enacted--
       ``(1) a law expressly authorizing such induction into 
     service; and
       ``(2) a law authorizing separately--
       ``(A) the number of male persons subject to such induction 
     into service; and
       ``(B) the number of female persons subject to such 
     induction into service.''.
       (h) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     except that the amendments made by subsections (d) and (g) 
     shall take effect 1 year after such date of enactment.
                                 ______
                                 
  SA 6011. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 372. REPORT ON CARBON FIBER USED FOR DEPARTMENT OF 
                   DEFENSE PURPOSES.

       Not later than 120 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress 
     and relevant Federal agencies, as determined by the

[[Page S5492]]

     Secretary, which shall include the Department of Commerce, 
     and publish in the Federal Register, a report that contains 
     the following:
       (1) The percentages of each of the following categories of 
     military vehicles owned or scheduled to be owned by the 
     Department of Defense that utilize foreign-sourced carbon 
     fiber or domestic-sourced carbon fiber with foreign-sourced 
     polyacrylonitrile:
       (A) Next-generation aircraft and systems for such aircraft.
       (B) Hypersonic aircraft and vehicles.
       (C) Unmanned air vehicles.
       (2) A list of foreign countries from which the Department 
     of Defense imports carbon fiber or polyacrylonitrile, 
     including the amount imported from each country.
       (3) An assessment of the current state of production in the 
     United States of carbon fiber and polyacrylonitrile.
                                 ______
                                 
  SA 6012. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1262. REPORT ON ALLIED CONTRIBUTIONS TO THE COMMON 
                   DEFENSE.

       (a) Finding.--Congress finds that section 1003 of the 
     Department of Defense Authorization Act, 1985 (Public Law 98-
     525; 63 Stat. 2241)--
       (1) expresses the sense of Congress that, due to threats 
     that are ever-changing, Congress must be informed with 
     respect to allied contributions to the common defense to 
     properly assess the readiness of the United States and the 
     countries described in subsection (c)(2) for threats; and
       (2) requires the Secretary to submit to Congress an annual 
     report on the contributions of allies to the common defense.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the threats facing the United States--
       (A) extend beyond the global war on terror; and
       (B) include near-peer threats; and
       (2) the President should seek from each country described 
     in subsection (c)(2) acceptance of international security 
     responsibilities and agreements to make contributions to the 
     common defense in accordance with the collective defense 
     agreements or treaties to which such country is a party.
       (c) Reports on Allied Contributions to the Common 
     Defense.--
       (1) In general.--Not later than March 1 each year, the 
     Secretary, in coordination with the heads of other Federal 
     agencies, as the Secretary determines to be necessary, shall 
     submit to the appropriate committees of Congress a report 
     containing a description of--
       (A) the annual defense spending by each country described 
     in paragraph (2), including available data on nominal budget 
     figures and defense spending as a percentage of the gross 
     domestic products of each such country for the fiscal year 
     immediately preceding the fiscal year in which the report is 
     submitted;
       (B) the activities of each such country to contribute to 
     military or stability operations in which the Armed Forces of 
     the United States are a participant or may be called upon in 
     accordance with a cooperative defense agreement to which the 
     United States is a party;
       (C) any limitations placed by any such country on the use 
     of such contributions; and
       (D) any actions undertaken by the United States or by other 
     countries to minimize such limitations.
       (2) Countries described.--The countries described in this 
     paragraph are the following:
       (A) Each member state of the North Atlantic Treaty 
     Organization.
       (B) Each member state of the Gulf Cooperation Council.
       (C) Each country party to the Inter-American Treaty of 
     Reciprocal Assistance (Rio Treaty), done at Rio de Janeiro 
     September 2, 1947, and entered into force December 3, 1948 
     (TIAS 1838).
       (D) Australia.
       (E) Japan.
       (F) New Zealand.
       (G) The Philippines.
       (H) South Korea.
       (I) Thailand.
       (3) Form.--Each report under paragraph (1) shall be 
     submitted in unclassified form, but may contain a classified 
     annex.
       (4) Availability.--A report submitted under paragraph (1) 
     shall be made available on request to any Member of Congress.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
                                 ______
                                 
  SA 6013. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title X, add the following:

 Subtitle H--Congressional Approval of National Emergency Declarations

     SEC. 1081. SHORT TITLE.

       This subtitle may be cited as the ``Assuring that Robust, 
     Thorough, and Informed Congressional Leadership is Exercised 
     Over National Emergencies Act'' or the ``ARTICLE ONE Act''.

     SEC. 1082. CONGRESSIONAL REVIEW OF NATIONAL EMERGENCIES.

       Title II of the National Emergencies Act (50 U.S.C. 1621 et 
     seq.) is amended by striking sections 201 and 202 and 
     inserting the following:

     ``SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES.

       ``(a) Authority To Declare National Emergencies.--With 
     respect to Acts of Congress authorizing the exercise, during 
     the period of a national emergency, of any special or 
     extraordinary power, the President is authorized to declare 
     such a national emergency by proclamation. Such proclamation 
     shall immediately be transmitted to Congress and published in 
     the Federal Register.
       ``(b) Specification of Provisions of Law To Be Exercised.--
     No powers or authorities made available by statute for use 
     during the period of a national emergency shall be exercised 
     unless and until the President specifies the provisions of 
     law under which the President proposes that the President or 
     other officers will act in--
       ``(1) a proclamation declaring a national emergency under 
     subsection (a); or
       ``(2) one or more Executive orders relating to the 
     emergency published in the Federal Register and transmitted 
     to Congress.
       ``(c) Prohibition on Subsequent Actions if Emergencies Not 
     Approved.--
       ``(1) Subsequent declarations.--If a joint resolution of 
     approval is not enacted under section 203 with respect to a 
     national emergency before the expiration of the 30-day period 
     described in section 202(a), or with respect to a national 
     emergency proposed to be renewed under section 202(b), the 
     President may not, during the remainder of the term of office 
     of that President, declare a subsequent national emergency 
     under subsection (a) with respect to the same circumstances.
       ``(2) Exercise of authorities.--If a joint resolution of 
     approval is not enacted under section 203 with respect to a 
     power or authority specified by the President in a 
     proclamation under subsection (a) or an Executive order under 
     subsection (b)(2) with respect to a national emergency, the 
     President may not, during the remainder of the term of office 
     of that President, exercise that power or authority with 
     respect to that emergency.
       ``(d) Effect of Future Laws.--No law enacted after the date 
     of the enactment of this Act shall supersede this title 
     unless it does so in specific terms, referring to this title, 
     and declaring that the new law supersedes the provisions of 
     this title.

     ``SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMERGENCIES.

       ``(a) Temporary Effective Periods.--
       ``(1) In general.--A declaration of a national emergency 
     shall remain in effect for 30 days from the issuance of the 
     proclamation under section 201(a) (not counting the day on 
     which the proclamation was issued) and shall terminate when 
     that 30-day period expires unless there is enacted into law a 
     joint resolution of approval under section 203 with respect 
     to the proclamation.
       ``(2) Exercise of powers and authorities.--Any emergency 
     power or authority made available under a provision of law 
     specified pursuant to section 201(b) may be exercised 
     pursuant to a declaration of a national emergency for 30 days 
     from the issuance of the proclamation or Executive order (not 
     counting the day on which such proclamation or Executive 
     order was issued). That power or authority may not be 
     exercised after that 30-day period expires unless there is 
     enacted into law a joint resolution of approval under section 
     203 approving--
       ``(A) the proclamation of the national emergency or the 
     Executive order; and
       ``(B) the exercise of the power or authority specified by 
     the President in such proclamation or Executive order.
       ``(3) Exception if congress is unable to convene.--If 
     Congress is physically unable to convene as a result of an 
     armed attack upon the United States or another national 
     emergency, the 30-day periods described in paragraphs (1) and 
     (2) shall begin on the first day Congress convenes for the 
     first time after the attack or other emergency.
       ``(b) Renewal of National Emergencies.--A national 
     emergency declared by the President under section 201(a) or 
     previously renewed under this subsection, and not already 
     terminated pursuant to subsection (a) or (c), shall terminate 
     on the date that is one year after the President transmitted 
     to Congress the proclamation declaring the emergency or

[[Page S5493]]

     Congress approved a previous renewal pursuant to this 
     subsection, unless--
       ``(1) the President publishes in the Federal Register and 
     transmits to Congress an Executive order renewing the 
     emergency; and
       ``(2) there is enacted into law a joint resolution of 
     approval renewing the emergency pursuant to section 203 
     before the termination of the emergency or previous renewal 
     of the emergency.
       ``(c) Termination of National Emergencies.--
       ``(1) In general.--Any national emergency declared by the 
     President under section 201(a) shall terminate on the 
     earliest of--
       ``(A) the date provided for in subsection (a);
       ``(B) the date provided for in subsection (b);
       ``(C) the date specified in an Act of Congress terminating 
     the emergency; or
       ``(D) the date specified in a proclamation of the President 
     terminating the emergency.
       ``(2) Effect of termination.--
       ``(A) In general.--Effective on the date of the termination 
     of a national emergency under paragraph (1)--
       ``(i) except as provided by subparagraph (B), any powers or 
     authorities exercised by reason of the emergency shall cease 
     to be exercised;
       ``(ii) any amounts reprogrammed or transferred under any 
     provision of law with respect to the emergency that remain 
     unobligated on that date shall be returned and made available 
     for the purpose for which such amounts were appropriated; and
       ``(iii) any contracts entered into under any provision of 
     law relating to the emergency shall be terminated.
       ``(B) Savings provision.--The termination of a national 
     emergency shall not affect--
       ``(i) any legal action taken or pending legal proceeding 
     not finally concluded or determined on the date of the 
     termination under paragraph (1);
       ``(ii) any legal action or legal proceeding based on any 
     act committed prior to that date; or
       ``(iii) any rights or duties that matured or penalties that 
     were incurred prior to that date.

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

       ``(a) Joint Resolution of Approval Defined.--In this 
     section, the term `joint resolution of approval' means a 
     joint resolution that contains only the following provisions 
     after its resolving clause:
       ``(1) A provision approving--
       ``(A) a proclamation of a national emergency made under 
     section 201(a);
       ``(B) an Executive order issued under section 201(b)(2); or
       ``(C) an Executive order issued under section 202(b).
       ``(2) A provision approving a list of all or a portion of 
     the provisions of law specified by the President under 
     section 201(b) in the proclamation or Executive order that is 
     the subject of the joint resolution.
       ``(b) Procedures for Consideration of Joint Resolutions of 
     Approval.--
       ``(1) Introduction.--After the President transmits to 
     Congress a proclamation declaring a national emergency under 
     section 201(a), or an Executive order specifying emergency 
     powers or authorities under section 201(b)(2) or renewing a 
     national emergency under section 202(b), a joint resolution 
     of approval may be introduced in either House of Congress by 
     any member of that House.
       ``(2) Requests to convene congress during recesses.--If, 
     when the President transmits to Congress a proclamation 
     declaring a national emergency under section 201(a), or an 
     Executive order specifying emergency powers or authorities 
     under section 201(b)(2) or renewing a national emergency 
     under section 202(b), Congress has adjourned sine die or has 
     adjourned for any period in excess of 3 calendar days, the 
     majority leader of the Senate and the Speaker of the House of 
     Representatives, or their respective designees, acting 
     jointly after consultation with and with the concurrence of 
     the minority leader of the Senate and the minority leader of 
     the House, shall notify the Members of the Senate and House, 
     respectively, to reassemble at such place and time as they 
     may designate if, in their opinion, the public interest shall 
     warrant it.
       ``(3) Committee referral.--A joint resolution of approval 
     shall be referred in each House of Congress to the committee 
     or committees having jurisdiction over the emergency 
     authorities invoked by the proclamation or Executive order 
     that is the subject of the joint resolution.
       ``(4) Consideration in senate.--In the Senate, the 
     following shall apply:
       ``(A) Reporting and discharge.--If the committee to which a 
     joint resolution of approval has been referred has not 
     reported it at the end of 10 calendar days after its 
     introduction, that committee shall be automatically 
     discharged from further consideration of the resolution and 
     it shall be placed on the calendar.
       ``(B) Proceeding to consideration.--Notwithstanding Rule 
     XXII of the Standing Rules of the Senate, when the committee 
     to which a joint resolution of approval is referred has 
     reported the resolution, or when that committee is discharged 
     under subparagraph (A) from further consideration of the 
     resolution, it is at any time thereafter in order (even 
     though a previous motion to the same effect has been 
     disagreed to) for a motion to proceed to the consideration of 
     the joint resolution, and all points of order against the 
     joint resolution (and against consideration of the joint 
     resolution) are waived. The motion to proceed is subject to 4 
     hours of debate divided equally between those favoring and 
     those opposing the joint resolution of approval. The motion 
     is not subject to amendment, or to a motion to postpone, or 
     to a motion to proceed to the consideration of other 
     business.
       ``(C) Floor consideration.--A joint resolution of approval 
     shall be subject to 10 hours of consideration, to be divided 
     evenly between the proponents and opponents of the 
     resolution.
       ``(D) Amendments.--
       ``(i) In general.--Except as provided in clause (ii), no 
     amendments shall be in order with respect to a joint 
     resolution of approval.
       ``(ii) Amendments to strike or add specified provisions of 
     law.--Clause (i) shall not apply with respect to any 
     amendment--

       ``(I) to strike a provision or provisions of law from the 
     list required by subsection (a)(2); or
       ``(II) to add to that list a provision or provisions of law 
     specified by the President under section 201(b) in the 
     proclamation or Executive order that is the subject of the 
     joint resolution of approval.

       ``(E) Motion to reconsider final vote.--A motion to 
     reconsider a vote on passage of a joint resolution of 
     approval shall not be in order.
       ``(F) Appeals.--Points of order, including questions of 
     relevancy, and appeals from the decision of the Presiding 
     Officer, shall be decided without debate.
       ``(5) Consideration in house of representatives .--In the 
     House of Representatives, the following shall apply:
       ``(A) Reporting and discharge.--If any committee to which a 
     joint resolution of approval has been referred has not 
     reported it to the House within 10 calendar days after the 
     date of referral, such committee shall be discharged from 
     further consideration of the joint resolution.
       ``(B) Proceeding to consideration.--
       ``(i) In general.--Beginning on the third legislative day 
     after each committee to which a joint resolution of approval 
     has been referred reports it to the House or has been 
     discharged from further consideration, and except as provided 
     in clause (ii), it shall be in order to move to proceed to 
     consider the joint resolution in the House. The previous 
     question shall be considered as ordered on the motion to its 
     adoption without intervening motion. The motion shall not be 
     debatable. A motion to reconsider the vote by which the 
     motion is disposed of shall not be in order.
       ``(ii) Subsequent motions to proceed to joint resolution of 
     approval.--A motion to proceed to consider a joint resolution 
     of approval shall not be in order after the House has 
     disposed of another motion to proceed on that resolution.
       ``(C) Floor consideration.--Upon adoption of the motion to 
     proceed in accordance with subparagraph (B)(i), the joint 
     resolution of approval shall be considered as read. The 
     previous question shall be considered as ordered on the joint 
     resolution to final passage without intervening motion except 
     two hours of debate, which shall include debate on any 
     amendments, equally divided and controlled by the sponsor of 
     the joint resolution (or a designee) and an opponent. A 
     motion to reconsider the vote on passage of the joint 
     resolution shall not be in order.
       ``(D) Amendments.--
       ``(i) In general.--Except as provided in clause (ii), no 
     amendments shall be in order with respect to a joint 
     resolution of approval.
       ``(ii) Amendments to strike or add specified provisions of 
     law.--Clause (i) shall not apply with respect to any 
     amendment--

       ``(I) to strike a provision or provisions of law from the 
     list required by subsection (a)(2); or
       ``(II) to add to that list a provision or provisions of law 
     specified by the President under section 201(b) in the 
     proclamation or Executive order that is the subject of the 
     joint resolution.

       ``(6) Receipt of resolution from other house.--If, before 
     passing a joint resolution of approval, one House receives 
     from the other a joint resolution of approval from the other 
     House, then--
       ``(A) the joint resolution of the other House shall not be 
     referred to a committee and shall be deemed to have been 
     discharged from committee on the day it is received; and
       ``(B) the procedures set forth in paragraphs (3), (4), and 
     (5), as applicable, shall apply in the receiving House to the 
     joint resolution received from the other House to the same 
     extent as such procedures apply to a joint resolution of the 
     receiving House.
       ``(c) Rule of Construction.--The enactment of a joint 
     resolution of approval under this section shall not be 
     interpreted to serve as a grant or modification by Congress 
     of statutory authority for the emergency powers of the 
     President.
       ``(d) Rules of the House and Senate.--This section is 
     enacted by Congress--
       ``(1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     is deemed a part of the rules of each House, respectively, 
     but applicable only with respect to the procedure to be 
     followed in the House in the case of joint resolutions 
     described in this section, and supersedes other rules only to 
     the extent that it is inconsistent with such other rules; and

[[Page S5494]]

       ``(2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

     ``SEC. 204. EXCLUSION OF CERTAIN NATIONAL EMERGENCIES 
                   INVOKING INTERNATIONAL EMERGENCY ECONOMIC 
                   POWERS ACT.

       ``(a) In General.--In the case of a national emergency 
     described in subsection (b), the provisions of this Act, as 
     in effect on the day before the date of the enactment of the 
     Assuring that Robust, Thorough, and Informed Congressional 
     Leadership is Exercised Over National Emergencies Act, shall 
     continue to apply on and after such date of enactment.
       ``(b) National Emergency Described.--
       ``(1) In general.--A national emergency described in this 
     subsection is a national emergency pursuant to which the 
     President proposes to exercise emergency powers or 
     authorities made available under the International Emergency 
     Economic Powers Act (50 U.S.C. 1701 et seq.), supplemented as 
     necessary by a provision of law specified in paragraph (2).
       ``(2) Provisions of law specified.--The provisions of law 
     specified in this paragraph are--
       ``(A) the United Nations Participation Act of 1945 (22 
     U.S.C. 287 et seq.);
       ``(B) section 212(f) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(f)); or
       ``(C) any provision of law that authorizes the 
     implementation, imposition, or enforcement of economic 
     sanctions with respect to a foreign country.
       ``(c) Effect of Additional Powers and Authorities.--
     Subsection (a) shall not apply to a national emergency or the 
     exercise of emergency powers and authorities pursuant to the 
     national emergency if, in addition to the exercise of 
     emergency powers and authorities described in subsection (b), 
     the President proposes to exercise, pursuant to the national 
     emergency, any emergency powers and authorities under any 
     other provision of law.''.

     SEC. 1083. REPORTING REQUIREMENTS.

       Section 401 of the National Emergencies Act (50 U.S.C. 
     1641) is amended by adding at the end the following:
       ``(d) Report on Emergencies.--The President shall transmit 
     to Congress, with any proclamation declaring a national 
     emergency under section 201(a) or any Executive order 
     specifying emergency powers or authorities under section 
     201(b)(2) or renewing a national emergency under section 
     202(b), a report, in writing, that includes the following:
       ``(1) A description of the circumstances necessitating the 
     declaration of a national emergency, the renewal of such an 
     emergency, or the use of a new emergency authority specified 
     in the Executive order, as the case may be.
       ``(2) The estimated duration of the national emergency, or 
     a statement that the duration of the national emergency 
     cannot reasonably be estimated at the time of transmission of 
     the report.
       ``(3) A summary of the actions the President or other 
     officers intend to take, including any reprogramming or 
     transfer of funds, and the statutory authorities the 
     President and such officers expect to rely on in addressing 
     the national emergency.
       ``(4) In the case of a renewal of a national emergency, a 
     summary of the actions the President or other officers have 
     taken in the preceding one-year period, including any 
     reprogramming or transfer of funds, to address the emergency.
       ``(e) Provision of Information to Congress.--The President 
     shall provide to Congress such other information as Congress 
     may request in connection with any national emergency in 
     effect under title II.
       ``(f) Periodic Reports on Status of Emergencies.--If the 
     President declares a national emergency under section 201(a), 
     the President shall, not less frequently than every 6 months 
     for the duration of the emergency, report to Congress on the 
     status of the emergency and the actions the President or 
     other officers have taken and authorities the President and 
     such officers have relied on in addressing the emergency.''.

     SEC. 1084. EXCLUSION OF IMPOSITION OF DUTIES AND IMPORT 
                   QUOTAS FROM PRESIDENTIAL AUTHORITIES UNDER 
                   INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.

       Section 203 of the International Emergency Economic Powers 
     Act (50 U.S.C. 1702) is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c)(1) The authority granted to the President by this 
     section does not include the authority to impose duties or 
     tariff-rate quotas or (subject to paragraph (2)) other quotas 
     on articles entering the United States.
       ``(2) The limitation under paragraph (1) does not prohibit 
     the President from excluding all articles imported from a 
     country from entering the United States.''.

     SEC. 1085. CONFORMING AMENDMENTS.

       (a) National Emergencies Act.--Title III of the National 
     Emergencies Act (50 U.S.C. 1631) is repealed.
       (b) International Emergency Economic Powers Act.--Section 
     207 of the International Emergency Economic Powers Act (50 
     U.S.C. 1706) is amended--
       (1) in subsection (b), by striking ``concurrent 
     resolution'' and inserting ``joint resolution''; and
       (2) by adding at the end the following:
       ``(e) In this section, the term `National Emergencies Act' 
     means the National Emergencies Act, as in effect on the day 
     before the date of the enactment of the Assuring that Robust, 
     Thorough, and Informed Congressional Leadership is Exercised 
     Over National Emergencies Act.''.

     SEC. 1086. EFFECTIVE DATE; APPLICABILITY.

       (a) In General.--This subtitle and the amendments made by 
     this subtitle shall--
       (1) take effect on the date of the enactment of this Act; 
     and
       (2) except as provided in subsection (b), apply with 
     respect to national emergencies declared under section 201 of 
     the National Emergencies Act on or after that date.
       (b) Applicability to Renewals of Existing Emergencies.--
     When a national emergency declared under section 201 of the 
     National Emergencies Act before the date of the enactment of 
     this Act would expire or be renewed under section 202(d) of 
     that Act (as in effect on the day before such date of 
     enactment), that national emergency shall be subject to the 
     requirements for renewal under section 202(b) of that Act, as 
     amended by section 1082.
                                 ______
                                 
  SA 6014. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 624. CERTAIN ABSENCES WITHOUT LEAVE THAT RESULT FROM 
                   CONVICTIONS IN FOREIGN COUNTRIES TO BE 
                   CONSIDERED UNAVOIDABLE FOR PURPOSES OF PAY AND 
                   ALLOWANCES.

       Section 503 of title 37, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(c) Certain Absences Resulting From Convictions in 
     Foreign Countries.--For purposes of subsection (a), the 
     absence without leave or over leave of a member of the Army, 
     Navy, Air Force, Marine Corps, Space Force, Coast Guard, or 
     National Oceanic Atmospheric Administration shall be excused 
     as unavoidable if--
       ``(1) the member is absent without leave or over leave 
     because the member is in confinement by civil authorities, or 
     by military authorities for civil authorities, in a foreign 
     country and is tried and convicted in that country; and
       ``(2) the Secretary concerned determines that extraordinary 
     circumstances justify the excusal of the absence as 
     unavoidable.''.
                                 ______
                                 
  SA 6015. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 624. CERTAIN ABSENCES WITHOUT LEAVE THAT RESULT FROM 
                   CONVICTIONS IN FOREIGN COUNTRIES TO BE 
                   CONSIDERED UNAVOIDABLE FOR PURPOSES OF PAY AND 
                   ALLOWANCES.

       Section 503 of title 37, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(c) Certain Absences Resulting From Convictions in 
     Foreign Countries.--For purposes of subsection (a), the 
     absence without leave or over leave of a member of the Army, 
     Navy, Air Force, Marine Corps, Space Force, Coast Guard, or 
     National Oceanic Atmospheric Administration shall be excused 
     as unavoidable if--
       ``(1) the member is absent without leave or over leave 
     because the member is in confinement by civil authorities, or 
     by military authorities for civil authorities, in a foreign 
     country and is tried and convicted in that country; and
       ``(2) the Secretary concerned determines that the United 
     States has a strong interest in ameliorating the negative 
     effect of that conviction on the spouse or children of the 
     member.''.
                                 ______
                                 
  SA 6016. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel

[[Page S5495]]

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

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

     SEC. 632. CONTINUATION OF PAY AND BENEFITS FOR LIEUTENANT 
                   RIDGE ALKONIS.

       The Secretary of the Navy may continue to provide pay and 
     benefits to Lieutenant Ridge Alkonis until such time as the 
     Secretary makes a determination with respect to the 
     separation of Lieutenant Alkonis from the Navy.
                                 ______
                                 
  SA 6017. Mr. TOOMEY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. OVERSIGHT AND AUDIT AUTHORITY.

       Section 19010 of the CARES Act (31 U.S.C. 712 note) is 
     amended by adding at the end the following:
       ``(f) Limitation on Reports.--The Comptroller General shall 
     not include in any report under subsection (c) any discussion 
     or analysis of potential policy options to create a Federal 
     pandemic risk insurance program or business interruption 
     insurance program.''.
                                 ______
                                 
  SA 6018. Mr. TOOMEY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. TERMINATION OF CONGRESSIONAL OVERSIGHT 
                   COMMISSION.

       Section 4020(f) of the CARES Act (15 U.S.C. 9055(f)) is 
     amended by striking ``September 30, 2025'' and inserting 
     ``December 31, 2022''.
                                 ______
                                 
  SA 6019. Mr. TOOMEY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. MASTER ACCOUNT DATABASE.

       The Federal Reserve Act is amended by inserting after 
     section 11B (12 U.S.C. 248b et seq.) the following:

     ``SEC. 11C. MASTER ACCOUNT DATABASE.

       ``(a) Definitions.--In this section:
       ``(1) Application.--The term `application' means an 
     application for a master account, including an application 
     under Operating Circular 1 of the Board and any successive 
     operating circulars or similar forms.
       ``(2) Master account.--The term `master account' means an 
     account for--
       ``(A) any service offered under section 11A(b); or
       ``(B) any deposit received under the first undesignated 
     paragraph of section 13.
       ``(b) Publishing Master Account Information.--
       ``(1) Online database.--The Board shall create and maintain 
     a public, online, and searchable database that contains--
       ``(A) a list of every entity that currently holds a master 
     account, including the date on which the master account was 
     granted;
       ``(B) a list of every entity that held a master account in 
     the 10 years prior to the date of enactment of this section 
     but no longer holds that master account, including the dates 
     on which the master account was granted and terminated;
       ``(C) a list of every entity that has applied for a master 
     account in the 10 years prior to the date of enactment of 
     this section, including whether, and the dates on which, the 
     application was approved, rejected, pending, or withdrawn;
       ``(D) a list of every entity that applies for a master 
     account after enactment of this section, including whether, 
     and the dates on which, the application was approved, 
     rejected, pending, or withdrawn; and
       ``(E) for each list described in subparagraphs (A) through 
     (D)--
       ``(i) a description of the type of entity that holds or 
     applied for a master account, including whether such entity 
     is an insured depository institution, as defined in section 3 
     of the Federal Deposit Insurance Act (12 U.S.C. 1813), or a 
     depository institution that is not an insured depository 
     institution; and
       ``(ii) the provision of law authorizing each entity to hold 
     the master account.
       ``(2) Database updates.--Not less frequently than once 
     every month, the Board shall update the database to add any 
     new information required under paragraph (1).
       ``(3) Deadline.--Not later than 90 days after the date of 
     enactment of this section, the Board shall publish on the 
     database the information required under paragraph (1).
       ``(c) Explanations of Application Rejections.--Not later 
     than 90 days after the Board rejects an application or after 
     an application is submitted but not approved by the Board, 
     the Board shall 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 
     includes an explanation of that rejection or failure to 
     approve that application.''.
                                 ______
                                 
  SA 6020. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. REPEAL OF LIMITATION ON AWARDING CONTRACTS TO 
                   ENTITIES OPERATING COMMERCIAL TERRESTRIAL 
                   COMMUNICATION NETWORKS THAT CAUSE HARMFUL 
                   INTERFERENCE WITH THE GLOBAL POSITIONING 
                   SYSTEM.

       Section 1662 of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 
     2281 note; Public Law 116-283) is repealed.
                                 ______
                                 
  SA 6021. Mr. OSSOFF (for himself, Mr. Rounds, and Mrs. Shaheen) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for fiscal 
year 2023 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. PLAN TO ELIMINATE RECORDS BACKLOG AT THE NATIONAL 
                   PERSONNEL RECORDS CENTER.

       (a) Plan Required.--Not later than 60 days after the date 
     of the enactment of this Act, the Archivist of the United 
     States shall submit to the appropriate congressional 
     committees a comprehensive plan to eliminate the backlog of 
     requests for records from the National Personnel Records 
     Center and to improve the efficiency and responsiveness of 
     operations at the National Personnel Records Center, that 
     includes, at a minimum, the following:
       (1) The number and percentage of unresolved veteran record 
     requests that have been pending for more than--
       (A) 20 days;
       (B) 90 days; and
       (C) one year.
       (2) Target timeframes to eliminate the backlog.
       (3) A detailed plan for using existing funds to improve 
     information technology infrastructure, including secure 
     access to appropriate agency Federal records, to prevent 
     future backlogs.
       (4) Actions to improve customer service for requesters.
       (5) Measurable goals with respect to the comprehensive plan 
     and metrics for tracking progress toward such goals.
       (6) Strategies to prevent future record request backlogs, 
     including backlogs caused by an event that prevents employees 
     of the Center from reporting to work in person.
       (b) Updates.--Not later than 90 days after the date on 
     which the comprehensive plan is submitted under subsection 
     (a), and semiannually thereafter until the National Personnel 
     Records Center resolves 90 percent of all requests for 
     separation documents (other than documents subject to fees or 
     involving records damaged or lost in the 1973 fire) in 20 
     days or less, the Archivist of the United States shall submit 
     to the appropriate congressional committees an update of such 
     plan that--
       (1) describes progress made by the National Personnel 
     Records Center during the preceding 180-day period with 
     respect to record request backlog reduction and efficiency 
     and responsiveness improvement;
       (2) provides data on progress made toward the goals 
     identified in the comprehensive plan; and

[[Page S5496]]

       (3) describes any changes made to the comprehensive plan.
       (c) Consultation Requirement.--In carrying out subsections 
     (a) and (b), the Archivist of the United States shall consult 
     with the Secretary of Veterans Affairs.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Veterans' Affairs of the Senate; 
     and
       (2) the Committee on Oversight and Reform and the Committee 
     on Veterans' Affairs of the House of Representatives.

     SEC. ___. ADDITIONAL FUNDING.

       In addition to amounts otherwise available, there is 
     authorized to be appropriated to the National Archives and 
     Records Administration, $60,000,000 to address backlogs in 
     responding to requests from veterans for military personnel 
     records, improve cybersecurity, improve digital preservation 
     and access to archival Federal records, and address backlogs 
     in requests made under section 552 of title 5, United States 
     Code (commonly referred to as the ``Freedom of Information 
     Act''). Such amounts may also be used for the Federal Records 
     Center Program.

     SEC. ___. ADDITIONAL STAFFING.

       Not later than 30 days after the date of the enactment of 
     this Act, the Archivist of the United States shall ensure 
     that the National Personnel Records Center maintains staffing 
     levels that enable the maximum processing of records requests 
     possible in order to achieve the performance goal of 
     responding to 90 percent of all requests for separation 
     documents (other than documents subject to fees or involving 
     records damaged or lost in the 1973 fire) serviced in 20 days 
     or less.

     SEC. ___. ADDITIONAL REPORTING.

       The Inspector General for the National Archives and Records 
     Administration shall, for two years following the date of the 
     enactment of this Act, include in every semiannual report 
     submitted to Congress pursuant to the Inspector General Act 
     of 1978, a detailed summary of--
       (1) efforts taken by the National Archives and Records 
     Administration to address the backlog of records requests at 
     the National Personnel Records Center; and
       (2) any recommendations for action proposed by the 
     Inspector General related to reducing the backlog of records 
     requests at the National Personnel Records Center and the 
     status of compliance with those recommendations by the 
     National Archives and Records Administration.
                                 ______
                                 
  SA 6022. Mr. TOOMEY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 112. REPORT ON HEAVY DUMP TRUCK REQUIREMENTS FOR THE 
                   ARMY.

       Not later than March 6, 2023, the Secretary of the Army 
     shall submit to Congress a report setting forth the 
     following:
       (1) The number of heavy dump trucks needed by the Army for 
     the regular component of the Army, the Army National Guard of 
     the United States, and the Army Reserve.
       (2) The number of heavy dump trucks the Army has procured 
     using amounts appropriated for fiscal year 2022 as of the 
     date on which the report is submitted.
       (3) The reason for the Army's request for appropriations 
     for heavy dump trucks for fiscal year 2023.
       (4) A description of the rationale for the Army's request 
     for appropriations for heavy dump trucks for fiscal year 
     2024.
       (5) A strategy projecting procurement quantities by year 
     for heavy dump trucks to achieve program requirements.
                                 ______
                                 
  SA 6023. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1064. REPORT ON THE DEMILITARIZATION ABROAD OF 
                   UNSERVICEABLE MUNITIONS LOCATED OUTSIDE THE 
                   UNITED STATES.

       (a) In General.--Not later than 180 days after the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report setting forth an assessment of the 
     feasibility and advisability of demilitarizing abroad 
     unserviceable munitions that are located outside the United 
     States in order to avoid the costs of transporting such 
     munitions to the United States for demilitarization.
       (b) Considerations.--In preparing the evaluation required 
     for the report, the Secretary shall take into account the 
     following:
       (1) The need for mitigation of adverse environmental 
     impacts, or impacts to the health and safety of local 
     populations, in the demilitarization of unserviceable 
     munitions.
       (2) The availability and ease of use of munitions 
     demilitarization technologies and mechanisms abroad, whether 
     or not currently in use by the Army, including available non-
     incineration technologies.
       (3) Any costs savings achievable through demilitarization 
     of unserviceable munitions abroad.
       (c) Technologies.--If the Secretary determines for purposes 
     of the report that the demilitarization abroad of 
     unserviceable munitions located outside the United States is 
     feasible and advisable, the report shall include a 
     description and assessment of various technologies and other 
     mechanisms that would be suitable for such demilitarization.
                                 ______
                                 
  SA 6024. Mr. MENENDEZ (for himself, Mr. Risch, Mr. Kaine, Mr. 
Cassidy, Mr. Cardin, and Mr. Rubio) submitted an amendment intended to 
be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of title XII, add the following:

       Subtitle G--United States-Ecuador Partnership Act of 2022

     SEC. 1281. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This subtitle may be cited as the 
     ``United States-Ecuador Partnership Act of 2022''.
       (b) Table of Contents.--The table of contents for this 
     subtitle is as follows:

       Subtitle G--United States-Ecuador Partnership Act of 2022

Sec. 1281. Short title; table of contents.
Sec. 1282. Findings.
Sec. 1283. Sense of Congress.
Sec. 1284. Facilitating economic and commercial ties.
Sec. 1285. Promoting inclusive economic development.
Sec. 1286. Combating illicit economies, corruption, and negative 
              foreign influence.
Sec. 1287. Strengthening democratic governance.
Sec. 1288. Fostering conservation and stewardship.
Sec. 1289. Authorization to transfer excess Coast Guard vessels.
Sec. 1290. Reporting requirements.
Sec. 1291. Sunset.

     SEC. 1282. FINDINGS.

       (a) Findings.--Congress makes the following findings:
       (1) The United States and Ecuador have a history of 
     bilateral cooperation grounded in mutual respect, shared 
     democratic values, and mutual security interests.
       (2) On February 7, 2021, and April 11, 2021, Ecuador held 
     democratic elections that included parties from across the 
     political spectrum, paving the way for continued progress 
     towards strengthening democratic institutions.
       (3) The United States and Ecuador share strategic interests 
     in strengthening Ecuador's democratic institutions, 
     generating inclusive economic growth, and building capacity 
     in law enforcement, anti-corruption, and conservation 
     efforts.
       (4) The United States and Ecuador historically have enjoyed 
     strong commercial, investment, and economic ties, yet Ecuador 
     continues to face significant challenges to inclusive 
     economic development, including--
       (A) the heavy economic toll of the COVID-19 pandemic;
       (B) vulnerabilities with respect to the growing role of the 
     People's Republic of China in the financing and refinancing 
     of Ecuador's debts, and in strategic infrastructure projects 
     and sectors of the Ecuadorian economy; and
       (C) the need to develop and strengthen open and transparent 
     economic policies that strengthen Ecuador's integration with 
     global markets, inclusive economic growth, and opportunities 
     for upward social mobility for the Ecuadorian people.
       (5) Since its establishment in December 2019, the United 
     States Development Finance Corporation has provided more than 
     $440,000,000 in financing to Ecuador.
       (6) Ecuador's justice system has taken important steps to 
     fight corruption and criminality and to increase 
     accountability. However, enduring challenges to the rule of 
     law in Ecuador, including the activities of transnational 
     criminal organizations, illicit mining, illegal, unreported, 
     and unregulated (IUU) fishing, and undemocratic actors, 
     present ongoing risks for political and social stability in 
     Ecuador.
       (7) The activities undertaken by the Government of the 
     People's Republic of China in Ecuador, including its 
     development of the

[[Page S5497]]

     ECU-911 video surveillance and facial recognition system, 
     financing of the corruptly managed and environmentally 
     deleterious Coca Codo Sinclair Dam, and support for illegal, 
     unreported, and unregulated fishing practices around the 
     Galapagos Islands, pose risks to democratic governance and 
     biodiversity in the country.
       (8) Ecuador, which is home to several of the Earth's most 
     biodiverse ecosystems, including the Galapagos Islands, the 
     headwaters of the Amazon river, the Condor mountain range, 
     and the Yasuni Biosphere Reserve, has seen a reduction in its 
     rainforests between 1990 and 2016, due in part to the 
     incursion of criminal networks into protected areas.
       (9) On March 24, 2021, the Senate unanimously approved 
     Senate Resolution 22 (117th Congress), reaffirming the 
     partnership between the United States and the Republic of 
     Ecuador, and recognizing the restoration and advancement of 
     economic relations, security, and development opportunities 
     in both nations.
       (10) On August 13, 2021, the United States and Ecuador 
     celebrated the entry into force of the Protocol to the Trade 
     and Investment Council Agreement between the Government of 
     the United States of America and the Government of the 
     Republic of Ecuador Relating to Trade Rules and Transparency, 
     recognizing the steps Ecuador has taken to decrease 
     unnecessary regulatory burden and create a more transparent 
     and predictable legal framework for foreign direct investment 
     in recent years.

     SEC. 1283. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the United States should take additional steps to 
     strengthen its bilateral partnership with Ecuador, including 
     by developing robust trade and investment frameworks, 
     increasing law enforcement cooperation, renewing the 
     activities of the United States Agency for International 
     Development in Ecuador, and supporting Ecuador's response to 
     and recovery from the COVID-19 pandemic, as necessary and 
     appropriate; and
       (2) strengthening the United States-Ecuador partnership 
     presents an opportunity to advance core United States 
     national security interests and work with other democratic 
     partners to maintain a prosperous, politically stable, and 
     democratic Western Hemisphere that is resilient to malign 
     foreign influence.

     SEC. 1284. FACILITATING ECONOMIC AND COMMERCIAL TIES.

       The Secretary of State, in coordination with the Secretary 
     of Commerce, the United States Trade Representative, the 
     Secretary of the Treasury, and the heads of other relevant 
     Federal departments and agencies, as appropriate, shall 
     develop and implement a strategy to strengthen commercial and 
     economic ties between the United States and Ecuador by--
       (1) promoting cooperation and information sharing to 
     encourage awareness of and increase trade and investment 
     opportunities between the United States and Ecuador;
       (2) supporting efforts by the Government of Ecuador to 
     promote a more open, transparent, and competitive business 
     environment, including by lowering trade barriers, 
     implementing policies to reduce trading times, and improving 
     efficiencies to expedite customs operations for importers and 
     exporters of all sizes, in all sectors, and at all entry 
     ports in Ecuador;
       (3) establishing frameworks or mechanisms to review the 
     long term financial sustainability and security implications 
     of foreign investments in Ecuador in strategic sectors or 
     services;
       (4) establishing competitive and transparent infrastructure 
     project selection and procurement processes in Ecuador that 
     promote transparency, open competition, financial 
     sustainability, and robust adherence to global standards and 
     norms;
       (5) developing programs to help the Government of Ecuador 
     improve efficiency and transparency in customs 
     administration, including through support for the Government 
     of Ecuador's ongoing efforts to digitize its customs process 
     and accept electronic documents required for the import, 
     export, and transit of goods under specific international 
     standards, as well as related training to expedite customs, 
     security, efficiency, and competitiveness;
       (6) spurring digital transformation that would advance--
       (A) the provision of digitized government services with the 
     greatest potential to improve transparency, lower business 
     costs, and expand citizens' access to public services and 
     public information;
       (B) the provision of transparent and affordable access to 
     the internet and digital infrastructure; and
       (C) best practices to mitigate the risks to digital 
     infrastructure by doing business with communication networks 
     and communications supply chains with equipment and services 
     from companies with close ties to or susceptible to pressure 
     from governments or security services without reliable legal 
     checks on governmental powers; and
       (7) identifying, as appropriate, a role for the United 
     States International Development Finance Corporation, the 
     Millennium Challenge Corporation, the United States Agency 
     for International Development, and the United States private 
     sector in supporting efforts to increase private sector 
     investment and strengthen economic prosperity.

     SEC. 1285. PROMOTING INCLUSIVE ECONOMIC DEVELOPMENT.

       The Administrator of the United States Agency for 
     International Development, in coordination with the Secretary 
     of State and the heads of other relevant Federal departments 
     and agencies, as appropriate, shall develop and implement a 
     strategy and related programs to support inclusive economic 
     development across Ecuador's national territory by--
       (1) facilitating increased access to public and private 
     financing, equity investments, grants, and market analysis 
     for small and medium-sized businesses;
       (2) providing technical assistance to local governments to 
     formulate and enact local development plans that invest in 
     Indigenous and Afro-Ecuadorian communities;
       (3) connecting rural agricultural networks, including 
     Indigenous and Afro-Ecuadorian agricultural networks, to 
     consumers in urban centers and export markets, including 
     through infrastructure construction and maintenance programs 
     that are subject to audits and carefully designed to minimize 
     potential environmental harm;
       (4) partnering with local governments, the private sector, 
     and local civil society organizations, including 
     organizations representing marginalized communities and 
     faith-based organizations, to provide skills training and 
     investment in support of initiatives that provide 
     economically viable, legal alternatives to participating in 
     illegal economies; and
       (5) connecting small scale fishing enterprises to consumers 
     and export markets, in order to reduce vulnerability to 
     organized criminal networks.

     SEC. 1286. COMBATING ILLICIT ECONOMIES, CORRUPTION, AND 
                   NEGATIVE FOREIGN INFLUENCE.

       The Secretary of State shall develop and implement a 
     strategy and related programs to increase the capacity of 
     Ecuador's justice system and law enforcement authorities to 
     combat illicit economies, corruption, transnational criminal 
     organizations, and the harmful influence of malign foreign 
     and domestic actors by--
       (1) providing technical assistance and support to 
     specialized units within the Attorney General's office to 
     combat corruption and to promote and protect internationally 
     recognized human rights in Ecuador, including the 
     Transparency and Anti-Corruption Unit, the Anti-Money 
     Laundering Unit, the Task Force to Combat Corruption in 
     Central America, and the Environmental Crimes Unit;
       (2) strengthening bilateral assistance and complementary 
     support through multilateral anti-corruption mechanisms, as 
     necessary and appropriate, to counter corruption and recover 
     assets derived from corruption, including through 
     strengthening independent inspectors general to track and 
     reduce corruption;
       (3) improving the technical capacity of prosecutors and 
     financial institutions in Ecuador to combat corruption by--
       (A) detecting and investigating suspicious financial 
     transactions, and conducting asset forfeitures and criminal 
     analysis; and
       (B) combating money laundering, financial crimes, and 
     extortion;
       (4) providing technical assistance and material support 
     (including, as appropriate, radars, vessels, and 
     communications equipment) to vetted specialized units of 
     Ecuador's national police and the armed services to disrupt, 
     degrade, and dismantle organizations involved in illicit 
     narcotics trafficking, transnational criminal activities, 
     illicit mining, and illegal, unregulated, and unreported 
     fishing, among other illicit activities;
       (5) providing technical assistance to address challenges 
     related to Ecuador's penitentiary and corrections system;
       (6) strengthening the regulatory framework of mining 
     through collaboration with key Ecuadorian institutions, such 
     as the Interior Ministry's Special Commission for the Control 
     of Illegal Mining and the National Police's Investigative 
     Unit on Mining Crimes, and providing technical assistance in 
     support of their law enforcement activities;
       (7) providing technical assistance to judges, prosecutors, 
     and ombudsmen to increase capacity to enforce laws against 
     human smuggling and trafficking, illicit mining, illegal 
     logging, illegal, unregulated, and unreported (IUU) fishing, 
     and other illicit economic activities;
       (8) providing support to the Government of Ecuador to 
     prevent illegal, unreported, and unregulated fishing, 
     including through expanding detection and response 
     capabilities, and the use of dark vessel tracing technology;
       (9) supporting multilateral efforts to stem illegal, 
     unreported, and unregulated fishing with neighboring 
     countries in South America and within the South Pacific 
     Regional Fisheries Management Organisation;
       (10) assisting the Government of Ecuador's efforts to 
     protect defenders of internationally recognized human rights, 
     including through the work of the Office of the Ombudsman of 
     Ecuador, and by encouraging the inclusion of Indigenous and 
     Afro-Ecuadorian communities and civil society organizations 
     in this process;
       (11) supporting efforts to improve transparency, uphold 
     accountability, and build capacity within the Office of the 
     Comptroller General;
       (12) enhancing the institutional capacity and technical 
     capabilities of defense and security institutions of Ecuador 
     to conduct national or regional security missions, including 
     through regular bilateral and multilateral cooperation, 
     foreign military financing,

[[Page S5498]]

     international military education, and training programs, 
     consistent with applicable Ecuadorian laws and regulations;
       (13) enhancing port management and maritime security 
     partnerships to disrupt, degrade, and dismantle transnational 
     criminal networks and facilitate the legitimate flow of 
     people, goods, and services; and
       (14) strengthening cybersecurity cooperation--
       (A) to effectively respond to cybersecurity threats, 
     including state-sponsored threats;
       (B) to share best practices to combat such threats;
       (C) to help develop and implement information architectures 
     that respect individual privacy rights and reduce the risk 
     that data collected through such systems will be exploited by 
     malign state and non-state actors;
       (D) to strengthen resilience against cyberattacks, 
     misinformation, and propaganda; and
       (E) to strengthen the resilience of critical 
     infrastructure.

     SEC. 1287. STRENGTHENING DEMOCRATIC GOVERNANCE.

       (a) Strengthening Democratic Governance.--The Secretary of 
     State, in coordination with the Administrator of the United 
     States Agency for International Development, should develop 
     and implement initiatives to strengthen democratic governance 
     in Ecuador by supporting--
       (1) measures to improve the capacity of national and 
     subnational government institutions to govern through 
     transparent, inclusive, and democratic processes;
       (2) efforts that measurably enhance the capacity of 
     political actors and parties to strengthen democratic 
     institutions and the rule of law;
       (3) initiatives to strengthen democratic governance, 
     including combating political, administrative, and judicial 
     corruption and improving transparency of the administration 
     of public budgets; and
       (4) the efforts of civil society organizations and 
     independent media--
       (A) to conduct oversight of the Government of Ecuador and 
     the National Assembly of Ecuador;
       (B) to promote initiatives that strengthen democratic 
     governance, anti-corruption standards, and public and private 
     sector transparency; and
       (C) to foster political engagement between the Government 
     of Ecuador, including the National Assembly of Ecuador, and 
     all parts of Ecuadorian society, including women, indigenous 
     communities, and Afro-Ecuadorian communities.
       (b) Legislative Strengthening.--The Administrator of the 
     United States Agency for International Development, working 
     through the Consortium for Elections and Political Process 
     Strengthening or any equivalent or successor mechanism, shall 
     develop and implement programs to strengthen the National 
     Assembly of Ecuador by providing training and technical 
     assistance to--
       (1) members and committee offices of the National Assembly 
     of Ecuador, including the Ethics Committee and Audit 
     Committee;
       (2) assist in the creation of entities that can offer 
     comprehensive and independent research and analysis on 
     legislative and oversight matters pending before the National 
     Assembly, including budgetary and economic issues; and
       (3) improve democratic governance and government 
     transparency, including through effective legislation.
       (c) Bilateral Legislative Cooperation.--To the degree 
     practicable, in implementing the programs required under 
     subsection (b), the Administrator of the United States Agency 
     for International Development should facilitate meetings and 
     collaboration between members of the United States Congress 
     and the National Assembly of Ecuador.

     SEC. 1288. FOSTERING CONSERVATION AND STEWARDSHIP.

       The Administrator of the United States Agency for 
     International Development, in coordination with the Secretary 
     of State and the heads of other relevant Federal departments 
     and agencies, shall develop and implement programs and 
     enhance existing programs, as necessary and appropriate, to 
     improve ecosystem conservation and enhance the effective 
     stewardship of Ecuador's natural resources by--
       (1) providing technical assistance to Ecuador's Ministry of 
     the Environment to safeguard national parks and protected 
     forests and protected species, while promoting the 
     participation of Indigenous communities in this process;
       (2) strengthening the capacity of communities to access the 
     right to prior consultation, encoded in Article 57 of the 
     Constitution of Ecuador and related laws, executive decrees, 
     administrative acts, and ministerial regulations;
       (3) supporting Indigenous and Afro-Ecuadorian communities 
     as they raise awareness of threats to biodiverse ancestral 
     lands, including through support for local media in such 
     communities and technical assistance to monitor illicit 
     activities;
       (4) partnering with the Government of Ecuador in support of 
     reforestation and improving river, lake, and coastal water 
     quality;
       (5) providing assistance to communities affected by illegal 
     mining and deforestation; and
       (6) fostering mechanisms for cooperation on emergency 
     preparedness and rapid recovery from natural disasters, 
     including by--
       (A) establishing regional preparedness, recovery, and 
     emergency management centers to facilitate rapid response to 
     survey and help maintain planning on regional disaster 
     anticipated needs and possible resources; and
       (B) training disaster recovery officials on latest 
     techniques and lessons learned from United States 
     experiences.

     SEC. 1289. AUTHORIZATION TO TRANSFER EXCESS COAST GUARD 
                   VESSELS.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should undertake efforts to expand 
     cooperation with the Government of Ecuador to--
       (1) ensure protections for the Galapagos Marine Reserve;
       (2) deter illegal, unreported, and unregulated fishing; and
       (3) increase interdiction of narcotics trafficking and 
     other forms of illicit trafficking.
       (b) Authority to Transfer Excess Coast Guard Vessels to the 
     Government of Ecuador.--The President shall conduct a joint 
     assessment with the Government of Ecuador to ensure 
     sufficient capacity exists to maintain Island class cutters. 
     Upon completion of a favorable assessment, the President is 
     authorized to transfer up to two ISLAND class cutters to the 
     Government of Ecuador as excess defense articles pursuant to 
     the authority of section 516 of the Foreign Assistance Act 
     (22 U.S.C. 2321j).
       (c) Grants Not Counted in Annual Total of Transferred 
     Excess Defense Articles.--The value of a vessel transferred 
     to another country on a grant basis pursuant to authority 
     provided by subsection (b) shall not be counted against the 
     aggregate value of excess defense articles transferred in any 
     fiscal year under section 516 of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2321j).
       (d) Costs of Transfers.--Any expense incurred by the United 
     States in connection with a transfer authorized by this 
     section shall be charged to the recipient notwithstanding 
     section 516(e) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2321j(e)).
       (e) Repair and Refurbishment in United States Shipyards.--
     To the maximum extent practicable, the President shall 
     require, as a condition of the transfer of a vessel under 
     this section, that the recipient to which the vessel is 
     transferred have such repair or refurbishment of the vessel 
     as is needed, before the vessel joins the naval forces of 
     that recipient, performed at a shipyard located in the United 
     States.
       (f) Expiration of Authority.--The authority to transfer a 
     vessel under this section shall expire at the end of the 3-
     year period beginning on the date of the enactment of this 
     Act.

     SEC. 1290. REPORTING REQUIREMENTS.

       (a) Secretary of State.--The Secretary of State, in 
     coordination with the heads of other relevant Federal 
     departments and agencies as described in sections 1284, 1286, 
     and 1287(a), shall--
       (1) not later than 180 days after the date of the enactment 
     of this Act, submit to the appropriate congressional 
     committees a comprehensive strategy to address the 
     requirements described in sections 1284, 1286, and 1287(a); 
     and
       (2) not later than 2 years and 4 years after submitting the 
     comprehensive strategy under paragraph (1), submit to the 
     appropriate congressional committees a report describing the 
     implementation of the strategy.
       (b) Administrator of the United States Agency for 
     International Development.--The Administrator of the United 
     States Agency for International Development, in coordination 
     with the heads of other relevant Federal departments and 
     agencies as described in sections 1285, 1287(b), and 1288, 
     shall--
       (1) not later than 180 days after the date of the enactment 
     of this Act, submit to appropriate congressional committees a 
     comprehensive strategy to address the requirements described 
     in sections 1284, 1287(b), and 1288; and
       (2) not later than 2 years and 4 years after submitting the 
     comprehensive strategy under paragraph (1), submit to the 
     appropriate congressional committees a report describing the 
     implementation of the strategy.
       (c) Submission.--The strategies and reports required under 
     subsections (a) and (b) may be submitted to the appropriate 
     congressional committees as joint strategies and reports.
       (d) Appropriate Congressional Committees.--In this 
     subtitle, the term ``appropriate congressional committees'' 
     means the Committee on Foreign Relations of the Senate and 
     the Committee on Foreign Affairs of the House of 
     Representatives.

     SEC. 1291. SUNSET.

       This subtitle shall terminate on the date that is 5 years 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 6025. Mr. MENENDEZ (for himself and Mr. Risch) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of title XII, add the following:

[[Page S5499]]

  


                Subtitle G--Peace Corps Reauthorization

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Peace Corps 
     Reauthorization Act of 2022''.

     SEC. 1282. FUNDING FOR THE PEACE CORPS; INTEGRATION OF 
                   INFORMATION AGE VOLUNTEER OPPORTUNITIES.

       Section 3 of the Peace Corps Act (22 U.S.C. 2502) is 
     amended--
       (1) in subparagraph (b)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) There is authorized to be appropriated $410,500,000 
     for each of the fiscal years 2023 through 2027 to carry out 
     this Act.''; and
       (B) in paragraph (2), by striking ``that fiscal year and 
     the subsequent fiscal year'' and inserting ``obligation until 
     the last day of the subsequent fiscal year''; and
       (2) by redesignating subsection (h) as subsection (e).

     SEC. 1283. READJUSTMENT ALLOWANCES FOR VOLUNTEERS AND 
                   VOLUNTEER LEADERS.

       Section 5 of the Peace Corps Act (22 U.S.C. 2504) is 
     amended--
       (1) in subsection (b), by striking ``insure their health'' 
     and inserting ``ensure their safety, their health, and'';
       (2) in subsection (c)--
       (A) by striking ``$125'' and inserting ``$375'';
       (B) by striking ``his'' each place such term appears and 
     inserting ``the volunteer's''; and
       (C) by striking ``he'' and inserting ``the volunteer'';
       (3) by redesignating subsection (e) as subsection (d);
       (4) by inserting after subsection (d), as redesignated, the 
     following:
       ``(e) The Director shall consult with health experts 
     outside of the Peace Corps, including experts licensed in the 
     field of mental health, and follow guidance by the Centers 
     for Disease Control and Prevention regarding the prescription 
     of medications to volunteers.'';
       (5) in subsection (h), by striking ``he'' and inserting 
     ``the President'';
       (6) in subsection (n)(2)--
       (A) by striking ``subsection (e)'' each place such term 
     appears and inserting ``subsection (d)''; and
       (B) by striking ``he'' and inserting ``the President''; and
       (7) in subsection (o), by striking ``his'' each place such 
     term appears and inserting ``the volunteer's''.

     SEC. 1284. RESTORATION OF VOLUNTEER OPPORTUNITIES FOR MAJOR 
                   DISRUPTIONS TO VOLUNTEER SERVICE.

       (a) In General.--Section 5 of the Peace Corps Act (22 
     U.S.C. 2504), as amended by section 1283 of this Act, is 
     further amended by adding at the end the following:
       ``(q) Disruption of Service Protocols.--
       ``(1) In general.--The Director shall establish processes 
     for the safe return to service of returning Peace Corps 
     volunteers whose service is interrupted due to mandatory 
     evacuations of volunteers due to catastrophic events or 
     global emergencies of unknowable duration, which processes 
     shall include--
       ``(A) the establishment of monitoring and communications 
     systems, protocols, safety measures, policies, and metrics 
     for determining the appropriate approaches for restoring 
     volunteer opportunities for evacuated returned volunteers 
     whose service is interrupted by a catastrophic event or 
     global emergency; and
       ``(B) streamlining, to the fullest extent practicable, 
     application requirements for the return to service of such 
     volunteers.
       ``(2) Return to service.--Beginning on the date on which 
     any volunteer described in paragraph (1) returns to service, 
     the Director shall strive to afford evacuated volunteers, to 
     the fullest extent practicable, the opportunity--
       ``(A) to return to their previous country of service, 
     except for Peace Corps missions in China; and
       ``(B) to continue their service in the most needed sectors 
     within the country in which they had been serving immediately 
     before their evacuation due to a catastrophic event or global 
     emergency, except for Peace Corps missions in China.
       ``(r) Suspension of Payments and Accrual of Interest on 
     Federal Loans During Service.--
       ``(1) In general.--If a volunteer received a Federal loan 
     held by the Department of Education under part B or D of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 
     et seq. and 1087a et seq.) before commencing service in the 
     Peace Corps--
       ``(A) all payments due for such loans shall be suspended; 
     and
       ``(B) interest shall not accrue on such loan for the 
     duration of such service.
       ``(2) Deferment or forbearance.--Notwithstanding any other 
     provision of the Higher Education Act of 1965 (20 U.S.C. 1001 
     et seq.), the Secretary of Education shall deem each month 
     for which a loan payment was--
       ``(A) suspended under this section; or
       ``(B) subject to a deferment or forbearance under the 
     Higher Education Act of 1965, as if the borrower of the loan 
     had made a payment for the purpose of any loan forgiveness 
     program or loan rehabilitation program authorized under part 
     B or D of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1071 et seq. and 1087a et seq.) for which the borrower 
     would have otherwise qualified.''.
       (b) Medical Personnel.--Section 5A(b) of the Peace Corps 
     Act (22 U.S.C. 2504a(b)) is amended, in the matter preceding 
     paragraph (1), by inserting ``, mental health professionals'' 
     after ``medical officers''.
       (c) Volunteer Leaders.--Section 6 of the Peace Corps Act 
     (22 U.S.C. 2505) is amended--
       (1) in paragraph (1), by striking ``$125'' and inserting 
     ``$375''; and
       (2) in paragraph (3), by striking ``he'' and inserting 
     ``the President''.

     SEC. 1285. HEALTH CARE CONTINUATION FOR PEACE CORPS 
                   VOLUNTEERS.

       Section 5(d) of the Peace Corps Act, as redesignated by 
     section 1283(3) of this Act, is amended to read as follows:
       ``(d)(1) Volunteers shall receive such health care during 
     their service as the Director considers necessary or 
     appropriate, including, if necessary, services under section 
     8B.
       ``(2) Applicants for enrollment shall receive such health 
     examinations preparatory to their service, and applicants for 
     enrollment who have accepted an invitation to begin a period 
     of training under section 8(a) shall receive, preparatory to 
     their service, such immunization, dental care, and 
     information regarding prescription options and potential 
     interactions, as may be necessary and appropriate and in 
     accordance with subsection (F).
       ``(3) Returned volunteers shall receive the health 
     examinations described in paragraph (2) during the 6-month 
     period immediately following the termination of their 
     service, including services provided in accordance with 
     section 8B (except that the 6-month limitation shall not 
     apply in the case of such services), as the Director 
     determines necessary or appropriate.
       ``(4) Subject to such conditions as the Director may 
     prescribe, the health care described in paragraphs (1) 
     through (3) for serving volunteers, applicants for 
     enrollment, or returned volunteers may be provided in any 
     facility of any agency of the United States Government, and 
     in such cases the amount expended for maintaining and 
     operating such facility shall be reimbursed from 
     appropriations available under this Act. Health care may not 
     be provided under this subsection in a manner that is 
     inconsistent with the Assisted Suicide Funding Restriction 
     Act of 1997 (Public Law 105-12).
       ``(5) Returned volunteers, including those whose period of 
     service is subject to early termination as the result of an 
     emergency, shall receive, upon termination of their service 
     with the Peace Corps, 60 days of short term non-service-
     related health insurance for transition and travel, during 
     which they will be--
       ``(A) given an opportunity to extend such transitional 
     health insurance for 1 additional month, at their expense; 
     and
       ``(B) advised to obtain health insurance coverage through a 
     qualified health plan (as defined in section 1301 of the 
     Patient Protection and Affordable Care Act (42 U.S.C. 
     18021)).
       ``(6) Not later than 30 days before the date on which the 
     period of service of a volunteer terminates, or 30 days after 
     such termination date if such termination is the result of an 
     emergency, the Director, in consultation with the Secretary 
     of Health and Human Services, shall provide detailed 
     information to such volunteer regarding options for health 
     care after termination other than health care provided by the 
     Peace Corps, including information regarding--
       ``(A) how to find additional, detailed information, 
     including information regarding--
       ``(i) the application process and eligibility requirements 
     for medical assistance through a State Medicaid plan under 
     title XIX of the Social Security Act (42 U.S.C. 1396 et 
     seq.), or under a waiver of such plan; and
       ``(ii) health care navigators or health care option 
     identification services available through the public and 
     private sectors;
       ``(B) the qualified health plans (as defined in section 
     1301(a) of the Patient Protection and Affordable Care Act (42 
     U.S.C. 18021(a))) offered through an Exchange established 
     under title I of such Act, including the enrollment periods 
     for enrolling such plans; and
       ``(C) if such volunteer is 25 years of age or younger, the 
     eligibility of such volunteer to enroll as a dependent child 
     in a group health plan or health insurance coverage in which 
     the parent of such volunteer is enrolled in such plan or 
     coverage offers such dependent coverage.
       ``(7) Paragraphs (5) and (6) shall apply to volunteers 
     whose periods of service are subject to early termination.''.

     SEC. 1286. ACCESS TO ANTIMALARIAL DRUGS AND HYGIENE PRODUCTS 
                   FOR PEACE CORPS VOLUNTEERS.

       Section 5A of the Peace Corps Act (22 U.S.C. 2504a) is 
     amended--
       (1) by striking subsections (c) and (e);
       (2) by redesignating subsection (d) as subsection (e);
       (3) by inserting after subsection (b) the following:
       ``(c) Antimalarial Drugs.--
       ``(1) In general.--The Director shall consult with experts 
     at the Centers for Disease Control and Prevention regarding 
     recommendations for prescribing malaria prophylaxis, in order 
     to provide the best standard of care within the context of 
     the Peace Corps environment.
       ``(2) Certain training.--The Director shall ensure that 
     each Peace Corps medical officer serving in a malaria-endemic 
     country receives training in the recognition of the side 
     effects of such medications.
       ``(3) Consultation.--The Director shall consult with the 
     Assistant Secretary of Defense for Health Affairs regarding 
     the policy of using mefloquine in the field as an 
     antimalarial prophylactic.

[[Page S5500]]

       ``(d) Access to Hygiene Products.--Not later than 180 days 
     after the date of the enactment of the Peace Corps 
     Reauthorization Act of 2022, the Director shall establish a 
     comprehensive policy to ensure Peace Corps volunteers who 
     require hygiene products are able to access such products.''.

     SEC. 1287. CODIFICATION OF CERTAIN EXECUTIVE ORDERS RELATING 
                   TO EXISTING NONCOMPETITIVE ELIGIBILITY FEDERAL 
                   HIRING STATUS FOR RETURNING VOLUNTEERS AND 
                   EXTENSION OF THE PERIOD OF SUCH STATUS.

       The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended by 
     inserting after section 5A the following:

     ``SEC. 5B. CODIFICATION OF EXECUTIVE ORDERS RELATING TO 
                   NONCOMPETITIVE ELIGIBILITY FEDERAL HIRING 
                   STATUS FOR RETURNING VOLUNTEERS.

       ``(a) In General.--Subject to subsection (b), Executive 
     Order 11103 (22 U.S.C. 2504 note; relating to Providing for 
     the Appointment of Former Peace Corps Volunteers to the 
     Civilian Career Services), as amended by Executive Order 
     12107 (44 Fed. Reg. 1055; relating to the Civil Service 
     Commission and Labor-Management in the Federal Service), as 
     in effect on the day before the date of the enactment of the 
     Peace Corps Reauthorization Act of 2022, shall remain in 
     effect and have the full force and effect of law.
       ``(b) Period of Eligibility.--
       ``(1) Definitions.--In this subsection:
       ``(A) Executive agency.--the term `Executive agency'--
       ``(i) has the meaning given such term in section 105 of 
     title 5, United States Code;
       ``(ii) includes the United States Postal Service and the 
     Postal Regulatory Commission; and
       ``(iii) does not include the Government Accountability 
     Office.
       ``(B) Hiring freeze.--The term `hiring freeze' means any 
     memorandum, Executive order, or other action by the President 
     that prohibits an Executive agency from filling vacant 
     Federal civilian employee positions or creating new such 
     positions.
       ``(2) In general.--The period of eligibility for 
     noncompetitive appointment to the civil service provided to 
     an individual under subsection (a), including any individual 
     who is so eligible on the date of the enactment of the Peace 
     Corps Reauthorization Act of 2022, shall be extended by the 
     total number of days, during such period, that--
       ``(A) a hiring freeze for civilian employees of the 
     executive branch is in effect by order of the President with 
     respect to any Executive agency at which the individual has 
     applied for employment;
       ``(B) there is a lapse in appropriations with respect to 
     any Executive agency at which the individual has applied for 
     employment; or
       ``(C) the individual is receiving disability compensation 
     under section 8142 of title 5, United States Code, based on 
     the individual's service as a Peace Corps volunteer, 
     retroactive to the date the individual applied for such 
     compensation.
       ``(3) Applicability.--The period of eligibility for 
     noncompetitive appointment status to the civil service under 
     subsection (a) shall apply to a Peace Corps volunteer--
       ``(A) whose service ended involuntarily as a result of a 
     suspension of volunteer operations by the Director, but may 
     not last longer than 1 year after the date on which such 
     service ended involuntarily; or
       ``(B) who re-enrolls as a volunteer in the Peace Corps 
     after completion of a term of service.''.

     SEC. 1288. EXTENSION OF PERIOD OF EXISTING NONCOMPETITIVE 
                   ELIGIBILITY FEDERAL HIRING STATUS FOR RETURNING 
                   VOLUNTEERS.

       The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended by 
     inserting after section 5B, as added by section 1287 of this 
     Act, the following:

     ``SEC. 5C. EXTENSION OF PERIOD OF EXISTING NONCOMPETITIVE 
                   ELIGIBILITY FEDERAL HIRING STATUS FOR RETURNING 
                   VOLUNTEERS.

       ``(a) In General.--Subject to section 5B, Executive Order 
     11103 (22 U.S.C. 2504 note; relating to Providing for the 
     Appointment of Former Peace Corps Volunteers to the Civilian 
     Career Services), as amended by Executive Order 12107 (44 
     Fed. Reg. 1055; relating to the Civil Service Commission and 
     Labor-Management in the Federal Service), as in effect on the 
     day before the date of the enactment of the Peace Corps 
     Reauthorization Act of 2022, shall remain in effect and have 
     the full force and effect of law.
       ``(b) Noncompetitive Eligibility Federal Hiring Status.--
     Subject to subsection (d), any volunteer whose Peace Corps 
     service was terminated after April 1, 2020, and who has been 
     certified by the Director as having satisfactorily completed 
     a full term of service, may be appointed within two years of 
     completion of qualifying service to a position in any United 
     States department, agency, or establishment in the 
     competitive service under title 5, United States Code, 
     without competitive examination, in accordance with such 
     regulations and conditions as may be prescribed by the 
     Director of the Office of Personnel Management.
       ``(c) Extension.--The appointing authority may extend the 
     noncompetitive appointment eligibility under subsection (b) 
     to not more than 3 years after a volunteer's separation from 
     the Peace Corps if the volunteer, following such service, was 
     engaged in--
       ``(1) military service;
       ``(2) the pursuit of studies at a recognized institution of 
     higher learning; or
       ``(3) other activities which, in the view of the appointing 
     authority, warrant an extension of such eligibility.
       ``(d) Exception.--The appointing authority may not extend 
     the noncompetitive appointment eligibility under subsection 
     (b) to any volunteer who chooses to be subject to early 
     termination.''.

     SEC. 1289. PROTECTION OF PEACE CORPS VOLUNTEERS AGAINST 
                   REPRISAL OR RETALIATION.

       Section 8G of the Peace Corps Act (22 U.S.C. 2507g) is 
     amended by adding at the end the following:
       ``(d) Prohibition Against Reprisal or Retaliation.--
       ``(1) Definitions.--In this subsection:
       ``(A) Covered official or office.--The term `covered 
     official or office' means--
       ``(i) any Peace Corps employee, including an employee of 
     the Office of Inspector General;
       ``(ii) a Member of Congress or a designated representative 
     of a committee of Congress;
       ``(iii) an Inspector General (other than the Inspector 
     General for the Peace Corps);
       ``(iv) the Government Accountability Office;
       ``(v) any authorized official of the Department of Justice 
     or other Federal law enforcement agency; and
       ``(vi) a United States court, including any Federal grand 
     jury.
       ``(B) Relief.--The term `relief' includes all affirmative 
     relief necessary to make a volunteer whole, including 
     monetary compensation, equitable relief, compensatory 
     damages, and attorney fees and costs.
       ``(C) Reprisal or retaliation.--The term `reprisal or 
     retaliation' means taking, threatening to take, or initiating 
     adverse administrative action against a volunteer because the 
     volunteer made a report described in subsection (a) or 
     otherwise disclosed to a covered official or office any 
     information pertaining to waste, fraud, abuse of authority, 
     misconduct, mismanagement, violations of law, or a 
     significant threat to health and safety, if the activity or 
     occurrence complained of is based upon the reasonable belief 
     of the volunteer.
       ``(2) In general.--The Director of the Peace Corps shall 
     take all reasonable measures, including through the 
     development and implementation of a comprehensive policy, to 
     prevent and address reprisal or retaliation against a 
     volunteer by any Peace Corps officer or employee, or any 
     other person with supervisory authority over the volunteer 
     during the volunteer's period of service.
       ``(3) Reporting and investigation; relief.--
       ``(A) In general.--A volunteer may report a complaint or 
     allegation of reprisal or retaliation--
       ``(i) directly to the Inspector General of the Peace Corps, 
     who may conduct such investigations and make such 
     recommendations with respect to the complaint or allegation 
     as the Inspector General considers appropriate; and
       ``(ii) through other channels provided by the Peace Corps, 
     including through the process for confidential reporting 
     implemented pursuant to subsection (a).
       ``(B) Relief.--The Director of the Peace Corps--
       ``(i) may order any relief for an affirmative finding of a 
     proposed or final resolution of a complaint or allegation of 
     reprisal or retaliation in accordance with policies, rules, 
     and procedures of the Peace Corps; and
       ``(ii) shall ensure that such relief is promptly provided 
     to the volunteer.
       ``(4) Appeal.--
       ``(A) In general.--A volunteer may submit an appeal to the 
     Director of the Peace Corps of any proposed or final 
     resolution of a complaint or allegation of reprisal or 
     retaliation.
       ``(B) Rule of construction.--Nothing in this paragraph may 
     be construed to affect any other right of recourse a 
     volunteer may have under any other provision of law.
       ``(5) Notification of rights and remedies.--The Director of 
     the Peace Corps shall ensure that volunteers are informed in 
     writing of the rights and remedies provided under this 
     section.
       ``(6) Dispute mediation.--The Director of the Peace Corps 
     shall offer the opportunity for volunteers to resolve 
     disputes concerning a complaint or allegation of reprisal or 
     retaliation through mediation in accordance with procedures 
     developed by the Peace Corps.
       ``(7) Volunteer cooperation.--The Director of the Peace 
     Corps may take such disciplinary or other administrative 
     action, including termination of service, with respect to a 
     volunteer who unreasonably refuses to cooperate with an 
     investigation into a compliant or allegation of reprisal or 
     retaliation conducted by the Inspector General of the Peace 
     Corps.''.

     SEC. 1290. PEACE CORPS NATIONAL ADVISORY COUNCIL.

       Section 12 of the Peace Corps Act (22 U.S.C. 2511) is 
     amended--
       (1) in subsection (b)(2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``(subject to subsection (d)(1)) conduct on-site inspections, 
     and make examinations, of the activities of the Peace Corps 
     in the United States and in other countries in order to'';
       (B) in subparagraph (C), by striking ``and'' at the end;
       (C) by redesignating subparagraph (D) as subparagraph (G); 
     and

[[Page S5501]]

       (D) by inserting after subparagraph (C) the following:
       ``(D) make recommendations for utilizing the expertise of 
     returned Peace Corps volunteers in fulfilling the goals of 
     the Peace Corps;
       ``(E) make recommendations on strengthening diversity, 
     equity, inclusion, and accessibility principles in the 
     workforce and daily work of the Peace Corps, including by--
       ``(i) increasing the recruitment of volunteers from diverse 
     backgrounds and better supporting such volunteers during 
     their training and enrollment in the Peace Corps;
       ``(ii) increasing and sustaining a diverse and inclusive 
     workforce through data collection, anti-harassment and anti-
     discrimination measures, recruitment, retention, professional 
     development, and promotion and leadership initiatives that 
     also consider the work and roles of contractors;
       ``(iii) ensuring that advisory committees and boards 
     represent the diversity of the agency; and
       ``(iv) increasing opportunities in operations, programming, 
     and procurement through work with partners and communities 
     that are underrepresented or traditionally marginalized;
       ``(F) make recommendations to reduce any financial barriers 
     to application, training, or enrollment in the Peace Corps, 
     including medical expenses and other out-of-pocket costs; 
     and'';
       (2) in subsection (c), by amending paragraph (2) to read as 
     follows:
       ``(2)(A) The Council shall be composed of 7 members who are 
     United States citizens and are not being paid as officers or 
     employees of the Peace Corps or of any other United States 
     Government entity.
       ``(B) Of the 7 members of the Council--
       ``(i) 1 member shall be appointed by the President;
       ``(ii) 3 members shall be appointed by the President pro 
     tempore of the Senate, of which--
       ``(I) 2 members shall be appointed upon the recommendation 
     of the leader in the Senate of the political party that is 
     not the political party of the President;
       ``(II) 1 member shall be appointed upon the recommendation 
     of the leader in the Senate of the political party of the 
     President; and
       ``(III) at least 2 members shall be former Peace Corps 
     volunteers; and
       ``(iii) 3 members shall be appointed by the Speaker of the 
     House of Representatives, of which--
       ``(I) 2 members shall be appointed upon the recommendation 
     of the leader in the House of Representatives of the 
     political party that is not the political party of the 
     President;
       ``(II) 1 member shall be appointed upon the recommendation 
     of the leader in the House of Representatives of the 
     political party of the President; and
       ``(III) at least 2 members shall be former Peace Corps 
     volunteers.
       ``(C) Council members shall be appointed to 2-year terms. 
     No member of the Council may serve for more than 2 
     consecutive 2-year terms.
       ``(D) Not later than 30 days after any vacancy occurs on 
     the Council, the Director shall appoint an individual to fill 
     such vacancy. Any Council member appointed to fill a vacancy 
     occurring before the expiration of the term for which the 
     member's predecessor was appointed--
       ``(i) shall be appointed for the remainder of such term; 
     and
       ``(ii) may only serve on the Council for 1 additional 2-
     year term.
       ``(E)(i) Except as provided in clause (ii), Council members 
     shall not be subject to laws relating to Federal employment, 
     including laws relating to hours of work, rates of 
     compensation, leave, unemployment compensation, and Federal 
     employee benefits.
       ``(ii) Notwithstanding clause (i), Council members shall be 
     deemed to be Federal employees for purposes of--
       ``(I) chapter 81 of title 5, United States Code (relating 
     to compensation for work-related injuries);
       ``(II) chapter 11 of title 18, United States Code (relating 
     to conflicts of interest);
       ``(III) chapter 171 of title 28, United States Code 
     (relating to tort claims); and
       ``(IV) section 3721 of title 31 (relating to claims for 
     damage to, or loss of, personal property incident to 
     service).
       ``(F) Council members shall serve at the pleasure of the 
     Director. The Council may remove a member from the Council by 
     a vote of 5 members if the Council determines that such 
     member--
       ``(i) committed malfeasance in office;
       ``(ii) persistently neglected, or was unable to 
     successfully discharge, his or her duties on the Council; or
       ``(iii) committed an offense involving moral turpitude.'';
       (3) in subsection (g)--
       (A) by striking ``and at its first regular meeting in each 
     calendar year thereafter'' and inserting ``at its first 
     meeting each subsequent calendar year''; and
       (B) by adding at the end the following: ``The Chair and 
     Vice Chair shall each serve in such capacity for a period not 
     to exceed 2 years. The Director may renew the term of members 
     appointed as Chair and Vice Chair under this subsection.'';
       (4) in subsection (h), by amending paragraph (1) to read as 
     follows:
       ``(1) The Council shall hold 1 regular meeting per quarter 
     of each calendar year at a date and time to be determined by 
     the Chair of the Council or at the call of the Director.''; 
     and
       (5) by adding at the end the following:
       ``(k) Independence of Inspector General.--None of the 
     activities or functions of the Council authorized under 
     subsection (b)(2) may undermine the independence or supersede 
     the duties of the Inspector General of the Peace Corps.''.

     SEC. 1291. MEMORANDUM OF AGREEMENT WITH BUREAU OF DIPLOMATIC 
                   SECURITY OF THE DEPARTMENT OF STATE.

       (a) Quinquennial Review and Update.--Not later than 180 
     days after the date of the enactment of this Act, and at 
     least once every 5 years, the Director of the Peace Corps and 
     the Assistant Secretary of State for Diplomatic Security 
     shall--
       (1) review the Memorandum of Agreement between the Bureau 
     of Diplomatic Security of the Department of State and the 
     Peace Corps regarding security support and protection of 
     Peace Corps volunteers, and staff members abroad; and
       (2) update such Memorandum of Agreement, as appropriate.
       (b) Notification.--
       (1) In general.--The Director of the Peace Corps and the 
     Assistant Secretary of State for Diplomatic Security shall 
     jointly submit any update to the Memorandum of Agreement 
     under subsection (a) to--
       (A) the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) Timing of notification.--Each written notification 
     submitted pursuant to paragraph (1) shall be submitted not 
     later than 30 days before the update referred to in such 
     paragraph takes effect.

     SEC. 1292. CLARIFICATION REGARDING ELIGIBILITY OF UNITED 
                   STATES NATIONALS.

       The Peace Corps Act (22 U.S.C. 2501 et seq.), as amended by 
     this Act, is further amended--
       (1) in section 7(a)(5) (22 U.S.C. 2506(a)(5)), by striking 
     ``United States citizens'' each place such term appears and 
     inserting ``United States nationals of American Samoa and 
     citizens of the United States'';
       (2) in section 8(b) (22 U.S.C. 2507(b)), by inserting 
     ``United States nationals of American Samoa and'' after 
     ``training for'';
       (3) in section 10(b) (22 U.S.C. 2509(b)), striking ``any 
     person not a citizen or resident of the United States'' and 
     inserting ``any person who is not a United States national of 
     American Samoa nor a citizen or resident of the United 
     States''; and
       (4) in section 12(g) (22 U.S.C. 2511(g), by inserting 
     ``United States nationals of American Samoa or'' after ``who 
     are''.

     SEC. 1293. WORKERS COMPENSATION FOR PEACE CORPS VOLUNTEERS.

       Section 8142(c) of title 5, United States Code, is amended 
     by striking paragraphs (1) and (2) and inserting the 
     following:
       ``(1) a volunteer injured on or after the date of the 
     enactment of the Peace Corps Reauthorization Act of 2022 is 
     deemed to be receiving monthly pay at the rate for GS-7, step 
     5;
       ``(2)(A) a volunteer or former volunteer whose injury 
     occurred before the date of the enactment of the Peace Corps 
     Reauthorization Act of 2022 shall have their disability 
     compensation prospectively adjusted so that they are deemed 
     receiving monthly pay at the rate for GS-7, step 5, unless 
     such adjustment would result in a reduction of compensation 
     payable;
       ``(B) benefits paid under section 8133 due to a death 
     occurring before such date of enactment shall be 
     prospectively adjusted to reflect the volunteer's deemed 
     receiving monthly pay at the rate for GS-7, step 5; and
       ``(C) nothing in this subsection may be construed to 
     authorize the retroactive adjustment to the rate for GS-7, 
     step 5 for compensation payable for any period before such 
     date of enactment.''.

     SEC. 1294. SEXUAL ASSAULT ADVISORY COUNCIL.

       (a) Report and Extension of the Sexual Assault Advisory 
     Council.--Section 8D of the Peace Corps Act (22 U.S.C. 2507d) 
     is amended--
       (1) by amending subsection (d) to read as follows:
       ``(d) Reports.--On an annual basis through the date 
     specified in subsection (g), the Council shall submit a 
     report to the Director of the Peace Corps, the Committee on 
     Foreign Relations of the Senate, the Committee on 
     Appropriations of the Senate, the Committee on Foreign 
     Affairs of the House of Representatives, and the Committee on 
     Appropriations of the House of Representatives that describes 
     its findings based on the reviews conducted pursuant to 
     subsection (c) and includes relevant recommendations. Each 
     such report shall be made publicly available.''; and
       (2) in subsection (g), by striking ``October 1, 2023'' and 
     inserting ``October 1, 2027''.

     SEC. 1295. SUSPENSION WITHOUT PAY.

       Section 7 of the Peace Corps Act (22 U.S.C. 2506) is 
     amended by inserting after subsection (a) the following:
       ``(b) Suspension Without Pay.--(1) The Peace Corps may 
     suspend (without pay) any employee appointed or assigned 
     under this section if the Director has determined that the 
     employee engaged in serious misconduct that could impact the 
     efficiency of the service and could lead to removal for 
     cause.
       ``(2) Any employee for whom a suspension without pay is 
     proposed under this subsection shall be entitled to--
       ``(A) written notice stating the specific reasons for such 
     proposed suspension;
       ``(B)(i) up to 15 days to respond orally or in writing to 
     such proposed suspension if the employee is assigned in the 
     United States; or

[[Page S5502]]

       ``(ii) up to 30 days to respond orally or in writing to 
     such proposed suspension if the employee is assigned outside 
     of the United States;
       ``(C) representation by an attorney or other 
     representative, at the employee's own expense;
       ``(D) a written decision, including the specific reasons 
     for such decision, as soon as practicable;
       ``(E) a process through which the employee may submit an 
     appeal to the Director of the Peace Corps not later than 10 
     business days after the issuance of a written decision; and
       ``(F) a final decision personally rendered by the Director 
     of the Peace Corps not later than 30 days after the receipt 
     of such appeal.
       ``(3) Notwithstanding any other provision of law, a final 
     decision under paragraph (2)(F) shall be final and not 
     subject to further review.
       ``(4) If the Director fails to establish misconduct by an 
     employee under paragraph (1) and no disciplinary action is 
     taken against such employee based upon the alleged grounds 
     for the suspension, the employee shall be entitled to 
     reinstatement, back pay, full benefits, and reimbursement of 
     attorney fees of up to $20,000.''.

     SEC. 1296. OCEANIA PEACE CORPS PARTNERSHIPS.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Director of the Peace Corps 
     shall submit to Congress a report on strategies to reasonably 
     and safely expand the number of Peace Corps volunteers in the 
     Indo-Pacific countries of Oceania, with the goals of--
       (1) expanding the presence of the Peace Corps to all 
     currently feasible locations in the Indo-Pacific countries of 
     Oceania; and
       (2) working with regional and international partners of the 
     United States to expand the presence of Peace Corps 
     volunteers in low-income communities in the Indo-Pacific 
     countries of Oceania in support of climate resilience 
     initiatives.
       (b) Elements.--The report required by subsection (a) 
     shall--
       (1) assess the factors contributing to the current absence 
     of the Peace Corps and its volunteers in the Indo-Pacific 
     countries of Oceania;
       (2) examine potential remedies that include working with 
     United States Government agencies and regional governments, 
     including governments of United States allies--
       (A) to increase the health infrastructure and medical 
     evacuation capabilities of the Indo-Pacific countries of 
     Oceania to better support the safety of Peace Corps 
     volunteers while in those countries;
       (B) to address physical safety concerns that have decreased 
     the ability of the Peace Corps to operate in the Indo-Pacific 
     countries of Oceania; and
       (C) to increase transportation infrastructure in the Indo-
     Pacific countries of Oceania to better support the travel of 
     Peace Corps volunteers and their access to necessary 
     facilities;
       (3) evaluate the potential to expand the deployment of 
     Peace Corps Response volunteers to help the Indo-Pacific 
     countries of Oceania address social, economic, and 
     development needs of their communities that require specific 
     professional expertise; and
       (4) explore potential new operational models to address 
     safety and security needs of Peace Corps volunteers in the 
     Indo-Pacific countries of Oceania, including--
       (A) changes to volunteer deployment durations; and
       (B) scheduled redeployment of volunteers to regional or 
     United States-based healthcare facilities for routine 
     physical and behavioral health evaluation.
       (c) Volunteers in Low-income Oceania Communities.--
       (1) In general.--In examining the potential to expand the 
     presence of Peace Corps volunteers in low-income communities 
     in the Indo-Pacific countries of Oceania under subsection 
     (a)(2), the Director of the Peace Corps shall consider the 
     development of initiatives described in paragraph (2).
       (2) Initiatives described.--Initiatives described in this 
     paragraph are volunteer initiatives that help the Indo-
     Pacific countries of Oceania address social, economic, and 
     development needs of their communities, including by--
       (A) addressing, through appropriate resilience-based 
     interventions, the vulnerability that communities in the 
     Indo-Pacific countries of Oceania face as result of extreme 
     weather, severe environmental change, and other climate 
     related trends; and
       (B) improving, through smart infrastructure principles, 
     access to transportation and connectivity infrastructure that 
     will help address the economic and social challenges that 
     communities in the Indo-Pacific countries of Oceania confront 
     as a result of poor or nonexistent infrastructure.
       (d) Indo-Pacific Countries of Oceania Defined.--In this 
     section, the term ``Indo-Pacific countries of Oceania'' means 
     Fiji, Kiribati, Republic of the Marshall Islands, Micronesia, 
     Nauru, Palau, Papua New Guinea, Samoa, Solomon Islands, 
     Tonga, Tuvalu, and Vanuatu.

     SEC. 1297. TECHNICAL AND CONFORMING AMENDMENTS.

       The Peace Corps Act (22 U.S.C. 2501 et seq.), as amended by 
     this Act, is further amended--
       (1) by amending section 1 to read as follows:

     ``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       ``(a) Short Title.--This Act may be cited as the `Peace 
     Corps Act'.
       ``(b) Table of Contents.--The table of contents for this 
     Act is as follows:

                       ``TITLE I--THE PEACE CORPS

``Sec. 1. Short title; table of contents.
``Sec. 2. Declaration of purpose.
``Sec. 2A. Peace Corps as an independent agency.
``Sec. 3. Authorization.
``Sec. 4. Director of the Peace Corps and delegation of functions.
``Sec. 5. Peace Corps volunteers.
``Sec. 5A. Health care for volunteers at Peace Corps posts.
``Sec. 5B. Codification of Executive orders relating to noncompetitive 
              eligibility Federal hiring status for returning 
              volunteers.
``Sec. 5C. Extension of period of existing noncompetitive eligibility 
              Federal hiring status for returning volunteers.
``Sec. 6. Peace Corps volunteer leaders.
``Sec. 7. Peace Corps employees.
``Sec. 8. Volunteer training.
``Sec. 8A. Sexual assault risk-reduction and response training.
``Sec. 8B. Sexual assault policy.
``Sec. 8C. Office of Victim Advocacy.
``Sec. 8D. Establishment of Sexual Assault Advisory Council.
``Sec. 8E. Volunteer feedback and Peace Corps review.
``Sec. 8F. Establishment of a policy on stalking.
``Sec. 8G. Establishment of a confidentiality protection policy.
``Sec. 8H. Removal and assessment and evaluation.
``Sec. 8I. Reporting requirements.
``Sec. 9. Participation of foreign nationals.
``Sec. 10. General powers and authorities.
``Sec. 11. Reports.
``Sec. 12. Peace Corps National Advisory Council.
``Sec. 13. Experts and consultants.
``Sec. 14. Detail of personnel to foreign governments and international 
              organizations.
``Sec. 15. Utilization of funds.
``Sec. 16. Foreign Currency Fluctuations Account.
``Sec. 17. Use of foreign currencies.
``Sec. 18. Activities promoting Americans' understanding of other 
              peoples.
``Sec. 19. Exclusive right to seal and name.
``Sec. 22. Security investigations.
``Sec. 23. Universal Military Training and Service Act.
``Sec. 24. Foreign language proficiency.
``Sec. 25. Nonpartisan appointments.
``Sec. 26. Definitions.
``Sec. 27. Construction.
``Sec. 28. Effective date.

 ``TITLE II--AMENDMENT OF INTERNAL REVENUE CODE AND SOCIAL SECURITY ACT

        ``TITLE III--ENCOURAGEMENT OF VOLUNTARY SERVICE PROGRAMS

``Sec. 301. '';
       (2) in section 2(a) (22 U.S.C. 2501(a))--
       (A) by striking ``help the peoples'' and inserting 
     ``partner with the peoples''; and
       (B) by striking ``manpower'' and inserting ``individuals'';
       (3) in section 3 (22 U.S.C. 2502)--
       (A) by redesignating subsection (h) as subsection (e); and
       (B) in subsection (e), as redesignated, by striking 
     ``disabled people'' each place such term appears and 
     inserting ``people with disabilities'';
       (4) in section 4(b) (22 U.S.C. 2503(b))--
       (A) by striking ``him'' and inserting ``the President'';
       (B) by striking ``he'' and inserting ``the Director''; and
       (C) by striking ``of his subordinates'' and all that 
     follows through ``functions.'' and inserting ``subordinate of 
     the Director the authority to perform any such function.'';
       (5) in section 5 (22 U.S.C. 2504)--
       (A) in subsection (c), by striking ``: Provided, however,'' 
     and all that follows through ``the amount'' and inserting ``. 
     Under such circumstances as the President may determine, the 
     accrued readjustment allowance, or any part thereof, may be 
     paid to the volunteer, members of the volunteer's family, or 
     others, during the period of the volunteer's service, or 
     prior to the volunteer's return to the United States. In the 
     event of the volunteer's death during the period of his 
     service, the amount'';
       (B) in subsection (h), by striking ``he may determine'' and 
     inserting ``the President may determine''; and
       (C) in subsection (o) by striking ``the date of his 
     departure'' and all that follows and inserting ``the date of 
     the volunteer's departure from the volunteer's place of 
     residence to enter training until not later than 3 months 
     after the termination of the volunteer's service.'';
       (6) in section 6(3) (22 U.S.C. 2505(3)), by striking by 
     striking ``he may determine'' and inserting ``the President 
     may determine'';
       (7) in section 7 (22 U.S.C. 2506)--
       (A) in subsection (a), by moving paragraphs (7) and (8) 2 
     ems to the left; and
       (B) in subsection (b), as redesignated, by striking ``in 
     his discretion'' and inserting ``in the President's 
     discretion'';
       (8) in section 8A (22 U.S.C. 2507a)--
       (A) in subsection (c), by striking ``his or her'' and 
     inserting ``the volunteer's'';
       (B) in subsection (d)(2), by inserting ``the'' before 
     ``information''; and
       (C) in subsection (f)--
       (i) in paragraph (2)(A), by striking ``his or her'' each 
     place such phrase appears and inserting ``the volunteer's''; 
     and

[[Page S5503]]

       (ii) in paragraph (4)(A), by striking ``his or her'' and 
     inserting ``the person's'';
       (9) in section 8C(a) (22 U.S.C. 2507c(a)), in the 
     subsection heading, by striking ``Victims'' and inserting 
     ``Victim'';
       (10) in section 8E (22 U.S.C. 2507e)--
       (A) in subsection (b), by striking ``subsection (c),,'' and 
     inserting ``subsection (c),''; and
       (B) in subsection (e)(1)(F), by striking ``Peace Corp's 
     mission'' and inserting ``Peace Corps' mission'';
       (11) in section 9 (22 U.S.C. 2508)--
       (A) by striking ``under which he was admitted or who fails 
     to depart from the United States at the expiration of the 
     time for which he was admitted'' and inserting ``under which 
     such person was admitted or who fails to depart from the 
     United States at the expiration of the period for which such 
     person was admitted''; and
       (B) by striking ``Act proceedings'' and inserting ``Act. 
     Removal proceedings'';
       (12) in section 10 (22 U.S.C. 2509)--
       (A) in subsection (b), by striking ``he may prescribe'' and 
     inserting ``the President may prescribe'';
       (B) in subsection (d), by striking ``section 3709 of the 
     Revised Statutes of the United States, as amended, section 
     302 of the Federal Property and Administrative Services Act 
     of 1949''; and by inserting ``sections 3101(a), 3101(c), 
     3104, 3106, 3301(b)(2), and 6101 of title 41, United States 
     Code''; and
       (C) in subsection (j), by striking ``of this section.'';
       (13) in section 12(d)(1)(b) (22 U.S.C. 2511(d)(1)(b)), by 
     striking ``his or her'' and inserting ``the member's'';
       (14) in section 14 (22 U.S.C. 2513)--
       (A) in subsection (a), by striking ``his agency'' and 
     inserting ``such agency''; and
       (B) in subsection (b)--
       (i) by striking ``his allowance'' and inserting ``the''; 
     and
       (ii) by striking ``he'';
       (15) in section 15 (22 U.S.C. 2514)--
       (A) in subsection (c), by striking ``that Act'' and 
     inserting ``that subchapter''; and
       (B) in subsection (d)(7), by striking ``his designee'' and 
     inserting ``the Director's designee'';
       (16) in section 19(a) (22 U.S.C. 2518(a)), by striking ``he 
     shall determine'' and inserting ``the President shall 
     determine'';
       (17) in section 23 (22 U.S.C. 2520)--
       (A) in the section heading, by striking ``universal 
     military training and service'' and inserting ``military 
     selective service''; and
       (B) by striking ``Universal Military Training and Service 
     Act'' and inserting ``Military Selective Service Act (50 
     U.S.C. 3801 et seq.)'';
       (18) in section 24--
       (A) by striking ``he'' each place such term appears and 
     inserting ``the volunteer''; and
       (B) by striking ``his'' and inserting ``the volunteer's'';
       (19) in section 26--
       (A) by redesignating paragraphs (2) through (9) as 
     paragraphs (3) through (10), respectively;
       (B) by inserting after paragraph (1) the following:
       ``(2) The term `Director' means the Director of the Peace 
     Corps.'';
       (C) in paragraph (5), as redesignated, by striking ``he or 
     she'' and inserting ``the medical officer'';
       (D) in paragraph (7), as redesignated, by striking ``5(m)'' 
     and inserting ``5(n)''; and
       (E) in paragraph (10), as redesignated--
       (i) by redesignating clauses (i) and (ii) as subparagraphs 
     (A) and (B), respectively; and
       (ii) in subparagraph (A), as redesignated, by striking 
     ``section 5(f)'' and inserting ``section 5(e)''; and
       (20) in section 301(a), by striking ``manpower'' each place 
     such term appears and inserting ``individuals''.
                                 ______
                                 
  SA 6026. Mr. SCHUMER (for Mr. Peters) proposed an amendment to the 
bill S. 3875, to require the President to develop and maintain products 
that show the risk of natural hazards across the United States, and for 
other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Community Disaster 
     Resilience Zones Act of 2022''.

     SEC. 2. FINDINGS.

       Section 101(b) of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5121(b)) is amended--
       (1) in paragraph (5), by striking ``and'' at the end;
       (2) in paragraph (6), by adding ``; and'' at the end; and
       (3) by adding at the end the following:
       ``(7) identifying and improving the climate and natural 
     hazard resilience of vulnerable communities.''.

     SEC. 3. NATURAL HAZARD RISK ASSESSMENT.

       (a) In General.--Title II of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131 
     et seq.) is amended by adding at the end the following:

     ``SEC. 206. NATURAL HAZARD RISK ASSESSMENT.

       ``(a) Definitions.--In this section:
       ``(1) Community disaster resilience zone.--The term 
     `community disaster resilience zone' means a census tract 
     designated by the President under subsection (d)(1).
       ``(2) Eligible entity.--The term `eligible entity' means--
       ``(A) a State;
       ``(B) an Indian tribal government; or
       ``(C) a local government.
       ``(b) Products.--The President shall continue to maintain a 
     natural hazard assessment program that develops and maintains 
     products that--
       ``(1) are available to the public; and
       ``(2) define natural hazard risk across the United States.
       ``(c) Features.--The products maintained under subsection 
     (b) shall, for lands within States and areas under the 
     jurisdiction of Indian tribal governments--
       ``(1) show the risk of natural hazards; and
       ``(2) include ratings and data for--
       ``(A) loss exposure, including population equivalence, 
     buildings, and agriculture;
       ``(B) social vulnerability;
       ``(C) community resilience; and
       ``(D) any other element determined by the President.
       ``(d) Community Disaster Resilience Zones Designation.--
       ``(1) In general.--Not later than 30 days after the date on 
     which the President makes the update and enhancement required 
     under subsection (e)(4), and not less frequently than every 5 
     years thereafter, the President shall identify and designate 
     community disaster resilience zones, which shall be--
       ``(A) the 50 census tracts assigned the highest individual 
     hazard risk ratings; and
       ``(B) subject to paragraph (3), in each State, not less 
     than 1 percent of census tracts that are assigned high 
     individual risk ratings.
       ``(2) Risk ratings.--In carrying out paragraph (1), the 
     President shall use census tract risk ratings derived from a 
     product maintained under subsection (b) that--
       ``(A) reflect--
       ``(i) high levels of individual hazard risk ratings based 
     on an assessment of the intersection of--

       ``(I) loss to population equivalence;
       ``(II) building value; and
       ``(III) agriculture value;

       ``(ii) high social vulnerability ratings and low community 
     resilience ratings; and
       ``(iii) any other elements determined by the President; and
       ``(B) reflect the principal natural hazard risks identified 
     for the respective census tracts.
       ``(3) Geographic balance.--In identifying and designating 
     the community disaster resilience zones described in 
     paragraph (1)(B)--
       ``(A) for the purpose of achieving geographic balance, when 
     applicable, the President shall consider making designations 
     in coastal, inland, urban, suburban, and rural areas; and
       ``(B) the President shall include census tracts on Tribal 
     lands located within a State.
       ``(4) Duration.--The designation of a community disaster 
     resilience zone under paragraph (1) shall be effective for a 
     period of not less than 5 years.
       ``(e) Review and Update.--Not later than 180 days after the 
     date of enactment of the Community Disaster Resilience Zones 
     Act of 2022, and not less frequently than every 5 years 
     thereafter, the President shall--
       ``(1) with respect to any product that is a natural hazard 
     risk assessment--
       ``(A) review the underlying methodology of the product; and
       ``(B) receive public input on the methodology and data used 
     for the product;
       ``(2) consider including additional data in any product 
     that is a natural hazard risk assessment, such as--
       ``(A) the most recent census tract data;
       ``(B) data from the American Community Survey of the Bureau 
     of the Census, a successor survey, a similar survey, or 
     another data source, including data by census tract on 
     housing characteristics and income;
       ``(C) information relating to development, improvements, 
     and hazard mitigation measures;
       ``(D) data that assesses past and future loss exposure, 
     including analysis on the effects of a changing climate on 
     future loss exposure;
       ``(E) data from the Resilience Analysis and Planning Tool 
     of the Federal Emergency Management Agency; and
       ``(F) other information relevant to prioritizing areas that 
     have--
       ``(i) high risk levels of--

       ``(I) natural hazard loss exposure, including population 
     equivalence, buildings, infrastructure, and agriculture; and
       ``(II) social vulnerability; and

       ``(ii) low levels of community resilience;
       ``(3) make publicly available any changes in methodology or 
     data used to inform an update to a product maintained under 
     subsection (b); and
       ``(4) update and enhance the products maintained under 
     subsection (b), as necessary.
       ``(f) Natural Hazard Risk Assessment Insights.--In 
     determining additional data to include in products that are 
     natural hazard risk assessments under subsection (e)(2), the 
     President shall consult with, at a minimum--
       ``(1) the Administrator of the Federal Emergency Management 
     Agency;
       ``(2) the Secretary of Agriculture and the Chief of the 
     Forest Service;
       ``(3) the Secretary of Commerce, the Administrator of the 
     National Oceanic and Atmospheric Administration, the Director 
     of the Bureau of the Census, and the Director of the National 
     Institute of Standards and Technology;
       ``(4) the Secretary of Defense and the Commanding Officer 
     of the United States Army Corps of Engineers;

[[Page S5504]]

       ``(5) the Administrator of the Environmental Protection 
     Agency;
       ``(6) the Secretary of the Interior and the Director of the 
     United States Geological Survey;
       ``(7) the Secretary of Housing and Urban Development; and
       ``(8) the Director of the Federal Housing Finance Agency.
       ``(g) Community Disaster Resilience Zone.--With respect to 
     financial assistance provided under section 203(i) to perform 
     a resilience or mitigation project within, or that primarily 
     benefits, a community disaster resilience zone, the President 
     may increase the amount of the Federal share described under 
     section 203(h) to not more than 90 percent of the total cost 
     of the resilience or mitigation project.
       ``(h) Resilience or Mitigation Project Planning 
     Assistance.--
       ``(1) In general.--The President may provide financial, 
     technical, or other assistance under this title to an 
     eligible entity that plans to perform a resilience or 
     mitigation project within, or that primarily benefits, a 
     community disaster resilience zone.
       ``(2) Purpose.--The purpose of assistance provided under 
     paragraph (1) shall be to carry out activities in preparation 
     for a resilience or mitigation project or seek an evaluation 
     and certification under subsection (i)(2) for a resilience or 
     mitigation project before the date on which permanent work of 
     the resilience or mitigation project begins.
       ``(3) Application.--If required by the President, an 
     eligible entity seeking assistance under paragraph (1) shall 
     submit an application in accordance with subsection (i)(1).
       ``(4) Funding.--In providing assistance under paragraph 
     (1), the President may use amounts set aside under section 
     203(i).
       ``(i) Community Disaster Resilience Zone Project 
     Applications.--
       ``(1) In general.--If required by the President or other 
     Federal law, an eligible entity shall submit to the President 
     an application at such time, in such manner, and containing 
     or accompanied by such information as the President may 
     reasonably require.
       ``(2) Evaluation and certification.--
       ``(A) In general.--Not later than 120 days after the date 
     on which an eligible entity submits an application under 
     paragraph (1), the President shall evaluate the application 
     to determine whether the resilience or mitigation project 
     that the entity plans to perform within, or that primarily 
     benefits, a community disaster resilience zone--
       ``(i) is designed to reduce injuries, loss of life, and 
     damage and destruction of property, such as damage to 
     critical services and facilities; and
       ``(ii) substantially reduces the risk of, or increases 
     resilience to, future damage, hardship, loss, or suffering.
       ``(B) Certification.--If the President determines that an 
     application submitted under paragraph (1) meets the criteria 
     described in subparagraph (A), the President shall certify 
     the proposed resilience or mitigation project.
       ``(C) Effect of certification.--The certification of a 
     proposed resilience or mitigation project under subparagraph 
     (B) shall not be construed to exempt the resilience or 
     mitigation project from the requirements of any other law.
       ``(3) Projects causing displacement.--With respect to a 
     resilience or mitigation project certified under paragraph 
     (2)(B) that involves the displacement of a resident from any 
     occupied housing unit, the entity performing the resilience 
     or mitigation project shall--
       ``(A) provide, at the option of the resident, a suitable 
     and habitable housing unit that is, with respect to the 
     housing unit from which the resident is displaced--
       ``(i) of a comparable size;
       ``(ii) located in the same local community or a community 
     with reduced hazard risk; and
       ``(iii) offered under similar costs, conditions, and terms;
       ``(B) ensure that property acquisitions resulting from the 
     displacement and made in connection with the resilience or 
     mitigation project--
       ``(i) are deed restricted in perpetuity to preclude future 
     property uses not relating to mitigation or resilience; and
       ``(ii) are the result of a voluntary decision by the 
     resident; and
       ``(C) plan for robust public participation in the 
     resilience or mitigation project.''.
       (b) National Risk Index Funding.--Nothing in section 206 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act, as added by subsection (a) of this section, 
     shall be construed to prohibit the Administrator of the 
     Federal Emergency Management Agency from using amounts 
     available to maintain and update the National Risk Index 
     until the earlier of--
       (1) the date on which those amounts are transferred to 
     another source; and
       (2) 3 years after the date of enactment of this Act.
       (c) Applicability.--The amendments made by this Act shall 
     only apply with respect to amounts appropriated on or after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 6027. Mr. SCHUMER (for Mr. Cardin) proposed an amendment to the 
bill S. 3906, to improve certain programs of the Small Business 
Administration to better assist small business customers in accessing 
broadband technology, and for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Small Business Broadband and 
     Emerging Information Technology Enhancement Act of 2022''.

     SEC. 2. BROADBAND AND EMERGING INFORMATION TECHNOLOGY 
                   COORDINATOR.

       The Small Business Act (15 U.S.C. 631 et seq.) is amended--
       (1) by redesignating section 49 (15 U.S.C. 631 note) as 
     section 50; and
       (2) by inserting after section 48 (15 U.S.C. 657u) the 
     following:

     ``SEC. 49. BROADBAND AND EMERGING INFORMATION TECHNOLOGY.

       ``(a) Definitions.--In this section--
       ``(1) the term `Associate Administrator' means the 
     Associate Administrator for the Office of Investment and 
     Innovation;
       ``(2) the term `broadband' means--
       ``(A) high-speed wired broadband internet; and
       ``(B) high-speed wireless internet;
       ``(3) the term `broadband and emerging information 
     technology coordinator' means the employee designated to 
     carry out the broadband and emerging information technology 
     coordination responsibilities of the Administration under 
     subsection (b)(1); and
       ``(4) the term `emerging information technology' includes--
       ``(A) data science technologies such as artificial 
     intelligence and machine learning;
       ``(B) Internet of Things;
       ``(C) distributed ledger technologies such as blockchain;
       ``(D) cloud computing and software as a system 
     technologies;
       ``(E) computer numerical control technologies such as 3D 
     printing; and
       ``(F) robotics and automation.
       ``(b) Assignment of Coordinator.--
       ``(1) Assignment of coordinator.--The Associate 
     Administrator shall designate a senior employee of the Office 
     of Investment and Innovation to serve as the broadband and 
     emerging information technology coordinator, who--
       ``(A) shall report to the Associate Administrator;
       ``(B) shall work in coordination with--
       ``(i) the chief information officer, the chief technology 
     officer, and the head of the Office of Technology of the 
     Administration; and
       ``(ii) any other Associate Administrator of the 
     Administration determined appropriate by the Associate 
     Administrator;
       ``(C) has experience developing and implementing 
     telecommunications policy in the private sector or 
     government; and
       ``(D) has demonstrated significant experience in the area 
     of broadband or emerging information technology.
       ``(2) Responsibilities of coordinator.--The broadband and 
     emerging information technology coordinator shall--
       ``(A) coordinate programs of the Administration that assist 
     small business concerns in adopting, making innovations in, 
     and using broadband and other emerging information 
     technologies;
       ``(B) serve as the primary liaison of the Administration to 
     other Federal agencies involved in broadband and emerging 
     information technology policy, including the Department of 
     Commerce, the Department of Agriculture, the Department of 
     the Treasury, and the Federal Communications Commission;
       ``(C) identify best practices relating to broadband and 
     emerging information technology that may benefit small 
     business concerns; and
       ``(D) identify and catalog tools and training available 
     through the resource partners of the Administration that 
     assist small business concerns in adopting, making 
     innovations in, and using broadband and emerging information 
     technologies.
       ``(3) Travel.--Not more than 20 percent of the hours of 
     service by the broadband and emerging information technology 
     coordinator during any fiscal year shall consist of travel 
     outside the United States to perform official duties.
       ``(c) Broadband and Emerging Information Technology 
     Training.--The broadband and emerging information technology 
     coordinator shall provide to employees of the Administration 
     training that--
       ``(1) familiarizes employees of the Administration with 
     broadband and other emerging information technologies;
       ``(2) includes--
       ``(A) instruction on counseling small business concerns 
     regarding adopting, making innovations in, and using 
     broadband and other emerging information technologies; and
       ``(B) information on programs of the Federal Government 
     that provide assistance to small business concerns relating 
     to broadband and emerging information technologies; and
       ``(3) to maximum extent practicable, uses the tools and 
     training cataloged and identified under subsection (b)(2)(D).
       ``(d) Reports.--
       ``(1) Biennial report on activities.--Not later than 2 
     years after the date on which the Associate Administrator 
     makes the first designation of an employee under subsection 
     (b), and every 2 years thereafter, the broadband and emerging 
     information technology coordinator shall submit to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on

[[Page S5505]]

     Small Business of the House of Representatives a report 
     regarding the programs and activities of the Administration 
     relating to broadband and other emerging information 
     technologies.
       ``(2) Impact of broadband availability, speed, and price 
     and emerging information technology deployment on small 
     businesses.--
       ``(A) In general.--Subject to appropriations, the Chief 
     Counsel for Advocacy shall conduct a study evaluating the 
     impact of--
       ``(i) broadband availability, speed, and price on small 
     business concerns; and
       ``(ii) emerging information technology deployment on small 
     business concerns.
       ``(B) Report.--Not later than 3 years after the date of 
     enactment of the Small Business Broadband and Emerging 
     Information Technology Enhancement Act of 2022, the Chief 
     Counsel for Advocacy shall submit to the Committee on 
     Commerce, Science, and Transportation and the Committee on 
     Small Business and Entrepreneurship of the Senate and the 
     Committee on Energy and Commerce and the Committee on Small 
     Business of the House of Representatives a report on the 
     results of the study under subparagraph (A), including--
       ``(i) a survey of broadband speeds available to small 
     business concerns;
       ``(ii) a survey of the cost of broadband speeds available 
     to small business concerns;
       ``(iii) a survey of the type of broadband technology used 
     by small business concerns;
       ``(iv) a survey of the types of emerging information 
     technologies used by small business concerns; and
       ``(v) any policy recommendations that may improve the 
     access of small business concerns to broadband services or 
     emerging information technologies.''.

     SEC. 3. ENTREPRENEURIAL DEVELOPMENT.

       Section 21(c)(3)(B) of the Small Business Act (15 U.S.C. 
     648(c)(3)(B)) is amended--
       (1) in the matter preceding clause (i), by inserting 
     ``accessing broadband and other emerging information 
     technology,'' after ``technology transfer,'';
       (2) in clause (ii), by striking ``and'' at the end;
       (3) in clause (iii), by adding ``and'' at the end; and
       (4) by adding at the end the following:
       ``(iv) increasing the competitiveness and productivity of 
     small business concerns by assisting entrepreneurs in 
     accessing broadband and other emerging information 
     technology;''.
                                 ______
                                 
  SA 6028. Mr. SCHUMER (for Mr. Cardin (for himself and Mr. Rubio)) 
proposed an amendment to the bill H.R. 3462, to require an annual 
report on the cybersecurity of the Small Business Administration, and 
for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``SBA Cyber Awareness Act''.

     SEC. 2. CYBERSECURITY AWARENESS REPORTING.

       (a) In General.--Section 10 of the Small Business Act (15 
     U.S.C. 639) is amended by inserting after subsection (a) the 
     following:
       ``(b) Cybersecurity Reports.--
       ``(1) Annual report.--Not later than 180 days after the 
     date of enactment of this subsection, and every year 
     thereafter, the Administrator shall submit a report to the 
     appropriate congressional committees that includes--
       ``(A) a strategy to increase the cybersecurity of 
     information technology infrastructure of the Administration;
       ``(B) a supply chain risk management strategy and an 
     implementation plan to address the risks of foreign 
     manufactured information technology equipment utilized by the 
     Administration, including specific risk mitigation activities 
     for components originating from entities with principal 
     places of business located in the People's Republic of China; 
     and
       ``(C) an account of--
       ``(i) any incident that occurred at the Administration 
     during the 2-year period preceding the date on which the 
     first report is submitted, and, for subsequent reports, the 
     1-year period preceding the date of submission; and
       ``(ii) any action taken by the Administrator to respond to 
     or remediate any such incident.
       ``(2) FISMA reports.--Each report required under paragraph 
     (1) may be submitted as part of the report required under 
     section 3554 of title 44, United States Code.
       ``(3) Rule of construction.--Nothing in this subsection 
     shall be construed to affect the reporting requirements of 
     the Administrator under chapter 35 of title 44, United States 
     Code, in particular the requirement to notify the Federal 
     information security incident center under section 
     3554(b)(7)(C)(ii) of such title, any guidance issued by the 
     Office of Management and Budget, or any other provision of 
     law or Federal policy.
       ``(4) Definitions.--In this subsection:
       ``(A) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(i) the Committee on Small Business and Entrepreneurship 
     of the Senate;
       ``(ii) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(iii) the Committee on Small Business of the House of 
     Representatives; and
       ``(iv) the Committee on Oversight and Reform of the House 
     of Representatives.
       ``(B) Incident.--The term `incident' has the meaning given 
     the term in section 3552 of title 44, United States Code.
       ``(C) Information technology.--The term `information 
     technology' has the meaning given the term in section 3502 of 
     title 44, United States Code.''.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the Small 
     Business Administration shall, to the greatest extent 
     practicable, provide to the Committee on Small Business and 
     Entrepreneurship of the Senate, the Committee on Homeland 
     Security and Governmental Affairs of the Senate, the 
     Committee on Small Business of the House of Representatives, 
     and the Committee on Oversight and Reform of the House of 
     Representatives a detailed account of information technology 
     (as defined in section 3502 of title 44, United States Code) 
     of the Small Business Administration that was manufactured by 
     an entity that has its principal place of business located in 
     the People's Republic of China.
                                 ______
                                 
  SA 6029. Mr. SCHUMER (for Mr. Cardin) proposed an amendment to the 
bill S. 2521, to require the Administrator of the Small Business 
Administration to establish an SBIC Working Group, and for other 
purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``SBIC Advisory Committee Act 
     of 2022''.

     SEC. 2. SBIC ADVISORY COMMITTEE.

       (a) Definitions.--In this section--
       (1) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively;
       (2) the term ``covered Members'' means the Chair and 
     Ranking Member of--
       (A) the Committee on Small Business and Entrepreneurship of 
     the Senate; and
       (B) the Committee on Small Business of the House of 
     Representatives;
       (3) the terms ``licensee'', ``small business investment 
     company'', and ``underlicensed State'' have the meanings 
     given those terms in section 301 of the Small Business 
     Investment Act of 1958 (15 U.S.C. 662);
       (4) the term ``low-income community'' has the meaning given 
     the term in section 45D(e) of the Internal Revenue Code of 
     1986;
       (5) the term ``rural area'' has the meaning given the term 
     by the Bureau of the Census;
       (6) the terms ``small business concern'', ``small business 
     concern owned and controlled by veterans'', and ``small 
     business concern owned and controlled by women'' have the 
     meanings given those terms in section 3 of the Small Business 
     Act (15 U.S.C. 632);
       (7) the term ``socially or economically disadvantaged 
     individual'' means a socially disadvantaged individual or 
     economically disadvantaged individual, as described in 
     paragraphs (5) and (6)(A), respectively, of section 8(a) of 
     the Small Business Act (15 U.S.C. 637(a));
       (8) the term ``underfinanced State'' means a State that has 
     below median financing, as determined by the Administrator; 
     and
       (9) the term ``underserved community'' means--
       (A) a HUBZone, as defined in section 31(b) of the Small 
     Business Act (15 U.S.C. 657a(b));
       (B) a community that has been designated as an empowerment 
     zone or an enterprise community under section 1391 of the 
     Internal Revenue Code of 1986;
       (C) a community that has been designated as a promise zone 
     by the Secretary of Housing and Urban Development; and
       (D) a community that has been designated as a qualified 
     opportunity zone under section 1400Z-1 of the Internal 
     Revenue Code of 1986.
       (b) Establishment.--The Administrator shall establish an 
     SBIC Advisory Committee (referred to in this section as the 
     ``Advisory Committee'') to convene outside experts to advise 
     on the small business investment program under title III of 
     the Small Business Investment Act of 1958 (15 U.S.C. 681 et 
     seq.).
       (c) Composition.--
       (1) Membership.--The Advisory Committee shall be composed 
     of 16 members appointed by the Administrator as follows:
       (A) The Associate Administrator of the Office of Investment 
     and Innovation of the Small Business Administration, or 
     another designee of the Administrator as determined by the 
     Administrator.
       (B) 7 members with competence, interest, or knowledge of 
     the small business investment program under title III of the 
     Small Business Investment Act of 1958 (15 U.S.C. 681 et 
     seq.), of whom--
       (i) not fewer than 3 shall have a demonstrated record of 
     expertise in investing in--

       (I) low-income communities;
       (II) communities that have been designated as qualified 
     opportunity zones under section 1400Z-1 of the Internal 
     Revenue Code of 1986;
       (III) businesses primarily engaged in research and 
     development;
       (IV) manufacturers;
       (V) businesses primarily owned or controlled by individuals 
     in underserved communities before receiving capital from the 
     licensee;
       (VI) rural areas; or
       (VII) underfinanced States; and

[[Page S5506]]

       (ii) not fewer than 1 member shall be a representative from 
     a trade association for the small business investment program 
     under title III of the Small Business Investment Act of 1958 
     (15 U.S.C. 681 et seq.).
       (C) 8 members appointed by the Administrator as follows:
       (i) 2 members shall be selected from among the individuals 
     in the list submitted by the Chair of the Committee on Small 
     Business and Entrepreneurship of the Senate under paragraph 
     (2).
       (ii) 2 members shall be selected from among the individuals 
     in the list submitted by the Ranking Member of the Committee 
     on Small Business and Entrepreneurship of the Senate under 
     paragraph (2).
       (iii) 2 members shall be selected from among the 
     individuals in the list submitted by the Chair of the 
     Committee on Small Business of the House of Representatives 
     under paragraph (2).
       (iv) 2 members shall be selected from among the individuals 
     in the list submitted by the Ranking Member of the Committee 
     on Small Business of the House of Representatives under 
     paragraph (2).
       (2) Recommendations.--Not later than 30 days after the date 
     of enactment of this Act, each of the covered Members shall 
     provide to the Administrator a list of 3 candidates for 
     membership on the Advisory Committee, who shall be 
     individuals who hold a high-ranking position or senior 
     leadership role, and have no conflict of interest in the 
     small business investment program under title III of the 
     Small Business Investment Act of 1958 (15 U.S.C. 681 et 
     seq.), in--
       (A) a relevant industry trade association;
       (B) the investment industry with expertise in pensions, 
     endowments, and other non-banking institutions;
       (C) academia with expertise in the investment industry; or
       (D) a nonprofit institution, including one that serves any 
     of the entities described in subclauses (I) through (VII) of 
     paragraph (1)(B)(i).
       (3) Private sector members.--Not fewer than 2 and not more 
     than 4 of the members of the Advisory Committee shall be 
     investors in the private sector who--
       (A) invest in small business concerns; and
       (B) as of the date of appointment, do not participate in 
     the small business investment program under title III of the 
     Small Business Investment Act of 1958 (15 U.S.C. 681 et 
     seq.).
       (4) Chairperson.--The Chairperson of the Advisory Committee 
     shall be the member of the Advisory Committee appointed under 
     paragraph (1)(A).
       (5) Period of appointment.--Members of the Advisory 
     Committee shall be appointed for the life of the Advisory 
     Committee.
       (6) Vacancies.--Any vacancy in the Advisory Committee shall 
     be filled in the same manner as the original appointment.
       (d) Deadline for Appointment.--Not later than 60 days after 
     the date on which the covered Members provide the lists to 
     the Administrator under subsection (c)(2), the Administrator 
     shall--
       (1) appoint the members of the Advisory Committee; and
       (2) submit to Congress a list of the members so appointed.
       (e) Duties.--The Advisory Committee shall provide advice 
     and recommendations to the Administrator--
       (1) concerning policy and program development and other 
     matters of significance concerning activities under the Small 
     Business Act (15 U.S.C. 631 et seq.) and the Small Business 
     Investment Act of 1958 (15 U.S.C. 661 et seq.), including 
     diversifying management teams or companies;
       (2) concerning incentives for small business investment 
     companies to--
       (A) invest and locate in underlicensed States and 
     underfinanced States; and
       (B) invest in small business concerns, including those 
     owned and controlled by socially or economically 
     disadvantaged individuals, small business concerns owned and 
     controlled by veterans, and small business concerns owned and 
     controlled by women;
       (3) concerning metrics of success, and benchmarks for 
     success, with respect to the goals described in this section; 
     and
       (4) concerning the impact of the small business investment 
     program under title III of the Small Business Investment Act 
     of 1958 (15 U.S.C. 681 et seq.) on the private investment 
     market, including whether investments under the program 
     compete with the private sector.
       (f) Report.--Not later than 18 months after the date on 
     which the Administrator establishes the Advisory Committee 
     under subsection (b), the Advisory Committee shall submit to 
     the Administrator, the Committee on Small Business and 
     Entrepreneurship of the Senate, and the Committee on Small 
     Business of the House of Representatives a report that 
     includes the recommendations of the Advisory Committee 
     described in subsection (e).
       (g) Termination.--The Advisory Committee shall terminate on 
     the date on which the Advisory Committee submits the report 
     required under subsection (f).
                                 ______
                                 
  SA 6030. Mr. SCHUMER proposed an amendment to amendment SA 5745 
proposed by Mr. Schumer to the bill H.R. 6833, to amend title XXVII of 
the Public Health Service Act, the Internal Revenue Code of 1986, and 
the Employee Retirement Income Security Act of 1974 to establish 
requirements with respect to cost-sharing for certain insulin products, 
and for other purposes; as follows:

       At the end add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take on the date that is 1st day after the 
     date of enactment of the Act.
                                 ______
                                 
  SA 6031. Mr. SCHUMER proposed an amendment to the bill H.R. 6833, to 
amend title XXVII of the Public Health Service Act, the Internal 
Revenue Code of 1986, and the Employee Retirement Income Security Act 
of 1974 to establish requirements with respect to cost-sharing for 
certain insulin products, and for other purposes; as follows:

       At the end add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take on the date that is 5 days after the 
     date of enactment of the Act.
                                 ______
                                 
  SA 6032. Mr. SCHUMER proposed an amendment to amendment SA 6031 
proposed by Mr. Schumer to the bill H.R. 6833, to amend title XXVII of 
the Public Health Service Act, the Internal Revenue Code of 1986, and 
the Employee Retirement Income Security Act of 1974 to establish 
requirements with respect to cost-sharing for certain insulin products, 
and for other purposes; as follows:

       On page 1, line 3, strike ``5'' and insert ``6'',

                          ____________________